Missouri AG Opinions — 1964

Opinion letter to the Honorable William G. Johnson

The so-called “Pre-Need Arrangement For Memorial Services” is not a pre-need burial plan within the meaning of Section 333.035-1(12)(d), RSMo 1959, but is only a discount certificate. Licensed embalmers who directly or indirectly enter into Articles of Agreement for the sale of such plans are guilty of unprofessional conduct as defined in Section 333.035-1(12)(d). However, neither subparagraphs (c) nor (d) of this section prohibit embalmers from entering into contracts providing for the sale of genuine pre-need burial plans.

The sale of Aldrain granules which are planted with corn seed is not exempt from the Missouri sales tax.

Opinion letter to the Honorable Charles H. Baker

Articles of Incorporation of Covenant Security Insurance Company.

County may issue bonds for acquiring an airport and for erecting buildings thereon and for equipping said airport for the purpose for which it was constructed.

Opinion letter to the Honorable Haskell Holman

Any question of doubt concerning the identity of a voter who signs the comparative signature card under Section 118.475, RSMo Cum. Supp. 1963, must be decided against the voter by a majority of all judges of election in the precinct before he may be denied the right to vote by reason thereof. A voter who is denied the right to vote on such ground is entitled to vote upon complying with the procedure set out in Section 118.490, RSMo. A voter who willfully refuses to sign the comparative signature card is not entitled to vote.

Opinion letter to the Honorable Bill D. Burlison

Opinion letter to the Honorable Gerald Kiser

Opinion letter to the Honorable Norman J. Williams

Articles of Incorporation of Capitol Mutual Casualty Insurance Company.

Capitol Business College is not “an accredited university, college or conservatory” within the meaning of Section 431.067, RSMo Cum. Supp. 1963; hence, a minor cannot execute a legally binding note or notes for his education at that institution.

Person charged with felony may be bound over after preliminary examination for appearance at some specific time sooner than the day of the next term of circuit court. A criminal case may be tried at the discretion of the court having jurisdiction if the defendant is given a reasonable time to prepare his case.

County court cannot incorporate unincorporated area upon petition as third class city with city manager form of government. Upon petition for incorporation as third class city with city manager form of government county court may incorporate as regular third class city.

Opinion letter to the Honorable James I. Spainhower

Opinion letter to the Honorable Ralph H. Duggins

Opinion letter to the Honorable Daniel V. O’ Brien

Section 51.150, RSMo Supp. 1963, requires the county clerk to file a certified list of all salaries and nonaccountable fees received by each elected county official by virtue of his office. County Clerks are not required to include service fees received for distributing hunting, fishing, trapping and replacement permits in this list as a county clerk does not receive these fees by virtue of his office.

The State Board of Cosmetology may issue reasonable regulations: (1) prescribing the course of study in a licensed school; (2) prescribing the minimum floor space for obtaining and keeping a school license; (3) requiring advertising by schools to be nondeceptive so that work done by students must be advertised as such; (4) prescribing a reasonable examination for applicants for school licenses; (5) prohibiting the use of brush curlers in licensed schools and shops if it is impracticable to keep them sanitary or making reasonable sanitary requirements.; The State Board of Cosmetology has not been authorized by statute to make regulations: (6) prohibiting a licensed school owner from having a licensed shop; (7) requiring a shop owner who teaches an apprentice to be a licensed instructor.

The supervisors of a circuit court levee district have authority under Section 245.175 to levy an additional tax for organizational purposes if the total levies do not exceed one dollar per acre.

Articles of Incorporation of the proposed Covenant Security Insurance Company are legally insufficient, and require amendment before certification under Section 379.040, RSMo 1959.

Opinion letter to the Honorable Warren E. Hearns

Opinion letter to the Honorable Francis Toohey , Jr.

Opinion letter to the Honorable Ronald M. Belt

Opinion letter to the Honorable Maurice Schechter

Opinion letter to R. A Michael, D. O.

Opinion letter to Mr. Proctor N. Carter

A defendant may not properly be charged and convicted at the same trial of two distinct felonies (except as authorized by statute) unless he waives this procedure by not objecting during trial or after trial.

1) That portion of Section 222.020, RSMo 1959, which provides that sentences must be cumulative in certain instances, does not apply when the defendant already under sentence to the custody of the Department of Corrections, is convicted of another crime committed prior to imposition of the sentence which he is serving.; 2) Where no statutory requirement to the contrary applies, it is within the discretion of a court imposing sentence to the custody of the Department of Corrections to determine whether or not it shall be served consecutive to or concurrent with prior sentences to the same department.

Opinion letter to the Honorable Frank M. Karsten

Articles of Incorporation of Mid-West National Fire and Casualty Insurance Company.

All residents of a school district shall vote as prescribed by law upon the county board of education (Section 165.657, RSMo 1963 Cum. Supp.) which has jurisdiction over their district regardless of what county the voter lives in. Where a part of a school district projects outside the county and is contiguous to both county court districts, the county court district line is to be also projected so as to bisect the whole district and all voters of the district are to vote upon those members of the county board of education to be elected from the area on that side of the bisecting line in which the voter resides.

Motor fuel tax claims for refund which had not been filed with the Collector of Revenue within 120 days next preceding October 13, 1963, had legally expired and were not revived when Section 142.230, RSMo Cum. Supp. 1963 was amended extending the period of filing such claims from 120 days to one year.

A man may be prosecuted under Section 563.340, 1959, relating to vagrancy, for his willful neglect or refusal to support his family, even though he is divorced at the time prosecution is initiated, if such willful neglect or refusal is alleged to have taken place prior to said divorce.

The State Treasurer should not transfer the balance in the Lincoln University Fund to the General Revenue Fund.

An assessor of a second class county may receive from the county court reimbursement for reasonable travel expenses actually and necessarily incurred in carrying out his official duties within the county at the reasonable rate of eight cents per mile.

In a township which contains a city ward from which committeemen and committeewomen are elected, a resident of such city ward may not file for the position of township committeeman or committeewoman.

A deputy county clerk may accept additional employment from the County Weed Control Board and receive compensation for his services. This compensation is separate from and is not to be considered subject to the limitations imposed by Section 51.450, RSMo relating to the compensation of deputy county clerks.

1. Section 137.115(2), RSMo 1959, respecting the assessment for taxation of agricultural field crops, does not violate Art. X, Sec. 4 (a) and (b) of the Constitution of Missouri and is constitutional.; 2. The taxpayer should claim his right to exemption under Section 137.115 by informing the assessor when taxable personal property consists of agricultural field crops in an unmanufactured condition intended to be used solely as seed or in the feeding of livestock or poultry.

Candidates who filed for office and paid their filing fee prior to October 13, 1963, as required by Section 120.350, RSMo 1959, need not pay an additional filing fee as required by Section 120.350, RSMo Cum. Supp. 1963 in order to be eligible candidates.

If, after the filing of the inventory and appraisement of the estate of the decedent, it is the opinion of the court entered of record that these items are not taxable, then and only then do the provisions of Section 145.210, RSMo become inoperative.

The county court has authority under Section 205.375, RSMo 1959, to issue revenue bonds for the purpose of acquiring land and sites for nursing homes.

Opinion letter to the Honorable Frank Conley

The recorder of deeds has authority to accept for recording certified copies of death certificates.

Opinion letter to the Honorable William E.

Opinion letter to the Honorable Milton Carpenter

Opinion letter to the Honorable Harold L. Henry

Opinion letter to the Honorable Maurice Schechter

The city library board of the City of St. Joseph is authorized by the charter and by the statutes, to make its own purchases of necessary books and supplies for the use of the library. No order or ordinance of the City of St. Joseph or its officers compelling the purchase of all supplies by the city purchasing agent, is applicable to the city library board.