Missouri Attorney General Opinions

Opinion letter to the Honorable Robert Hoelscher

Opinion letter to the Honorable Allen S. Parish

(1) Soil and water districts, so long as they are acting within their powers granted them by state statute may be eligible to receive funds from Public Law 88-578 where federal requirements are met; (2) however, an appropriation would be needed to transmit these funds from the State to local government units; and (3) the designation of the Inter-Agency Council for Outdoor Recreation as the state agency in Missouri would be in conformity to Public Law 88-578.

Opinion letter to Dr. George A. Ulett

Opinion letter to the Honorable John E. Downs

Opinion letter to Mr. Thomas C. Gilstrap

Opinion letter to the Honorable Cloy E. Whitney

Special Road and Bridge Fund of Jackson County cannot be used to pay salary of an Assistance County Counselor of Jackson County.

Opinion letter to the Honorable James. T. Riley

(1) Local school district that desires to operate a school of cosmetology must apply for registration and pay annual fee of $125.00.; (2) Students of such schools must be registered and pay the student license fee.

Opinion letter to Mr. Clifford L. Summers

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Paul M. Berra

Opinion letter to Mr. V. H. Simon

Opinion letter to the Honorable William D. Kimme

Use of brush rollers brought into a cosmetology shop or school by a patrol to be used solely and exclusively upon the head of such patron is not prohibited.

Opinion letter to the Honorable James L. Paul

Secretary of State may affix his printed facsimile signature to documents required to be attested to or issued by his office, if it is followed by the handwritten signature of Deputy Secretary of State as designated by the Secretary of State.

Credit may not be allowed and refund cannot be made to Credit Unions and Savings and Loan Associations for overpayment of taxes paid under Chapter 148. Refunds can be claimed by individual members of such institutions.

The enforcement of a suspension or revocation of a person’s driving privilege made by the Director of Revenue under Chapter 302, RSMo 1963 Cum. Supp. is not automatically stayed by an appeal thereof. However, if the reviewing court grants a stay of the Director’s order, the enforcement thereof is stayed during the appeal and resumes when a final decision is rendered, if the court, after review, upholds the action of the Director of Revenue.

Opinion letter to Major John W. Howland

Opinion letter to the Honorable E. J. Cantrell

Advances or loans to a Surplus As Regards Policyholders of a mutual insurance company should be paid before any part of said surplus is distributed to the policyholders as owners of the mutual company.

Opinion letter to George A. Ulett , M.D.

A newspaper subscription contest in which contestant is awarded points for subscriptions sold does not constitute a lottery in violation of Section 563.430 because the element of chance is absent.

1. The capacities of county superintendent and public teacher are incompatible.; 2. If a county superintendent accepts employment as a public school teacher he ipso facto vacates his office as county superintendent.; 3. If the office of county superintendent is vacated by acceptance of a second incompatible position, the county superintendent’s right to compensation ceases and also the county court does not have authority to employ clerical assistance for the county superintendent’s office.

The property of the Bi-State Development Agency, used for the well-being, welfare and convenience of the Bi-State Metropolitan Development District, is exempt from taxation.

Articles of Incorporation of Kennedy National Life Insurance Company.

As regards to the University of Missouri and its branches, Lincoln University and the five state colleges, that: 1. Under the Constitution and Statutes of Missouri a graduate of an accredited high school does not have an absolute legal right to be admitted. 2. The governing boards of these institutions have the authority to set by rules and regulations admission requirements which are reasonable and not arbitrary. 3. The provisions of neither Article IX, Section 1(a), Missouri Constitution of 1945, nor Section 160.090(2), RSMo 1959, prevent the governing boards of these institutions from adopting reasonable and nonarbitrary admission requirements.

The office of county auditor is created and vacant on January 1, 1965, in St. Charles County. The Governor may fill the said vacancy.

Opinion letter to Mr. George G. Hatsell

Opinion letter to the Honorable Charles H. Baker

Opinion letter to Mr. O. E. Pettijohn

Opinion letter to the Honorable F. M. Brady

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

The mere zoning of land as “Small Farm” by the City of Fenton would not preclude (1) the City or County of St. Louis, (2) the City and County acting jointly, or (3) the Bi-State Development Agency from condemning such land for airport purposes.

Opinion letter to the Honorable Brunson Hollingsworth

Person may hold office of public administrator and be a member of the county school board at the same time.

Opinion letter to the Honorable Robert E. Yocom

Opinion letter to the Honorable Peter J. Grewach

Proposed legislation relating to the establishment of the Missouri State Council on the Arts and defining the council’s powers and duties does not violate the provisions of the Constitution of Missouri prohibiting the granting, giving or lending of public money, property or credit to private persons, associations or corporations.

Opinion letter to the Honorable Warren E. Hearnes

The County Court of . Genevieve County under Section 110.180, RSMo 1959, may designate an additional bank as a depositary at a time other than at the May term in an odd-numbered year.

Circuit court granting limited driving privilege may amend or modify order at any time. Person operating car contrary to limited driving privilege order subject to criminal charge. Conviction of charge of operating contrary to limited driving order is basis for revocation of order by court granting such order.

A special fund for the eradication of Johnson Grass may be transferred to the general revenue fund, or to such other fund as may be in need of such balance, upon the termination of a county as a Johnson Grass Extermination Area.

County Collector may turn over tax funds collected for hospital districts to the hospital district.

1. When absentee ballots are sent by mail they must be directed to the voter and sent by Certified Mail with return receipt and addressed to the voter at the place where he is actually residing.; 2. Absentee ballots must be voted in the presence of the notary public or other officer and deposited and sealed in the envelope and the notary must place his signature and title on the envelope.

A hamburger or other meat sandwich may be considered a ready-to-eat meal, sold as a unit, and the meat therein sold for consumption elsewhere than on the premises is not required by Section 413.275 to be sold by weight.

A third class city cannot levy a license tax on accountants.

Nursing home districts have authority to prescribe reasonable fees as a prerequisite to admission to nursing homes operated by the nursing home district and the obligation to support indigent poor persons who are residents in the county is still an obligation of the county court or other persons or agencies having a statutory duty of support and such support is not an obligation of the nursing home district.