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16 Pt. 2 Missouri Attorney General Reports and Opinions 1 (1959)

handle is hein.sag/sagmo0065 and id is 1 raw text is: JOHN M. DALTON
DigestAttorney General. of Missouri
of 'ci Box 899                                           :
OfficialI
Opinions.,                    Jefferson City
Note: Copies bf opinions will be furnished upon request. Please order by giving number
of the opinion, the name of the official who requested it, and the date of issuance.
VOL. XVI     No. 15 August 7, 1959
ANSURANCE:                                                  Eugene S. Heitman
BURIAL INSURANCE:                                           Marble Hill, Mo.
No. 38-59 (O'Malley)                                        7/17/59
Service Certificate of Shetley Funeral Home providing for burial benefits is a
contract of insurance and offering the same to the public without meeting the
license requirements of Missouri's insurance code4 violates Secs. 375.300 and
375.310, RSMo. 1949.
OFFICERS:                                                   James G. Trimble
POLITICAL PARTIES:                                          Kearney, Mo.
No. 90-59 (Buxton)                                          7/22/59
An individual's political affiliation is determined by his actual manifestations or
professions of loyalty to a political party, not merely his professed loyalty to one
party. Where a bi-partisan board contains an excess of members from any one party,
its acts are not invalid; third parties and the general public are protected.
Where there is an excess of members from any one party on a bi-partisan board,
contrary to law, the defectively appointed member may be removed in a direct pro-
ceeding challenging his title to the office.
PROSECUTING ATTORNEYS:                                      Patrick 0. Freeman, Jr.
MENTAL HOSPITALS:                                           Thayer, Mo.
No. 31-59 (O'Malley)                                        7/23/59
In proceedings contemplated by Chapter 202, RSMo. 1949, no specific duties are
placed upon prosecuting attorneys to prepare initial papers seeking commitment of
persons to state hospitals, except under Sec. 202.710 RSMo. 1949, providing for
initiating of criminal sexual psychopath hearings. In other cases, the prosecuting
attorney's interest must stem from the interest of the county and the state and
their services must be reserved to protect such interests.
SCHOOLS: TAXATION:                                          Don Chapman, Jr.
TOWNSHIP COLLECTORS: CITY COLLECTORS:                       Chillicothe, Mo.
No. 16-59 (Hamilton)                                        7/27/59
(1) In township organization counties, the township collector for each township in
which a reorganized district lies shall collect all taxes for the reorganized school
district. (2) There is no provision in the law authorizing or permitting a city
treasurer or other city official within a reorganized school district to collect
taxes for the district.

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