Missouri AG Opinions — 1965

Opinion letter to the Honorable Robert D. Scharz

Opinion letter to the State Tax Commission of Missouri

Opinion letter to the Honorable Charles B. Faulkner

Bonds of Metropolitan Sewer District not eligible as security for state deposits in banks.

A County Court is authorized in its discretion to pay the bond premium for the Official Bond of the County Surveyor.

Physicians who accept professional staff appointments in Missouri hospitals and regularly practice medicine and surgery in those hospitals are maintaining an “appointed place to meet patients or receive calls within the limits of this state.” Such physicians are required to have a Missouri license.

Opinion letter to Reuben R. Rhoades , D.D.S.

Interest paid by a bank for courthouse bond sinking fund deposits must accrue to the fund itself and cannot be used as general revenue by the county.

Opinion letter to the Honorable Paul D. , Jr.

Opinion letter to the Honorable Robert D. Scharz

There is no prohibition against a person who is presently township assessor and is also county treasurer ex officio collector-elect, from continuing his duties as township assessor until he assumes the duties as county treasurer ex officio collector. The bonds which must be given by a county treasurer ex officio collector in a county under township organization are the bonds required by Sections 54.070 and 52.020, RSMo Cum. Supp. 1963. A person who resigns as township assessor and then becomes county treasurer ex officio collector, is no longer a qualified member of the county Board of Equalization.

Opinion letter to the Honorable Lloyd J. Baker

Agents, assistants, deputies and inspectors of the Department of Liquor Control may be bonded under a blanket bond in the sum of $5,000.00 for each agent, assistant, deputy and inspector.

Opinion letter to the Honorable Peter J. Grewach

Opinion letter to Major General L. B. Adams

Previous residence in the territory annexed to the City of Macon is equivalent to residence in the City of Macon for the purpose of computing the period of residence required by Section 77.060, RSMo 1959, relating to candidates for councilman.

All fees received by a circuit clerk or a circuit clerk acting as ex officio recorder of deeds for certifying documents under his control by virtue of his office as circuit clerk or recorder of deeds may not be retained but must be paid into the county treasury.

If a district does not maintain any high school or does not maintain high school facilities in which all high school students of the district can be educated, then as to any high school students which cannot be educated in the district’s high school, the district has the duty and authority under Section 161.095, RSMo. Cum. Supp. 1963, to pay their tuition to attend a high school in the same or an adjoining county.

Opinion letter to the Honorable Peter H.

There is no constitutional provision prohibiting the Legislature from paying interest on income tax refund claims which arose during the year 1964 but which remain unpaid because of an insufficient appropriation.

Section 165.300, RSMo Supp. 1963, (after July 1, 1965, renumbered as Section 162.441) does not require approval by the State Board of Education of a school district annexation where the districts adjoin.

Opinion letter to M. D. Overholser , M.D.

Participants in a “Jamboree,” a 20 game pool or billiard contest wherein participants receive prize money obtained from a $10.00 entry fee which is distributed in proportion to the number of games won, are in violation of Section 563.390, RSMo 1959, which forbids playing pool for money.

The phrase “not requiring refrigeration” as used in Section 196.932, RSMo. Cum. Supp. 1963, refers to milk products not requiring refrigeration for public health or sanitation purposes.

Reports of criminal investigations and statements of suspects or defendants in criminal cases in the possession of the prosecuting attorney are not public records and need not be open for public inspection. However, a prosecuting attorney may, in his discretion, permit such inspection as he deems advisable.

Opinion letter to the Honorable Alfred A. Speer

The use, occupancy and operation of dormitories for students not for profit by a state college is a governmental function of that institution and the Board of Regents of the said college is a quasi-public corporation and therefore the proper subject of sovereign immunity to liability in the same degree afforded the State.

Opinion letter to Mr. Larry R. Gale

Opinion letter to the Honorable Lloyd J. Baker

Opinion letter to the Honorable Robert Hoelscher

Opinion letter to the Honorable Allen S. Parish

(1) Soil and water districts, so long as they are acting within their powers granted them by state statute may be eligible to receive funds from Public Law 88-578 where federal requirements are met; (2) however, an appropriation would be needed to transmit these funds from the State to local government units; and (3) the designation of the Inter-Agency Council for Outdoor Recreation as the state agency in Missouri would be in conformity to Public Law 88-578.

Opinion letter to Dr. George A. Ulett

Opinion letter to the Honorable John E. Downs

Opinion letter to Mr. Thomas C. Gilstrap

Opinion letter to the Honorable Cloy E. Whitney

Special Road and Bridge Fund of Jackson County cannot be used to pay salary of an Assistance County Counselor of Jackson County.

Opinion letter to the Honorable James. T. Riley

(1) Local school district that desires to operate a school of cosmetology must apply for registration and pay annual fee of $125.00.; (2) Students of such schools must be registered and pay the student license fee.

Opinion letter to Mr. Clifford L. Summers

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Paul M. Berra

Opinion letter to Mr. V. H. Simon

Opinion letter to the Honorable William D. Kimme

Use of brush rollers brought into a cosmetology shop or school by a patrol to be used solely and exclusively upon the head of such patron is not prohibited.

Opinion letter to the Honorable James L. Paul

Secretary of State may affix his printed facsimile signature to documents required to be attested to or issued by his office, if it is followed by the handwritten signature of Deputy Secretary of State as designated by the Secretary of State.

Credit may not be allowed and refund cannot be made to Credit Unions and Savings and Loan Associations for overpayment of taxes paid under Chapter 148. Refunds can be claimed by individual members of such institutions.

The enforcement of a suspension or revocation of a person’s driving privilege made by the Director of Revenue under Chapter 302, RSMo 1963 Cum. Supp. is not automatically stayed by an appeal thereof. However, if the reviewing court grants a stay of the Director’s order, the enforcement thereof is stayed during the appeal and resumes when a final decision is rendered, if the court, after review, upholds the action of the Director of Revenue.

Opinion letter to Major John W. Howland