Missouri AG Opinions — 1964

Opinion letter to Dr. Earl Dawson

Opinion letter to the Honorable Rolin T. Boulware

Retirement is compulsory for all employees of the State Board of Barber Examiners at the age of 65 years, except that (1) any employee, upon written request, with the written approval of the President of said barber board filed with the Retirement Board in advance of the retirement date, may be retained for successive periods of one year until age 70; and except that (2) any person with professional, scientific or technical skills who is so certified to the trustees of the retirement system by his department head and such certification approved by the Retirement Board, shall not be precluded employment or continued employment at any age. The Governor may appoint any person to the State Board of Barber Examiners who meets the requirements of Section 328.030, RSMo, regardless of age.

Articles of Incorporation of Scott City Bank and Trust Company.

Opinion letter to the Honorable Lawrence A. Schneider

Articles of Incorporation of United Mutual Insurance Company.

Opinion letter to Mr. Harold Owens

Write-in votes must be counted and totaled without regard to the party ticket the voter chances to use.

(1) County engineer of a third class county is not authorized to purchase material and incur expenses on behalf of county in absence of order of record by county court; (2) New county highway engineer has no authority to approve unauthorized expenditures incurred by former county highway engineer and the county court may not ratify and pay such bills; (3) Presiding judge of the county court is not required to sign warrants for expenses incurred by unauthorized county officer; (4) County warrant not signed by presiding judge of county court cannot be lawfully issued; (5) Without order of record, county clerk may not issue and presiding judge is not authorized to sign county warrant.

County Clerk cannot require application for absentee ballot to be sworn to.

Appointed probate judge serves until the next general election at which a successor is elected.

Articles of Incorporation of the Modern Assurance Life Insurance Company

Articles of Incorporation of the Executive Security Life Insurance Company

Articles of Incorporation of Family Benefit Life Insurance Company

Sheriffs’ bills submitted to the county clerk for board of prisoners must be based on actual cost in accordance with the mandate of Section 221.090 (1).

Opinion letter to the Honorable J. Levvis

No person other than a grand jury, prosecutor or Attorney General may obtain information from the Director of Revenue concerning income tax returns, including disclosure of whether or not a return has been filed.

Opinion letter to Mr. Ralph H. Duggins

Director of Revenue cannot promulgate rule allowing depreciation in amount greater than original cost price of item.

Persons who are receiving old age assistance or welfare or general relief payments from the state or county are entitled to vote unless they are actually residing in the county infirmary.

(1) Board of Curators of Lincoln University may confer honorary degrees and titles by a majority vote of the quorum. (2) Board of Curators may take-valid action relating to the payment of bills and other such matters if a majority of a quorum affirmatively vote for such action. (3) The Board of Curators may delegate to an executive board authority to ascertain facts and to make recommendations to the full board.

Articles of Incorporation of the Life and Health Insurance Company of St. Louis.

Opinion letter to Mr. Leon F. Burton

Third Class counties without voting machines are not required to print and distribute sample ballots in General Elections.

Opinion letter to the Honorable Earl R. Blackwell

The Missouri Bar is an instrumentality of the state as defined in Section 105.300 (7) RSMo. It is a juristic entity, legally separate and distinct from the state, whose employees are not state employees.

Opinion letter to the Honorable Charles G. Hyler

1. A magistrate judge may not remit a portion of a fine or a sentence of imprisonment previously imposed nor may he set aside a judgment of conviction previously imposed.; 2. Magistrate courts may grant a stay of execution for a period of not more than six months at the expiration of which the defendant must comply with the sentence. A bond is required during the period that execution is stayed.; 3. The magistrate court may grant a stay of execution for purposes of appeal for so long as is necessary until the judgment becomes final. A bond is also necessary under these circumstances.; 4. All magistrate courts and the St. Louis Court of Criminal Correction do have the power to suspend either the imposition or the execution of sentence following a conviction of a misdemeanor. In so doing, the judge may place the defendant on probation.; 5. Magistrate courts and the St. Louis Court of Criminal Correction are empowered to grant paroles to persons who are imprisoned pursuant to a conviction in said courts and prior to the expiration of the term of the sentence.

Chiropodists prohibited from treating systemic diseases including “nerves” even though such diseases affect patient’s foot.

Restrictions imposed by city ordinance provide no basis for the Missouri Board of Pharmacy to refuse to license a pharmacy which is otherwise qualified for license.

Neither a county, an officer thereof nor a school district has a right to appeal to the State Tax Commission from a decision of a county board of equalization, determining the assessed valuation of an individual property.

Chapter 120, RSMo 1959, authorizes candidacy through the usual primary election process or by nominating petitions.

Purchase of real estate for addition to courthouse by second class county may be made out of emergency fund created under Section 50.540, RSMo. Purchase price may be paid over period of years if obligation at time it is incurred does not exceed annual revenue plus unencumbered balances from previous years.

Opinion letter to Major General A. D. Sheppard

It is incompatible for the same person to hold the office of county highway engineer of a county of the third class and to also be employed as a laborer by the same county road system.

State Chartered Banks have no authority to purchase stock in an Industrial Development Corporation.

Opinion letter to the Honorable James E. Conway

Opinion letter to the Honorable Daniel V. O’ Brien

1. Where all members of the county board of education (Section 165.657 et seq., RSMo) have actual knowledge of the time, place, and purpose of a meeting reasonably in advance, failure to mail written notice as prescribed by Section 165.663, RSMo 1959, does not invalidate the meeting. 2. If no notice (either that prescribed by Section 165.663 or any other) is given of a meeting of a county board of education and all of the members do not attend and the absent members could have attended if notified, then the meeting and any transactions thereat which require board action are invalid.

Opinion letter to Mr. Charles E. Cates

In counties governed by Chapter 114, local option registration law, county clerk should furnish registration forms to persons who cannot register in person because of illness, disability or absence from county only upon written application of such person, stating the facts relative to illness, disability or absence.

In all elections for the Board of Directors, voting shareholders are entitled to vote cumulatively for all directors to be elected and the Articles of Incorporation (or amendments), may not limit such voters to the election of only a certain number of directors.

Opinion letter to Dr. H. M. Hardwicke

Executors named in will may as natural persons become incorporators of a corporation to carry on the business of decedent by order of the Probate Court under Section 473.300.

Opinion letter to the Honorable Thomas D. Graham

County hospital, established under Section 205.350, can be operated only by county court, not by board of trustees or nonprofit corporation.

A proposition as to whether planning and zoning shall be continued or discontinued in third class county of Phelps , cannot be submitted to voters at next general election.

Opinion letter to the Honorable Gladys B. Stewart

Opinion letter to the Honorable Vernon C. Mayfield

Opinion letter to the Honorable Leon F. Burton