Missouri AG Opinions, 1961

1. Discretion of senatorial apportionment commission in establishing senatorial districts; 2. Board of Election Commissioners has sole authority to establish senatorial districts in City of St. Louis.; 3. Senatorial apportionment commission has no authority in establishment of representative districts.

A prosecuting attorney sending notice to one pursuant to Section 561.470 on complaint of an insufficient fund check in violation of Section 561.460 , cannot charge to or demand of the complainant, the mailing charges thereof.

Employer of County hospital employees is not authorized to deduct and retain a percentage of the state income tax withheld from employees wages.

Florida resident employed in State of Missouri must register and license his motor vehicle in Missouri in order to operate said motor vehicle on the highways of this state, while so employed.

Constitutional Amendment #1 adopted November 8, 1960, provides in Section 46 of the Amendment that emergency powers are granted to the Legislature only after an enemy attack. If the Legislature passes laws with such emergencies in view before an enemy attack, it must do so within the powers presently granted to that body and the constitutional restrictions ordinarily imposed upon any legislation.

Director of Missouri Agricultural experiment station at Columbia, Missouri, having the authority to promulgate regulations under the Missouri Fertilizer Law, Sections 266.291 to 266.351, 1959, may not, in the exercise of such power add to the labeling requirements of Sec. 266.321, 1959, because such action would be adding to the Fertilizer law and adding to its scope.

Officers chosen by county committee under Section 120.800 ., 1959, are elected for an indeterminate term.

Presiding judge of county court is without authority to order clerk to make a record entry showing the judge’s presence during a previously adjourned session of the court. Presiding judge, acting alone, may not order clerk to issue a warrant.

Process of effecting reapportionment of representatives must commence without delay upon the taking of the census. Secretary of state must make the necessary certification forthwith, and upon receipt of such certification, when redistricting is required, the county courts and board of election commissioners in the City of St. Louis must effect such redistricting within 60 days if possible by acting with expedition and due diligence. Statutory requirement that redistricting be completed within 60 days is directory, and a redistricting thereafter completed would be valid. In St. Louis County, county council performs the function of a county court in redistricting the county.

Opinion letter to the Honorable Lee Aaron Bachler

Sections 109.120 and 109.130, 1959 authorize Secretary of State to micro-film permanent records of articles of incorporation with amendments, of “inactive” domestic and foreign corporations and fictitious names records five or more years old, and deem reproductions originals. Reproductions to be placed in conveniently accessible files for preservation and examination. He may certify facts to governor and if governor orders destruction of records from which reproductions made, secretary of state may destroy same.

Opinion letter to the Honorable J. Ben Garrett

Section 11(c), Article X of the 1945 Missouri Constitution, as amended, and Section 165.080, 1959, do not require that all proposed tax rate increases for school purposes be submitted to the voters in one single proposition.

Section 167.220 R.S.Mo. 1959 requires Treasurer of third class county to pay amount of monthly compensation therein provided to superintendent of schools of county as supervisor of school transportation out of funds received from State of Missouri for that purpose. Treasurer unauthorized to make any such payments to superintendent, as school transportation supervisor, before receipt of funds for that purpose from State of Missouri.

A person is not disqualified as a surety in municipal and traffic courts solely because he employs persons who have been convicted of a felony but this fact together with other facts and circumstances may be considered by the court in determining whether the person meets the reputable person requirement of Section 37.107, Rules of the Supreme Court of Missouri.