Missouri Attorney General Opinions

$15,068.04 general revenue funds of Ray County for 1956 paid for construction of sewer line of Ray County Memorial Hospital by county court order, not a loan, but an appropriation made for improvement and maintenance of public hospital within meaning of Section 205.230, RSMo 1959. Hospital is unauthorized to repay appropriation to Ray County.

The bond of the county collector of second class counties shall be fixed as provided in Subsection 1 of Section 52.020, RSMo 1959, within the limits provided in Section 52.380.

Opinion letter to the Honorable R. B. Mackey

Opinion letter to the Honorable Edgar J. Keating

It is the opinion of this office that in a case wherein the Secretary of State determines that the requested name of a Not For Profit Corporation is one so similar to a name previously on file in his office so as to mislead or deceive the general public or persons he may refuse to file such name.

Opinion letter to the Honorable Peter J. J. Rabbitt

Opinion letter to the Honorable Hubert Wheeler

Articles of Incorporation of General Life of Missouri Insurance Company

The emergency clause appended to H.B. No. 83, General Assembly (which is an act to increase truck weight limits and registration fees), is invalid since said act is not “necessary for the immediate preservation of the public peace, health or safety,” as provided in Section 52, Article , Missouri Constitution.

Opinion letter to the Honorable Charles G. Hyler

In cities of the fourth class one individual cannot serve simultaneously as alderman and as collector.

Opinion letter to the Honorable Floyd L. Sperry , Jr.

The words “another community” found in Sections 362.325 and 363.520 RSMo 1959, relating to change in location of an existing bank or trust company, do not refer to definite boundaries of political subdivisions, but refer to a community of people or interests, banking interests or banking facilities, and such fact issue is to be determined by employing procedures outlined in such statutes.

Opinion letter to the Honorable Daniel V. O’ Brien

Opinion letter to the Honorable Paul Boone

School districts may be termed “Municipal Corporations”. Records and contracts required by statute to be kept by school districts are within the scope and effect of Sections 109.180 and 109.190 RSMo. Cum. Sup. 1961, and are open to inspection at all reasonable times. Records required to be maintained by statute are “public records”.

Opinion letter to the Honorable Stephen H. Zielmann

Special school district for handicapped children must provide instructions for every child in school district, either by special school classes or free instruction course. Child may attend classes part-time if superintendent deems child is incapacitated.

Opinion letter to the Honorable Phil Hauck

Persons receiving highest number of votes in election for county health center trustees are elected, whether their names appear on ballot or whether they are written in by voters. If elected person refuses to accept office, person with next greatest number of votes is not elected; rather, a vacancy exists which is filled by appointment.

Opinion letter to Mr. William J. Theurer

Opinion letter to the Honorable William J. Cason

The County Zoning Commission has not authority over areas within an incorporated municipality.

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

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

Public school retirement system contracts with servicers on secure loans and procedures for handling foreclosures on such loans are proper and are approved.

Articles of Incorporation of proposed Old Reliable Fire Insurance Company are legally deficient and may not be certified under Section 379.040, 1959.

Opinion letter to the Honorable Maurice Schechter

Opinion letter to the Honorable Paul E. Williams

Opinion letter to the Honorable Thomas A. Walsh

Opinion letter to the Honorable Scott

Opinion letter to Dr. George A. Ulett

Opinion letter to the Honorable Garner L. Moody

Opinion letter to the Honorable T. D. McNeal

(1) Where imposition of sentence is suspended, state is not liable for costs unless and until defendant is thereafter sentenced to penitentiary.; (2) Costs for which state is liable after final judgment include costs incident to revocation of probation granted when imposition of sentence is suspended.; (3) Liability of state accrues upon final judgment and sentence, even if sentence is imposed more than two years after conviction.

When a testamentary trust is created giving the beneficiary the income for life and the general testamentary power of appointment over the remainder, then the beneficiary is only subject to an inheritance tax valued upon the life estate created. The assessment of tax against the remainder is postponed until the exercise or non-exercise of the power of appointment.

Opinion letter to the Honorable Clyde F. Portell

Opinion letter to J. P. Russell, M.D.

Opinion letter to the Honorable M. E. Morris

1. The qualified voters of Pemiscot County should elect a county superintendent of schools at the annual district school meeting to be held on the first Tuesday in April, 1963.; 2. The State of Missouri will contribute its share of the salary to which the duly elected and qualified county superintendent of schools of Pemiscot County is entitled to statute.

Opinion letter to Mr. Bernard W. Gorman

Opinion letter to the Honorable Charles D. Trigg

1. Official war ballots mailed prior to naming of nominee for county office by county political committee valid notwithstanding that no name placed on ballot for such office.; 2. §112.030 prescribes written application for absentee ballot but absentee ballot procured by oral application not invalid.; 3. §112.080, relating to challenging of absentee ballots, not modified by the adoption of §114.220, the local option county registration law.

Opinion letter to the Honorable Harold L. Miller

Opinion letter to Mr. Francis M. Linek

City Councils of third class cities may delegate authority to their street committees to determine which streets are to be repaired with gas tax funds. Substantial public improvements can only be made through the enactment of city ordinances.