Missouri Attorney General Opinions

Limitation on the amount a clerk of a third class county may pay for deputy hire in Section 51.450 RSMo does not apply to limit the amount he may pay a deputy registration clerk appointed under Section 116.030 RSMo. Such deputy registration clerk may be assigned duties in the nature of those ordinarily performed by a deputy clerk.

Opinion letter to Mr. Robert C. Simonds

Opinion letter to the Honorable J. R. Fritz

Opinion letter to H. M. Hardwicke , M.D.

Opinion letter to Mr. E. H. Berry

Opinion letter to Mr. John E. Kelley

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

Opinion letter to the Honorable Brunson Hollingsworth

Planning Commission may not employ legal counsel. The prosecuting attorney must act for Planning Commission.

Opinion letter to the Honorable Lawrence F. Gepford

Opinion letter to the Honorable Robert P.C. Wilson,

It is the duty of the prosecuting attorney to advise the county court and the Board of Trustees of a county hospital concerning all legal matters involving the hospital. It is the duty of the prosecuting attorney to collect delinquent bills owed such hospital. The county court may authorize the prosecuting attorney to employ associate counsel if suits are instituted for the collection of such accounts outside the county in which the hospital is located or outside the State of Missouri.

Opinion letter to the Honorable Don F. Whitcraft

Opinion letter to Mr. James T. Riley

A municipality which owns a manufacturing or industrial facility developed under Section 71.790 to 71.850, RSMo 1963 Cum. Supp., may not require a tenant thereof, as part of the leasing agreement, to pay monies in lieu of taxes to another taxing body.

Opinion letter to the Honorable Frank Conley

Opinion letter to the Honorable William G. McCaffree

Opinion letter to the Honorable Douglas Mahnkey

An inmate of the Missouri State Penitentiary assigned for work in the license plate manufacturing division who sustains an injury as a result of an accident, arising out and in the course of said employment, is not an employee of the Department of Corrections, and, therefore, not entitled to benefits of the Workmen’s Compensation Act.

Opinion letter to Mr. Leon F. Burton

Opinion letter to the Honorable Robert E. Yocom

Opinion letter to the Honorable William G. Johnson

The so-called “Pre-Need Arrangement For Memorial Services” is not a pre-need burial plan within the meaning of Section 333.035-1(12)(d), RSMo 1959, but is only a discount certificate. Licensed embalmers who directly or indirectly enter into Articles of Agreement for the sale of such plans are guilty of unprofessional conduct as defined in Section 333.035-1(12)(d). However, neither subparagraphs (c) nor (d) of this section prohibit embalmers from entering into contracts providing for the sale of genuine pre-need burial plans.

The sale of Aldrain granules which are planted with corn seed is not exempt from the Missouri sales tax.

Opinion letter to the Honorable Charles H. Baker

Articles of Incorporation of Covenant Security Insurance Company.

County may issue bonds for acquiring an airport and for erecting buildings thereon and for equipping said airport for the purpose for which it was constructed.

Opinion letter to the Honorable Haskell Holman

Any question of doubt concerning the identity of a voter who signs the comparative signature card under Section 118.475, RSMo Cum. Supp. 1963, must be decided against the voter by a majority of all judges of election in the precinct before he may be denied the right to vote by reason thereof. A voter who is denied the right to vote on such ground is entitled to vote upon complying with the procedure set out in Section 118.490, RSMo. A voter who willfully refuses to sign the comparative signature card is not entitled to vote.

Opinion letter to the Honorable Bill D. Burlison

Opinion letter to the Honorable Gerald Kiser

Opinion letter to the Honorable Norman J. Williams

Articles of Incorporation of Capitol Mutual Casualty Insurance Company.

Capitol Business College is not “an accredited university, college or conservatory” within the meaning of Section 431.067, RSMo Cum. Supp. 1963; hence, a minor cannot execute a legally binding note or notes for his education at that institution.

Person charged with felony may be bound over after preliminary examination for appearance at some specific time sooner than the day of the next term of circuit court. A criminal case may be tried at the discretion of the court having jurisdiction if the defendant is given a reasonable time to prepare his case.

County court cannot incorporate unincorporated area upon petition as third class city with city manager form of government. Upon petition for incorporation as third class city with city manager form of government county court may incorporate as regular third class city.

Opinion letter to the Honorable James I. Spainhower

Opinion letter to the Honorable Ralph H. Duggins

Opinion letter to the Honorable Daniel V. O’ Brien

Section 51.150, RSMo Supp. 1963, requires the county clerk to file a certified list of all salaries and nonaccountable fees received by each elected county official by virtue of his office. County Clerks are not required to include service fees received for distributing hunting, fishing, trapping and replacement permits in this list as a county clerk does not receive these fees by virtue of his office.

The State Board of Cosmetology may issue reasonable regulations: (1) prescribing the course of study in a licensed school; (2) prescribing the minimum floor space for obtaining and keeping a school license; (3) requiring advertising by schools to be nondeceptive so that work done by students must be advertised as such; (4) prescribing a reasonable examination for applicants for school licenses; (5) prohibiting the use of brush curlers in licensed schools and shops if it is impracticable to keep them sanitary or making reasonable sanitary requirements.; The State Board of Cosmetology has not been authorized by statute to make regulations: (6) prohibiting a licensed school owner from having a licensed shop; (7) requiring a shop owner who teaches an apprentice to be a licensed instructor.

The supervisors of a circuit court levee district have authority under Section 245.175 to levy an additional tax for organizational purposes if the total levies do not exceed one dollar per acre.

Articles of Incorporation of the proposed Covenant Security Insurance Company are legally insufficient, and require amendment before certification under Section 379.040, RSMo 1959.

Opinion letter to the Honorable Warren E. Hearns

Opinion letter to the Honorable Francis Toohey , Jr.

Opinion letter to the Honorable Ronald M. Belt

Opinion letter to the Honorable Maurice Schechter

Opinion letter to R. A Michael, D. O.

Opinion letter to Mr. Proctor N. Carter

A defendant may not properly be charged and convicted at the same trial of two distinct felonies (except as authorized by statute) unless he waives this procedure by not objecting during trial or after trial.