Missouri Attorney General Opinions

Substantial changes in plan for reclamation must be effected by the procedures set out in Section 242.310, RSMo 1959.

Opinion letter to the Honorable Marvin L. Dinger

Opinion letter to the Honorable Edwin W. Mills

Opinion letter to Mr. Paul C. Martin

As it relates to the Coroner of Jackson County, Sec. 58.260 spells out the scope of the coroner’s authority in violence or casualty cases, excepting homicide and abortion cases. Sec. 58.451 spells out the somewhat broader scope of authority of the Coroner of Jackson County in homicide and abortion cases.; Sec. 58.240 does not apply to the City of Kansas City. Temporary custody of property at the scene or on the body is to be taken by the sheriff or police, except in the limited case in which the coroner calls an inquest, in which event the coroner takes custody only of the property found on the body.

Opinion letter to the Honorable R. G. Mackey

Articles of Incorporation of Progressive Security Life Insurance Company.

Opinion letter to the Honorable Larry M. Woods

Taxes levied by constitutional charter cities on locally assessed real and personal property of airline companies are to be entered in the city tax books and collected by the city collectors.

Any ordinance defined as an emergency ordinance under Section 18 of the St. Louis County Charter can only be validly enacted by five (5) affirmative votes of the County Council.

Mileage traveled by county court judges from their homes to a place of assembly to tour the county on a road inspection in one automobile is “necessary” travel on “official business” within the meaning of Section 49.120, and the judges are entitled to the reimbursement therefor.

(1) Effective date of new Sunday Closing law is Oct. 13, 1963 and there exists no reason why it should not be enforced as of that date.; (2) In addition to criminal sanctions imposed by the law, a prosecuting attorney has the authority to seek a civil injunction to enjoin illegal Sunday selling as a public and common nuisance.; (3) A private party may sue to abate such nuisance if he has suffered some peculiar or special injury not common to the general public.

Opinion letter to the Board of Public Buildings

In those counties which have a county health center, the county court should appoint the director of the public health center as the county health officer.

Opinion letter to the Honorable Don F. Whitcraft

Where a magistrate whose office is created by order of the circuit court appoints a deputy clerk or other employee and fixes the salary within statutory limits, county court must pay such salary and may not reduce it.

Opinion letter to the Honorable Thomas A. Walsh

Opinion letter to the Honorable R. B. Mackey

At no time during the term of office of the county collectors within the classification of Subdivision (14), Section 52.260, which collectors took office in March, 1959, for a four year term, were such collectors obliged to deduct from their commissions expenditures for office space, office equipment or supplies.

Opinion letter to the Honorable R. J. King, Jr.

Opinion letter to the Honorable Michael Kinney

1. The offices of city assessor and city councilman in a third class city are incompatible and one person may not hold both of said offices simultaneously.; 2. The offices of city assessor in a third class city and township clerk, ex officio assessor, in a township organizational county of the third class are not incompatible nor is there any statutory or constitutional prohibition against one person holding both offices and therefore one person may hold both offices simultaneously.

Section 110.130, RSMo 1959, does not require county depositaries to be located within the county seat.

Opinion letter to the Honorable Ronald Belt

Articles of Incorporation of Family Security Life Insurance Company.

Opinion letter to the Honorable James E. Godfrey

Opinion letter to the Honorable Carroll J. Donohue

1. As judge of a court of record, a magistrate may accept; written waiver of criminal extradition, when the accused executes or subscribes waiver in presence of magistrate, as provided by Section 548.260, RSMo 1959. 2. One arrested on governor’s rendition warrant, when taken before magistrate, in accordance with Section 548.101, RSMo 1959, informs magistrate of desire to test legality of his arrest; magistrate shall fix reasonable time for application for habeas corpus. Application in first instance shall be made to circuit judge of county where accused is in custody, as provided by Section 532.030, RSMo 1959. If circuit judge is out of county and statement of unavailability of such judge is in application, such application may then be made to a magistrate of same county, who shall determine if habeas corpus shall or shall not be issued.

Opinion letter to the Honorable A. Basey Vanlandingham

Opinion letter to the Honorable Bill D. Burlison

Sheriff removed from office by quo warranto proceedings not eligible to be candidate for election to fill vacancy caused by such ouster.

Opinion letter to the Honorable Don W. Owensby

It is permissible for regular faculty members to teach academic courses about religion as a part of the curriculum of a state supported college.

A village is subject to constitutional limitations and to specific statutory limitations on its power and authority to levy taxes.

1. Magistrate courts of this state have the power to appoint counsel to represent indigent defendants accused of misdemeanors.; 2. Counsel must be appointed in all misdemeanor cases of more than minor significance and in all cases where prejudice might result.; 3. No plea of guilty to a misdemeanor charge may be taken in the absence of counsel unless the accused has intelligently waived his right to be represented by counsel.

1. Under Section 541.210 an information or indictment in a misdemeanor must be filed within one year after the commission of the offense but service of the warrant on the defendant within one year is not required. 2. Under Section 541.220, RSMo 1959, the one year statute of limitations imposed by Section 541.210, RSMo 1959, is tolled during the period that the defendant has left the state or concealed himself within the state in order to avoid prosecution.

Opinion letter to State Tax Commission of Missouri

Opinion letter to the Honorable Charles B. Faulkner

County planning commission not authorized to issue building permits. Such permits must be issued by enforcement officer appointed by county court after county court adopts zoning order.

Opinion letter to the Honorable Milton Carpenter

Under Section 302.302.(7), RSMo Cum. . 1961, 12 points may be assessed only in those cases where an individual has been convicted of driving under influence of intoxicating liquors in violation of Sections 564.420, 564.430 and 564.440, RSMo 1959.

Opinion letter to the Honorable Herman G. Kill

Opinion letter to the Honorable Wendell D. Rosenbaugh

County Court required to provide office space and supplies to County Surveyor; however, County Court determines adequacy of office and supplies provided.

1. Division of Welfare may grant A.D.C. benefits when parent is paroled with provision that he support his children.; 2. The records of the St. Louis Court of Criminal Corrections concerning paroles are public records and open to public inspection.

Opinion letter to the Honorable Frank Conley

Mr. Orville C. Winchell

A county is authorized to issue bonds and purchase and nursing home owned and operated by townships within the county. The county may issue bonds for the construction and equipment of additions to the nursing home. The townships have authority to sell the nursing home. The townships are obligated to pay the bonds issued by the townships for the original purchase and construction of the nursing home.

Articles of Incorporation of Mark Twain Life Insurance Company

Articles of Incorporation of Insurance Company