Missouri AG Opinions — 1962

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.

Juvenile court cannot commit boy over 17 to State Training School even if child is under jurisdiction of court. Juvenile court may exercise jurisdiction over child for violation of law when child has been paroled by State Board of Training Schools. After filing a petition for termination of parental rights, parents must be notified of right to counsel, and counsel appointed if parents cannot employ same. Parents in federal prisons outside Missouri summoned by mail or personal service as provided in Sec. 506.160.

City collectors are not entitled to a commission for any alleged “collection” of gas tax since the State of Missouri collects the tax and has been compensated for such collection.

1. A final declaration that a statute is unconstitutional renders the statute void from the date of its enactment.; 2. The result of the decision declaring Section 48.030-2 unconstitutional is that all counties which except for the subdivision would have become third class counties on Jan. 1, 1961, shall be deemed to have become third class counties on that date.; 3. Any change in the salary or fees of county officials of Christian, McDonald and Wright counties resulting from the transition shall become effective in 1961 on the date corresponding to the beginning of the term of such officials. Excess fees retained since the first Monday in March, 1961, may be recovered from the county collectors of these counties.

Opinion letter to the Honorable John A. Honssinger

Opinion letter to the Honorable Eugene S. Heitman

Opinion letter to the Honorable Maurice Schechter

Section 216.355, 1959, provides for the issuance of a certificate evincing the restoration of all the rights of citizenship by the Board of Probation and Parole to persons convicted of a first felony who are finally discharged from parole. Said section does not entitle any person convicted of more than one felony to such a certificate whether the felony for which he was previously convicted was committed within or without the State of Missouri.

Opinion letter to the Honorable A. J. Anderson

Opinion letter to the Honorable Joe H. Miller

Opinion letter to the Honorable Lewis B.

Notice for bond issue in Adair County should be published in a newspaper once during the week of October 21 to October 27, 1962, and once during the week of October 28 to November 3, 1962.

(1) Upon the death, removal or resignation of a guardian of an incompetent it is not necessary to have a second application and a rehearing on the question of competency in order to appoint a successor guardian. (2) Confinement in a state mental hospital does not constitute an adjudication of incompetency which will authorize the appointment of a guardian.

Opinion letter to Mr. George E. Schaaf

1. The question of whether Taney County shall become a county of the third class should not be submitted to a vote of the people of Taney County at the general election on November 6, 1962.; 2. The effective date of the change in salary for officials of Taney County is the first day of the year of incumbency of such officials which coincides with or is subsequent to date of the change in status of Taney County from a fourth class to a third class county, and the effective date of this change in status is January 1, 1963.

Opinion letter to the Honorable John F. Hayner

Division of Welfare may reimburse City of St. Louis 50% of expenditures incurred by it in issuance of Food Stamps.

Opinion letter to the Honorable Paul L. Bell

Within described certificate of membership offered by American Health & Welfare Association is a contract of insurance, and offering the same to the public without complying with the insurance laws of Missouri constitutes a violation of Sections 375.300 and 375.310 1959.

Opinion letter to Mr. Lawrence A. Schneider

Opinion letter to the Honorable Stephen E. Strom

Opinion letter to the Honorable Warren E. Hearnes

The board of directors of a fire protection district in a county of the first class has the power to provide for the pensioning of the salaried members of its organized fire department of the district if such authority is approved as provided for in Section 321.220 (15), . 1961, H.B. No. 12, Section 1, General Assembly, and that by reason of Section 321.240, 1959, the rate of tax levy for such district’s operation costs to include “a pension and retirement plan” “shall not exceed thirty cents on the one hundred dollars valuation.”