Missouri AG Opinions, 1965

Opinion letter to the Honorable Don D. Davis

Section 202.807 RSMo 1959, in respect to judicial proceedings for hospitalization of the mentally ill, does not require that the physician be physically present at the hearing. Evidence in affidavit form meets the requirements of the statute if all parties to whom notice is required to be given expressly agree and the Court concurs. Without complete agreement of the parties and the Court, the evidence of the physician must be adduced by deposition or by his oral testimony at the hearing.

Opinion letter to the Honorable Alfred A. Speer

Opinion letter to the Honorable John C. Vaughn

Abandoned river bed lands belonging to a county of this state may be sold at public or private sale and without a survey.

Opinion letter to the Honorable Robert B. Paden

Opinion letter to Mrs. Olean Barton

With respect to the qualifications of public administrator: (1) Article , Section 8, of the Constitution of 1945 requiring that the public administrator be a citizen of the United States, and a resident of this state one year next preceding his election. (2) The provisions of Section 473.117, paragraph 1, RSMo 1959, relative to persons disqualified from administering estates, and Section 475.055, paragraph 2, RSMo 1959, relative to the qualifications of guardians apply to the office of public administrator.

The county court has no authority under Chapter 228, RSMo, to open as a county road a proposed street which is entirely within the boundaries of a fourth class city and is not part of a continuous county road.

House Bill 390, General Assembly (Section 478.013 RSMo.) applies to the Circuit Judge of Cole County and provides that his salary shall be Sixteen-Thousand dollars per annum payable out of the state treasury and if the county court should so order, an additional Three-Thousand dollars per annum to be paid by Cole County.

House Bill No. 294 does not apply to the University of Missouri.

The City of St. Charles has the power under Chapter 89, RSMo 1959, to enact a zoning ordinance providing for an historical area.

Opinion letter to Mr. Eugene P. Walsh

Opinion letter to the Honorable Don E. Burrell

Opinion letter to the Honorable Haskell Holman

Opinion letter to the Honorable Harold L. Fridkin

Opinion letter to the Honorable Paul McGhee

When a person has both a chauffeur’s license as well as an operator’s license and receives the necessary points under the Point System for revocation or suspension of his operating privileges, then both such licenses are revoked or suspended.

General Assembly can reapportion House of Representatives but cannot delegate such authority to commissions. House of Representatives of any size may be created by Constitutional Amendments.

Opinion letter to Mr. William E. Towell

Opinion letter to the Honorable Richard E. Snider

Opinion letter to the Honorable John T. Russell

1. A county superintendent who becomes a lawfully qualified public school teacher vacates his office regardless of the brevity of service as a teacher; 2. A county superintendent who acted as a public school teacher without executing a written contract as required by Sections 163.080 and 432.070, RSMo 1959, did not have a lawful right to the position of teacher. Since legally she never held the position of teacher, there was no dual capacity and the doctrine prohibiting holding of incompatible public positions does not operate to vacate the county superintendent’s office.

Articles of Incorporation of Empire Security Life Insurance Company

Acceptance of regular life insurance law by New Empire Life Insurance Company, a stipulated premium plan company.

A recorder of deeds should accept for filing or recording a chattel mortgage on motor vehicles executed prior to July 1, 1965, when presented for filing or recording after such date if the fees payable for filing or recording such chattel mortgage prior to July 1, 1965, are tendered for such filing or recording.

A recorder of deeds should accept for filing or recording a chattel mortgage on motor vehicles executed prior to July 1, 1965, when presented for filing or recording after such date if the fees payable for filing or recording such chattel mortgage prior to July 1, 1965, are tendered for such filing or recording.

Opinion letter to the Honorable Kenneth R. Babbit

Opinion letter to Mrs. Olean Barton

The City of St. Joseph and the County of Buchanan are authorized to create a Metropolitan Planning and Zoning Commission. Under the contract which has been executed by these two political entities, whereby this Planning agency has been created, the agency is authorized to enter into appropriate contracts with State or Federal agencies without securing prior approval from the City of St. Joseph or the County of Buchanan.

Cooper County, Missouri, is not liable for payment of premiums on surety bond of Collector of Revenue of said County for years 1960 through 1964.

A school board director is prohibited from participating in any contract or transaction in which he has a direct or indirect interest including the ownership of stock in a corporation doing business with the school board.; A school board of directors may deposit funds of the school district in a bank in which the president of the school board has such a small amount of stock that such ownership will not influence his judgment in behalf of the public interest and in which he is neither an officer or a director and where there is no bad faith or fraud.

1. Where more than one petition to call an annexation election is presented to a school board, the board has a duty to order an election upon the first valid petition before the remaining petitions are acted upon; 2. Where an annexation election has been held and an annexation offered, the receiving district must act upon the annexation within a reasonable time. A delay of nine months in acting upon an annexation offer is not unreasonable as a matter of law, but depending on the circumstances of each case, may be considered unreasonable by a court.

A teacher in the public school system of Missouri, who was eligible for state teacher retirement benefits under the Public School Retirement system of Missouri, upon reaching age 70, is also covered by Federal Social Security after reaching age 70 when and if he occupies a position different from any position he occupied prior to age 70 which was covered by such state teacher-retirement system.

Opinion letter to the Honorable James L. Paul

Ballot title for Senate Joint Resolution No. 10

Opinion letter to Mr. Francis O’ Brien

Swine Buying Stations are livestock markets.

Ballot title for House Joint Resolution No. 26

A life insurance company cannot accept the provisions of the General and Business Corporations Act.

Opinion letter to the Honorable Warren E. Hearnes

Articles of Incorporation of the Congressional Life Insurance Company

Ballot title for House Committee Substitute for House Joint Resolutions 5 and 15

Opinion letter to Mr. James L. Paul

Opinion letter to the Honorable John A. Callow

Opinion letter to the Honorable Patrick J. Hickey