Missouri Attorney General Opinions

Opinion letter to the Honorable Glennon T. Moran

Opinion letter to the Honorable John J. Johnson

A county clerk or county treasurer of a third or fourth class county may act in the capacity of and receive additional compensation from county revenue funds for: (A) Serving as a duly appointed assistant highway engineer, (B) Clerical or stenographic assistant to the county superintendent of schools, (C) Stenographic or clerical assistant to the prosecuting attorney, (D) Bookkeeper and stenographic assistant to the magistrate, (E) Clerical assistant to the highway engineer.; The county court of a third or fourth class county may, pursuant to Section 61.610, create the office of County Highway Engineer and appoint the county clerk to fill that office; however the term “ex- officio highway engineer” would be improper terminology for designating the title of such officer.; County clerks of third and fourth class counties are not entitled to compensation in addition to statutory amounts for the office of county clerk for keeping records and accounts of and preparing forms for county road programs formulated by the county court and financed by the County Aid Road Trust Fund.; A county judge may not serve as extra help in the office of the county highway engineer or perform labor or other service in connection with county roads or bridges.

Legislature at a special session can act on specific matters not suggested by Governor if such specific matters are within subject of Governor’s proclamation.

Articles of Incorporation of Modern Old Line Life Insurance Company.

Opinion letter to the Honorable Charles G. Hyler

Disinfectants and antiseptics for use on the body of living animals for medicinal purposes are not economic poisons.

Opinion letter to the Honorable John L. Woodward

The state collector of revenue has the power to classify as commercial motor vehicles, “campers” which are regularly used to haul freight, merchandise , or more than eight passengers, as well as motor vehicles that were intended and contemplated by the manufacturer to regularly carry freight, merchandise or more than eight passengers.

Under Senate Bill 91 (Section 51.300 V.A.M.S.) the change of salaries of County Clerks in third class counties is effective January 1, 1967.

1.) A member of a teachers’ retirement system of this State who meets the requirements for retirement contained in the statutes particularly applicable to that system, i.e., as though Section 169.570(1), RSMo 1959, had never been enacted, is eligible to receive a retirement allowance from that system although employed in a position covered by one of the other systems; 2.) Conversely, a member of a teachers’ retirement system of this State who cannot qualify for retirement without reliance upon the additional rights granted by Section 169.570(1) is not eligible for a retirement allowance under the earlier system under which he was employed until, and only if, he becomes eligible for service retirement under the system in which he is last employed (except those having previously retired on disability become eligible upon reaching retirement age.)

Legislature at a special session can act only upon subject within scope of Governor’s proclamation.

A recorder of deeds is not authorized to refuse to record a “plat” or survey of real estate on the grounds that the signature of the registered land surveyor who has prepared the document has not been acknowledged.

Opinion letter to the Honorable Thomas A. David

Opinion letter to Senator Raymond Hopfinger

Publication of financial report, Section 165.111, must be in a newspaper meeting requirements of Section 493.050.

Opinion letter to Mr. Glennon T. Moran

Opinion letter to the Honorable Philip G.

Opinion letter to the Honorable Don E. Burrell

School boards have the authority to employ personnel for the purpose of providing for the safety and discipline of pupils while on streets proximate to the school premises during times proximate to school activities.

Opinion letter to the Honorable Earl A. Bollinger

County Clerk to certify copies of the Notary Public’s appointment under Senate Bill No. 259

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.