Missouri Attorney General Opinions

Person elected to nonpartisan Circuit Judicial Commission residing within such district at the time of election who later removes his residence to a place not within such district is not qualified to continue as a member of such Circuit Judicial Commission.

Opinion letter to the Honorable Hugh J. White

Articles of Incorporation of First Equity Life Insurance Company of Missouri.

A proposition to levy an additional road tax in accordance with Section 137.565, RSMo 1959, may be held in a general road district on the same day and in connection with a general election.

A City-County library board is authorized to construct a library building and employ architects provided Article VI, Section 26(a), of the Missouri Constitution is not violated, which prohibits incurring indebtedness in any year/exceeding the income and revenue for that year plus unencumbered balances from previous years.

Opinion letter to the Honorable Charles G. Hyler

Section 442.580, RSMo 1959, does not prohibit a foreign government from acquiring, holding, or owning real estate in the State of Missouri.

Opinion letter to Mr. Harold Owens

The property of public utilities enumerated in Chapters 151, 153, and 155, RSMo, is subject to 1964 taxation by the Junior College District of Metropolitan Kansas City to the same extent as other property in the district. The State Tax Commission has the duty of apportioning the valuation of such utilities to the junior college district for 1964 taxation and is authorized to obtain the necessary information for such purpose.

1. County court is not required to but may furnish an outgoing public administrator with an office. 2. County court has no obligation to pay the bond premium of incumbent or outgoing public administrator.

The preceding twelve month period for which payments to a county assessor in a third class county not having township organization under Section 53.143, RSMo Cum. Supp., 1963, is based is the preceding twelve-month period beginning September first and ending August thirty- first. The county treasurer should issue the warrants for such payments although the county clerk shall perform all duties relating to the social security contributions in respect to those payments.

Opinion letter to the Honorable Virgil Conkling

Opinion letter to the Honorable William G. McCaffree

A dolly used to tow disabled automobiles to and from a salvage yard is not a trailer as defined in Section 301.010 (27) (28) and is not required to be registered and licensed by the state.

Opinion letter to the Honorable Daniel V. O’ Brien

The Division of Finance may in its discretion properly advise the FDIC not to pay certain claims of corporate depositors asserted against the FDIC when an officer or debtor of a bank in liquidation has a financial interest in such corporate depositor.

Acceptance of regular life insurance law by United Mutual Insurance Company, an assessment plan company.

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.