Missouri AG Opinions — 1963

After consolidation of two municipalities, the governing body has no authority to make any distinction, with respect to liability for taxes thereafter levied, between residents of the two former municipalities and may not legally forgive the payment or refund taxes so levied to the residents of one of such former municipalities.

Opinion letter to the Honorable Vance R. Frick

Opinion letter to the Honorable Tom Baker

Opinion letter to the Honorable Don E. Burrell

Opinion letter to the Honorable George H. Pace

An election must be held in Gasconade County on April 2, 1963 for the office of County Superintendent of Schools and it is the duty of the County Clerk of Gasconade County to cause sufficient ballots to be printed and delivered to the various school districts of the county; and this ballot should contain a place for write-in votes.

Opinion letter to the Honorable J. R. Fritz

Proceedings of board of directors of Shield Life and Accident Insurance Company, changing from stipulated premium life insurance company to regular life insurance company are in acceptable legal form.

Opinion letter to the Honorable Charles D. Trigg

No right of inspection of public records of the Kansas City Police Department exist either under Sec. 109.180, RSMo 1959, or a common law except for those records expressly required by law to be kept.

The County Collector may not sell for delinquent taxes land which has escheated to the State in accordance with Section 470.010 RSMo 1959. Title to such property vests in the State immediately upon the death of the former owner and Section 470.060 et seq. merely outlines the formal procedure necessary to secure a judicial determination that the title has in fact vested.

1) It is not mandatory that the defaulting parent be prosecuted as a condition precedent to the granting of A.D.C. benefits. 2) Support payments or other income should be deducted from the needs of the family as determined by the Division of Welfare and not from the maximum amount payable under Section 208.150.

Opinion letter to the Honorable Don E. Burrell

Opinion letter to the Honorable Gerald Kiser

Wife and minor children of a person in military service stationed in Missouri who have a valid operator’s license of the state of his residence are not required to obtain an operator’s license from this state.

Missouri credit unions are authorized to invest their funds in bonds of school districts.

Opinion letter to the Honorable Milton Carpenter, Honorable Charles Trigg , and Honorable Thomas C. Dunne

Opinion letter to the Honorable John A. Honssinger

Opinion letter to the Honorable Robert A. Bonney

Opinion letter to the Honorable Charles G. Hyler

Opinion letter to the Honorable John M. Dalton

Regular jurors who are required to and who actually travel each day for which such mileage is claimed from their place of residence to the courthouse are entitled to mileage as well as per diem for each day of service as such jurors.

Opinion letter to the Honorable Charles D. Trigg

Opinion letter to the Honorable Michael Kinney

Opinion letter to the Honorable William W. Hoertel

The State is not liable for any jury fees except such as are taxable as costs pursuant to express statutory authorization. Jurors on the regular panel receive $6 per day and mileage; jurors not on the regular panel who serve in a case also receive $6 per day and mileage; and jurors who are summoned in cases described in Sec. 494.120, but do not serve in the trial also receive $6 per day, and also receive mileage if they have traveled at least one mile. No part of such compensation may be taxed as costs. Jurors not on the regular panel who are summoned in all cases other than those described in Sec. 494.120, but do not serve in the trial receive $3 per day, and the fees allowed to such jurors are to be taxed as costs in the cases in which they were summoned.

Opinion letter to the Honorable John A. Honssinger

Opinion letter to the Honorable L. F. Cottey

Opinion letter to the Honorable William J. Cason

Articles of Incorporation of Old Reliable Insurance Company.

Plan whereby buyer of merchandise received commission on each purchase by persons to whom he refers salesman is a lottery.

The non-partisan court plan can be extended to St. Louis county and other circuits by statute. Non-partisan court plan can be adopted without including magistrates in such plan. Non-partisan court plan can be adopted without including office of probate judge and ex officio magistrate. Non-partisan court plan can be adopted in St. Louis county without submitting question to voters.

Opinion letter to the Honorable Charles B. Faulkner

City school districts having population of less than 75,000 inhabitants may increase tax rate unlimited in amount not to exceed four years with approval of two-thirds of voters or may increase tax rate not to exceed $3.00 for one year with approval of majority of the voters.

Section 52.270, RSMo 1959, limits the maximum fees and commissions on current taxes to be retained by collectors and ex-officio collectors and is not in conflict with Section 52.260, RSMo 1959.; Section 52.250, RSMo 1959, does not apply to ex-officio collectors.

$15,068.04 general revenue funds of Ray County for 1956 paid for construction of sewer line of Ray County Memorial Hospital by county court order, not a loan, but an appropriation made for improvement and maintenance of public hospital within meaning of Section 205.230, RSMo 1959. Hospital is unauthorized to repay appropriation to Ray County.

The bond of the county collector of second class counties shall be fixed as provided in Subsection 1 of Section 52.020, RSMo 1959, within the limits provided in Section 52.380.

Opinion letter to the Honorable R. B. Mackey

Opinion letter to the Honorable Edgar J. Keating

It is the opinion of this office that in a case wherein the Secretary of State determines that the requested name of a Not For Profit Corporation is one so similar to a name previously on file in his office so as to mislead or deceive the general public or persons he may refuse to file such name.

Opinion letter to the Honorable Peter J. J. Rabbitt

Opinion letter to the Honorable Hubert Wheeler

Articles of Incorporation of General Life of Missouri Insurance Company

The emergency clause appended to H.B. No. 83, General Assembly (which is an act to increase truck weight limits and registration fees), is invalid since said act is not “necessary for the immediate preservation of the public peace, health or safety,” as provided in Section 52, Article , Missouri Constitution.

Opinion letter to the Honorable Charles G. Hyler

In cities of the fourth class one individual cannot serve simultaneously as alderman and as collector.

Opinion letter to the Honorable Floyd L. Sperry , Jr.

The words “another community” found in Sections 362.325 and 363.520 RSMo 1959, relating to change in location of an existing bank or trust company, do not refer to definite boundaries of political subdivisions, but refer to a community of people or interests, banking interests or banking facilities, and such fact issue is to be determined by employing procedures outlined in such statutes.

Opinion letter to the Honorable Daniel V. O’ Brien

Opinion letter to the Honorable Paul Boone