Missouri AG Opinions — 1962

Articles of Incorporation of Town and Country Security Life Insurance Company.

The decision of the Missouri Supreme Court in the case of Estate of Osterloh v. Carpenter does not affect the waiver requirements contained in Section 145.210, M.S.R.

Opinion letter to the Honorable Vernon E. Betz

Opinion letter to Mr. Roderic R. Ashby

1. It is mandatory that the judge of a judicial circuit comprised of third and fourth class counties appoint a juvenile officer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits.; 2. It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made.; 3. A deputy juvenile officer, although appointed for an entire circuit, may be designated to serve one specific county within a judicial circuit at the exclusive discretion, and under the direction and control of the juvenile court for the circuit.; 4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit according to their population, regardless of how or where such deputies are directed to serve by the court.

Opinion letter to the Honorable William B. Milfelt

Opinion letter to the Honorable F. Aschemeyer

Opinion letter to the Honorable Don E. Burrell

A marriage may not be solemnized in Missouri unless a license for such has been obtained from a proper official in this state; marriages solemnized in Missouri on the basis of a license issued in another state are invalid.

A person is disqualified from holding the office of notary public if such person has been convicted of forgery in violation of Section 561.011, . 1959, and such person has been sentenced to imprisonment and granted a judicial parole on the day of conviction and sentence and if said person has not been finally discharged from such judicial parole.

Additional magistrate in Clay County, Missouri authorized by order of Circuit Court under authority of Section 482.010, does not automatically become the second regular magistrate to which the county is now entitled by virtue of its population; effective as of January 1 , 1963, there will no longer be any additional magistrate in Clay County; no particular period of residence in the district from which he is elected is required of a magistrate in order to qualify for the office.

A consumer of services sold by utilities is responsible for paying sales tax upon the total amount charged. This obligation is not changed by the utility billing its customers with a basic charge plus a charge for defraying a local license tax – the two charges equaling the total amount paid for the service.

Political subdivisions referred to in Chapter 67, Cum. . 1961, making expenditures without full compliance with such law causes those expenditures to be illegal.

Opinion letter to the Honorable James P. Landis

A motor-power-assisted bicycle that is capable of propelling itself on horizontal planes but not fully capable of propelling itself on upgrades is a motor vehicle, and this is a question of definition under Section 301.010, rather than classification under Section 301.070, 1959.

Opinion letter to the Honorable John Hosmer

1. Sec. 66.110, 1959, providing for a fee of two dollars and fifty cents in each case involving violation of a county ordinance, is applicable to St. Louis County magistrate courts. Said fee shall be collected in each county ordinance case instituted in any magistrate court of such county. 2. Sec. 483.610, 1959, providing for collection of five dollar magistrate court fee in each criminal proceeding and in each preliminary hearing instituted in any magistrate court, is applicable to St. Louis County magistrate courts. Said fee shall be collected only in each criminal case instituted in a magistrate court of said county. 3. Sec. 482.250 Cum. . 1961, applies in cases other than criminal proceedings and cases involving county ordinances. The fee provided for in the section is collected by magistrate courts of St. Louis County only in such cases.

A contract made with a county court for services to be rendered the county must be in writing subscribed by the parties thereto with the consideration state therein and entered on the records of the county court.

County treasurers in class 3 and 4 counties under township organization are entitled to compensation as provided under Section 54.275, 1959, in addition to compensation they are entitled to receive under Section 54.320, 1959.

Opinion letter to Mr. V. H. Simon

Collector of city of third class responsible for collection of delinquent real estate tax of such city. County collector under no duty to collect delinquent real estate taxes in city of third class.

Articles of Incorporation of Permanent Life Insurance Company

Opinion letter to the Honorable Warren E. Hearnes

The “full name” of a candidate appearing on an official ballot may when warranted include prefix “Mrs.” and suffix “.” and “Jr.” but may not use prefix “Dr.” for a doctor included in Section 564.290 .

Opinion letter to Mr. June R. Rose

Opinion letter to the Honorable J. R. Eiser

Cigarette tax paid by wholesaler on cigarettes sold by him and later returned may be refunded to wholesaler in certain circumstances.

Opinion letter to the Honorable John E. Downs

Membership Certificate No. 7799 negotiated by Jimmy Osburn Burial Service Association of Pemiscot County, Missouri, evidences an insurance contract and persons negotiating such agreements without being duly licensed by the State Division of Insurance are amenable to penalties prescribed in . 375.300 and 375.310, . 1959.

Opinion letter to the Honorable Stephen E. Strom

County Library Districts and City Libraries established under Chapter 182 1959 are required to prepare annual budgets under the provisions of Chapter 67 Cum. . 1961.

1. School districts operating junior colleges do not have to meet organizational standards but must meet all other standards before being eligible to receive state junior college aid under Sec. 165.830, Cum. . 1961.; 2. Such school districts are entitled to state junior college aid for the school year from July 1, 1961 to June 30, 1962, with the amount of such aid to be computed on the basis of the number of semester hours completed by all students in such junior college during the preceding year from July 1, 1960 to June 30, 1961.

Opinion letter to the Honorable Earl R. Blackwell

A registered voter in Class II, and IV counties whose name is changed must reregister in order to vote. Such person may reregister at any time. County Clerk shall not cancel or reinstate any registration within five days prior to election except by order of Circuit Court.