Missouri AG Opinions — 1962

Rental charges for additional voting machines for use in St. Louis County are not required to be paid solely out of bond issue funds.

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable William H. Bruce, Jr.

Opinion letter to the Honorable William J. Esely

Frederick Chusid & Company is a private employment agency and required under Section 289.010, 1959, to be licensed by the state.

1. An election to fill the vacancy in sheriff's office in Randolph County, Missouri, due to death of sheriff on September 4, 1962, must be held at the time of the general election in November, 1962.; 2. The person elected as sheriff can qualify and assume his duties immediately after the election.; 3. Each party county committee has authority to nominate a person on its party ticket to run for sheriff.; 4. The names of the nominees selected by the county party committees must be on the regular general election ballot.

Opinion letter to the Honorable John Hosmer

In filling vacancies on the board the chairman of the Board of Trustees of the Village of -Ridge has no vote unless there is a tie.

Opinion letter to Mr. William A. Geary , Jr.

Sec. 548.260, 1959, on waiver of criminal extradition, must be signed and consented to in the presence of a judge as provided in said section and does not authorize police officers to take such waivers from the accused.

Under Missouri Uniform Reciprocal Enforcement of Support Law, Chapter 454, 1959, prosecuting attorney has mandatory duty to seek appropriate orders of execution and garnishment when a cause has been forwarded to and docketed in Missouri.

Opinion letter to the Honorable William B. Milfelt

Opinion letter to Mr. June R. Rose

The city collector of Jackson, Missouri, is an employee of such city and subject to coverage under the agreement between such city and the State.

Boards of education of school districts in the state of Missouri are not included within the meaning of the terms “officer or agency of this state” as that term is used in Section 8.250, 1959.

Opinion letter to the Honorable Garner L. Moody

Opinion letter to the Honorable Bernard W. Gorman

The provisions of Section 290.040, 1959, stating that no female employed by certain named industries shall work more than 9 hours during any one day, or more than 54 hours during any one week, may not be waived by an individual female employee covered thereunder.

Opinion letter to the Honorable J. R. Fritz

Opinion letter to the Honorable William H.

Opinion letter to Dr. George A. Ulett

Ballot boxes in third and fourth class counties must be locked in order to comply with the requirements of Section 111.610, 1959, that they be securely closed and that the election judges are responsible for locking the ballot boxes.

Opinion letter to the Honorable Thomas D. Graham

The day prior to any general or primary election day is last day for valid registration for such election; persons registering after day and before election day may not vote in election but are properly registered for next election. County Clerk should withhold registration cards of late registrants until day after election immediately following 28-day period and then place in proper binders.

(1) The committeemen and committeewomen of the several townships and of Ward 21 which are included in whole or in part in a legislative district of Clay County compose the legislative district committee for such legislative district. (2) There is no requirement that either the chairman or vice-chairman of a legislative district committee reside within the legislative district for which he or she is chairman or vice-chairman. (3) The chairman and vice-chairman of the county committee, the chairman and vice-chairman of each of the three legislative districts into which Clay County has been divided and the committeeman and committeewoman elected in the Ward of Kansas City, constituting a part of Clay County, are, by virtue of their election as such, members of the Sixth Congressional District Committee.

Teachers’ salaries must be paid from fund provided in Sec. 165.110, 1959. In school districts in this state not in cities that have a population of 75,000 or more, teacher is retired July 1 next after attaining age 70 and may thereafter teach only under provisions of Sec. 169.560; school board may not legally pay teacher’s salary from fund provided in Sec. 165.110 past July 1 next after teacher has reached age 70 except under provisions of Sec. 169.560; school board may not legally contract with teacher who is retired by provisions of Sec. 169.060 except under provisions of Sec. 169.560.

Meaning of “city” in Section 19, Article VI, Constitution of Missouri includes town and village. A Special Charter town incorporated prior to 1875 Missouri Constitution, with more than 10,000 population may become constitutional charter town by following procedure of said Section 19, Article VI, Constitution of Missouri. A village having more than 10,000 population may become constitutional charter village by following procedure of above mentioned constitutional provision.

A hauler regularly transporting motor vehicles carrying agricultural implements or road making machinery or road materials must obtain permit if dimensions exceed statutory authorization. No permit required for such hauler not regularly engaged in such transporting.

1. Division of Mental Diseases authorized to transfer patient from State Hospital to the Veterans Administration when authorized by Director of Division of Mental Diseases and to pay expenses incurred in making transfer.; 2. Employees of Division of Mental Diseases have no authority to return a patient from another state who has escaped from hospital in this state.

Opinion letter to the Honorable Bill Davenport

The Probate Court must keep the original will permanently in its files.

Opinion letter to the Honorable George H. Morgan

Opinion letter to the Honorable Stephen E. Strom

Ballot title for constitutional amendment by initiative petition relating to the so-called Borough Plan uniting the City of St. Louis and St. Louis County to be submitted to the voters on November 6, 1962.

Opinion letter to the Honorable Stewart E. Tatum

Opinion letter to the Honorable Norman H. Anderson

class cities levying 80 cents tax for municipal purposes and 20 cents for park purposes may vote tax levy for recreational purposes. Combined levy for park and recreation not to exceed 20 cents.

Articles of Incorporation of Midwest National Life Insurance Company

Articles of Incorporation of Farm and Home Insurance Company.

1. Resignation from the office of justice of the peace served to create a vacancy in the office.; 2. A person not a lawyer who had neither served as a justice of the peace for four years prior to nor had been serving as a justice of the peace on the adoption of the 1945 Constitution, cannot qualify to serve in the office of magistrate.

Opinion letter to Mr. George H. Morgan

Opinion letter to the Honorable Don E. Burrell

Opinion letter to Mr. John A. Hailey

Opinion letter to the Honorable Clyde F. Portell

Opinion letter to Mr. Sidney B. McClanahan

Opinion letter to the Honorable John M. Dalton

Articles of Incorporation of National Security Life Insurance Company.

Opinion letter to the Honorable Stephen E. Strom

In the interpretation of the meaning of “gross income” as used in Section 143.170, the term should be limited to “income” as defined in Section 143.100.

An individual who sets a fire on his own land, which spreads to the land of another, may be prosecuted for a misdemeanor under Section 560.585, 1959, only if he knowingly and negligently permitted said fire to burn uncontrolled on his own land and allowed it to spread to the land of another.