Missouri Attorney General Opinions

In any bill containing an emergency clause, the Governor is powerless to veto the emergency clause only.

A prosecuting witness cannot nolle prosequi a criminal case. Same is the exclusive prerogative of the prosecuting attorney.

Opinion letter to the Honorable Gerald Kiser

Opinion letter to the Honorable Warren E. Hearnes

Opinion letter to the Honorable Harold L. Fridkin

Expense of jailkeeper of third and fourth class county for boarding prisoners from another county is limited to actual and necessary costs.; County committing prisoner is not legally liable for damage caused by prisoner to the property of the county where the prisoner is held in jail.

Opinion letter to the Honorable Jasper M. Brancato

(l) An owner or a vehicle registered as a non-farm local commercial motor vehicle is in violation of Section 301.010 (10), RSMo, if it is found at a point beyond the twenty-five miles from the municipality of operation but within twenty-five miles from the municipality of registration; (2) There is no requirement in Section 301.020, RSMo, that in registering a local commercial vehicle, the owner designate the municipality from which to compute the twenty-five mile radius, and; (3) There is no requirement in the statutes that the municipality designated on the side of the vehicle in compliance with Section 301.330, RSMo, be the same as the municipality from which the vehicle is registered.

Opinion letter to the Honorable Bill Crigler

(1) Disapproval by Governor or Auditor of depositary selection is a veto.; (2) Treasurer cannot be compelled by judicial process to select depositaries.; (3) Existing depositaries remain lawful pending further designations.

Opinion letter to the Honorable Harry E. Hatcher

The state is authorized to purchase a blanket bond to cover all examiners of the Office of State Auditor, if such blanket bond covers each examiner individually in the sum of $10,000.00.

Opinion letter to the Honorable Jack Keane

Opinion letter to the Honorable Clifford A. Falzone

Opinion letter to Mr. Leon F. Burton

Opinion letter to Mr. Sargent Shriver

Opinion letter to Dr. H. M. Hardwicke

Opinion letter to the Honorable J. R. Fritz

Opinion letter to the Honorable John B. McMullin

Opinion letter to the Honorable Charles H. Dickey, Jr.

Under Section 165.657, RSMo. Cum. Supp. 1963, an election of county board of education members must be held the first Tuesday in April, 1965, in the Springfield R-12 and all other school districts of Greene County and all districts of counties of the , , and 4 class. The fact that members of the Springfield R-12 Board of Education are elected biennially in even-numbered years does not affect the right of the voters of the Springfield R-12 district to vote annually upon county board members.

Opinion letter to the Honorable Robert D. Scharz

Opinion letter to the State Tax Commission of Missouri

Opinion letter to the Honorable Charles B. Faulkner

Bonds of Metropolitan Sewer District not eligible as security for state deposits in banks.

A County Court is authorized in its discretion to pay the bond premium for the Official Bond of the County Surveyor.

Physicians who accept professional staff appointments in Missouri hospitals and regularly practice medicine and surgery in those hospitals are maintaining an “appointed place to meet patients or receive calls within the limits of this state.” Such physicians are required to have a Missouri license.

Opinion letter to Reuben R. Rhoades , D.D.S.

Interest paid by a bank for courthouse bond sinking fund deposits must accrue to the fund itself and cannot be used as general revenue by the county.

Opinion letter to the Honorable Paul D. , Jr.

Opinion letter to the Honorable Robert D. Scharz

There is no prohibition against a person who is presently township assessor and is also county treasurer ex officio collector-elect, from continuing his duties as township assessor until he assumes the duties as county treasurer ex officio collector. The bonds which must be given by a county treasurer ex officio collector in a county under township organization are the bonds required by Sections 54.070 and 52.020, RSMo Cum. Supp. 1963. A person who resigns as township assessor and then becomes county treasurer ex officio collector, is no longer a qualified member of the county Board of Equalization.

Opinion letter to the Honorable Lloyd J. Baker

Agents, assistants, deputies and inspectors of the Department of Liquor Control may be bonded under a blanket bond in the sum of $5,000.00 for each agent, assistant, deputy and inspector.

Opinion letter to the Honorable Peter J. Grewach

Opinion letter to Major General L. B. Adams

Previous residence in the territory annexed to the City of Macon is equivalent to residence in the City of Macon for the purpose of computing the period of residence required by Section 77.060, RSMo 1959, relating to candidates for councilman.

All fees received by a circuit clerk or a circuit clerk acting as ex officio recorder of deeds for certifying documents under his control by virtue of his office as circuit clerk or recorder of deeds may not be retained but must be paid into the county treasury.

If a district does not maintain any high school or does not maintain high school facilities in which all high school students of the district can be educated, then as to any high school students which cannot be educated in the district’s high school, the district has the duty and authority under Section 161.095, RSMo. Cum. Supp. 1963, to pay their tuition to attend a high school in the same or an adjoining county.

Opinion letter to the Honorable Peter H.

There is no constitutional provision prohibiting the Legislature from paying interest on income tax refund claims which arose during the year 1964 but which remain unpaid because of an insufficient appropriation.

Section 165.300, RSMo Supp. 1963, (after July 1, 1965, renumbered as Section 162.441) does not require approval by the State Board of Education of a school district annexation where the districts adjoin.

Opinion letter to M. D. Overholser , M.D.

Participants in a “Jamboree,” a 20 game pool or billiard contest wherein participants receive prize money obtained from a $10.00 entry fee which is distributed in proportion to the number of games won, are in violation of Section 563.390, RSMo 1959, which forbids playing pool for money.

The phrase “not requiring refrigeration” as used in Section 196.932, RSMo. Cum. Supp. 1963, refers to milk products not requiring refrigeration for public health or sanitation purposes.

Reports of criminal investigations and statements of suspects or defendants in criminal cases in the possession of the prosecuting attorney are not public records and need not be open for public inspection. However, a prosecuting attorney may, in his discretion, permit such inspection as he deems advisable.

Opinion letter to the Honorable Alfred A. Speer

The use, occupancy and operation of dormitories for students not for profit by a state college is a governmental function of that institution and the Board of Regents of the said college is a quasi-public corporation and therefore the proper subject of sovereign immunity to liability in the same degree afforded the State.

Opinion letter to Mr. Larry R. Gale

Opinion letter to the Honorable Lloyd J. Baker