Missouri Attorney General Opinions

1. Division of Mental Diseases authorized to transfer patient from State Hospital to the Veterans Administration when authorized by Director of Division of Mental Diseases and to pay expenses incurred in making transfer.; 2. Employees of Division of Mental Diseases have no authority to return a patient from another state who has escaped from hospital in this state.

Opinion letter to the Honorable Bill Davenport

The Probate Court must keep the original will permanently in its files.

Opinion letter to the Honorable George H. Morgan

Opinion letter to the Honorable Stephen E. Strom

Ballot title for constitutional amendment by initiative petition relating to the so-called Borough Plan uniting the City of St. Louis and St. Louis County to be submitted to the voters on November 6, 1962.

Opinion letter to the Honorable Stewart E. Tatum

Opinion letter to the Honorable Norman H. Anderson

class cities levying 80 cents tax for municipal purposes and 20 cents for park purposes may vote tax levy for recreational purposes. Combined levy for park and recreation not to exceed 20 cents.

Articles of Incorporation of Midwest National Life Insurance Company

Articles of Incorporation of Farm and Home Insurance Company.

1. Resignation from the office of justice of the peace served to create a vacancy in the office.; 2. A person not a lawyer who had neither served as a justice of the peace for four years prior to nor had been serving as a justice of the peace on the adoption of the 1945 Constitution, cannot qualify to serve in the office of magistrate.

Opinion letter to Mr. George H. Morgan

Opinion letter to the Honorable Don E. Burrell

Opinion letter to Mr. John A. Hailey

Opinion letter to the Honorable Clyde F. Portell

Opinion letter to Mr. Sidney B. McClanahan

Opinion letter to the Honorable John M. Dalton

Articles of Incorporation of National Security Life Insurance Company.

Opinion letter to the Honorable Stephen E. Strom

In the interpretation of the meaning of “gross income” as used in Section 143.170, the term should be limited to “income” as defined in Section 143.100.

An individual who sets a fire on his own land, which spreads to the land of another, may be prosecuted for a misdemeanor under Section 560.585, 1959, only if he knowingly and negligently permitted said fire to burn uncontrolled on his own land and allowed it to spread to the land of another.

Opinion letter to the Honorable Jack L. Clay

Opinion letter to the Honorable Francis Toohey , Jr.

A. The refusal of a resident of Missouri to submit to an intoxication test does not constitute a ground for revocation of his driver’s license in this state.; B. The driver’s license of a resident of Missouri cannot be revoked if he is acquitted in another state of an offense committed in another state.

State is liable for costs in capital cases and those in which imprisonment in penitentiary is sole punishment, if the defendant is acquitted, even though the defendant is acquitted on the sole ground of insanity.

Macon Country Club property is not within exemption clauses of Sec. 137.100 1959 exempting real and personal property from taxation for state, county or local purposes.

The recorder in third class counties is required and permitted to furnish only one free copy of a veteran’s discharge on his request to be paid for by the County Court, if such discharge has been recorded, and the recorder is permitted to retain the one 50¢ fee for each discharge so furnished.

Opinion letter to the Honorable Shandy A. Stewart

The disorderly condition and the drunken or intoxicated condition of a defendant must both be plead and proven for a prosecution and conviction under Section 562.260, 1961, Cumulative Supplement.

Opinion letter to the Honorable E. J. Cantrell

Opinion letter to the Honorable Edgar J. Keating

Section 494.160, 1959, governs the taxing of jurors’ fees in civil cases in St. Louis County. Section 497.185 has no application whatever to St. Louis County.

Third and fourth class counties, comprising one or more judicial circuits and served by juvenile officials appointed by the Circuit Court, must pay office expenses of said juvenile officials, which are approved by the Circuit Court, by prorating said expenses among the counties served upon a ratio determined by population of the respective counties.

Opinion letter to the Honorable Ray G. Cowan

Opinion letter to the Honorable Charles A. Powell , Jr.

Opinion letter to the Honorable George H. Pace

Opinion letter to Charles B. James

Opinion letter to the Honorable Lewis B.

Cemetery Endowed Care Fund Law (Sec. 214.270-214.410, 1961 .) applies to a religious organization operating a cemetery and which makes occasional sales to persons who are neither members of the organization nor in the immediate families of such members. The fact that the purchasers may be of the same religious faith as the members is wholly irrelevant, inasmuch as the statute contains no such exception.

Refund or withdrawal of accumulated contributions in teachers’ Retirement System are not included in the term “monetary benefits” as used in paragraph 9 of Section 169.070, , Cum. . 1961.

Articles of Incorporation of Central Allied Life Insurance Company.

(1) School boards may make rules and regulations requiring compulsory vaccination only where there is a threat of epidemic or an actual epidemic. (2) School boards may make rules and regulations requiring tuberculosis and general physical tests by a physician to determine existence of contagious or infectious diseases. (3) School boards may not require a dental examination by a dentist as a prerequisite to attendance in school, because a dentist is not a physician. (4) A school board may require a child in secondary school to take certain health courses as prerequisites to graduation.

Opinion letter to the Honorable David J. Dixon

Opinion letter to the Honorable Stephen E. Strom

Opinion letter to the Honorable Basil V. Jones

No election may be held in the City of Hannibal to name city officials on a partisan basis pursuant to the charter amendment of August 22, 1961, prior to the second Tuesday in April, 1963, the next regular election date.

Opinion letter to the Honorable William J. Esely

A Missouri Corporation under or subject to the General and Business Corporation Law may validly issue a class of non-voting common stock. The issuance of such non-voting common stock is not in violation of Article XI, Section 6 of the Constitution or of any statutory provision.

Opinion letter to the Honorable W. D. Hibler , Jr.