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Public Library
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KANSAS (-It Y MO IMIUIIC I UW AH Y
Nil-Ill II III II
D DOD1 DBDSSBT 5
The
<JtCessages and 'Proclamations
OF THE!
overnors
Of THE
STATE of MISSOURI
COMi'ILJCl) AND EDITKI) Bit
SARAH GUITAR
OIK!
FLOYD C* SHOEMAKER, M,A*» ULD,
or <r*ti STATV
Soourr or
VOLUME XVI
THE STATE HistoftiCAL Soairv or Miiioiiiii
COPYRIGHT 1951 BY
THE STATE HISTORICAL SOCIETY OF MISSOURI
PREFACE
This volume of 'The Messages and Proclamations of the
Governors of the State of Misiotm11 includes the massages and
proclamations of Governor Phil M. Donnelly (19454949),
FLOYD C, SHOEMAKER,
1950,
CONTENTS— VOLUME XVI
GOVERNOR PHIL M. DONNELLY
Page
BIOGRAPHICAL SKETCH, By Frank P. Briygs 8
INAUGURAL ADDRESS. . . d
FIRST BIINNXAL MESSAGE 21
SECOND BlENNUL, MESSAGE 40
Vmo MUSSAGES
To the Housi of Representatives „ #8
To the Senate ...*,.*,.,< 65
To the HOUM of Beprenentativus ...... 78
To the House of Repreftentatives ....... 84
To the HOUBO of Representatives ...... 89
To tht Sunatt ,„..„..,.., tl
To tht Senate .*..*,.*.. 98
To thi Senate ...*....*., 107
To the Senate .......... 108
To the Houi© of R^pruwntativti . 118
To thi Houfttf of H^prft»cntfttiv<i« ...... 118
To the $m&U ,...*....,. 181
To tht Hount of ^pr^s«nUtivt>» 18i
To tht Senate .,.....»..* 186
To tht Stimtt .......... 187
To thi Hou*o of Rtprttiiitatiir^ ...... . 1S8
Veto Recorded with the Secretary of SUte 142
Veto Reeordtd with the S^cr^Ury of Sttte , . . » . 14S
Veto fiecorded with tht Seerttary of Stmtt 149
Veto RmrordfKi with tint S<KrreUry of State . 188
To the Houst of Eepx^ttitattfei .,,,,. 167
Veto Recorded with the Sterttarf of BUtt . 1«0
Veto Recorded with the Skerttar^ of Stalt , , , * 1«8
Veto l^corcbd with the Sbesftary of Statt . . , . . 166
Vtto Rocortbd with tilt Stcrttarf of State 1W
Veto B^orriW with the Beerttary dT State , 170
Veto Reeordbd with the gtorftary of State 171
Vtto Recorded with the S^rttarf of mate , 188
Veto Rt^rded with the teretary of State t . , . 2(K>
To the Senate ..,,,.,,,,, 202
To the B*riftt4 ...,,,. . . * «M
To tilt Stnato , . . .....,,. 9m
To th^ g^iati ....,,. * . . SW
To th« ^Bite ..,.,,,-,,. &08
To the &matt ...,....,. m
Vi CONTENTS
VETO MESSAGES — (Continued,) Page
To the Senate ........... 211
To the .Senate .......... 212
To the Senate ........... 214
To the iSenate .......... 217
To the Senate ...... - 218
To the House of Representatives ..... * 220
To the Senate ...... ..... 222
To the Senate ..... . , ... 224
To the -Senate .......... * 22?
To the House of Representatives ,.,.,. 24$
To th© House of Representatives „„,.„,, 247
To the House of Representatives ,,..,. 260
To the House of Representatives ,..*•.* 2$B
Veto Recorded with th© Secretary of State . . . . 266
Veto Recorded with the Secretary of State * 268
Veto Recorded with the Secretary of State . - . . 271
Veto Recorded with the Secretary of State . 278
V^to Recorded with th© Secretary of State . 275
V^to Raeordod with th© Secretary of State , 277
Veto Recorded with the Secretary of State 27B
V^to Recorded with the Secretary of State « .... 279
Veto Recorded with the Secretary of State . . . . 281
Veto Recorded with the Secretary of State , . , , . 288
Veto Recorded with the Secretary of State * ... 286
To the Senate ........... 291
Veto Recorded with the Secretary of State 2tt0
Veto Recorded with the Secretary of State , 300
V^to Recorded with the Secretary of State * 802
Vato Recorded with the Sneratary of State , 805
Veto R0cord®d with the Secretary of State . 808
Veto Reeordud with the SuertUry of State ..... nil
Veto Recorded with tht Secrtttry of State . * , * 316
SPECIAL
To thi
To the Senate **,.*,*,»» 817
To the Stimtfi .*.****»»»» S18
To th® Senate »*»..«..,. 819
To the Stnatt * ...... , 880
To the Senate .*.,.,,, , . SSO
To the Senate ..... .,.,,* Sil
To the B^aate .......... 881
To the S&aate ....,.,. f v v m
To the Sim ate ,....«,. . . m$
To tilt Houe© of R*pr$#efltAtiv*» f |g4
To the Senate .......... §84
To the Senate ....... , . , . 3SS
CONTENTS VH
SPECIAL MESSAGES — (Continued) Page
To the Senate 336
To the Senate 336
To the Senate 387
To the Senate . . 338
To the Senate 338
To the Senate 33&
To the Senate 340
To the Senate ........*.. 341
To the Senate .......... 341
To the Senate 342
To the Senate ....,.„.„, S48
To the Senate 343
To the Senat© ,,.,.,,„.<, 844
To the General Aswmbiy &nd th« Secretary of State . . , S4S
To the Senate . 346
To the House of Rtprtstntatlvt § ....... $47
To the Sennit .......... 848
To the Bun&tn ........... 849
To the Senate .,....,*.. 350
To the fifen&tn . 851
To the Senate .......... &&2
To the Senate ........... 882
To the Senate .......... 8B8
To the Stn&t® .......... BfNi
To the Senate ..,......- 884
To the Senate ........... 866
To the Senate .......... 886
To the Senate „.,.,..,.,. 867
To the Senate .......... &$8
To th# Stnati ........... 889
To thu Senate ....»....* 860
T0 ttit S«n»t« ........... 861
To the Senate * ,861
To thu gfeaatt ........... 868
T© the Senate .......... 888
T0 «i«s Senate »64
Ta tht Senate .......... »6§
To th« Stnutu ........... 866
To th« Senate , * Sflt
To th« Stnate ........... 167
To tlie B<jnnte S«8
To the SlMWte ........... 869
To the Senate .......... 870
To ttwt Senate ........... *71
To ttit Senate iTS
To tbe ftmati . . « *•*....* SH
To tht S^ati ,......«.. 81*
CONTENTS
SPECIAL MESSAGES— (Continued)
To the Senate
To the 'Senate
To the 'Senate .
To the Senate 378
To the Senate 880
To the Senate .......... 380
To the Senate - &&l
To the Senate .382
To the Senate 382
To the -Senate ...,..«... 888
To the Senate ........... 884
To the General Assembly * B84
To the General Asiembly ....*..,. SSS
To the General Assembly ........ Sii
To the Senate 388
To the Senate ,..,„..... 889
To the Senate . 880
To the Senate ... 890
To the Senate * * 891
To the Senate .......... S9I
To the Senate ........... 892
To the Senate .......... S98
To the 'Senate « $$8
To the Senate .......... 894
To the Senate ........... 895
To the Senate .896
To the Senate ......... 897
To the Senate .......... S»t
To the Senate ........... $98
To the Senate .......... 8M
To the Hotiit of Kepritentativin ....... 400
To the Senate .......... 401
To the Senate ,,»...„.... 4QB
To the Senate ..,.,.,,,. 401
To the Senate .,*....,,., 404
To the Senate ...... * * * , 406
To the Senate ,....,...,, 40ft
To the Senate .......... 40«
To the Senate .,...,,.... 407
To the Senate ..,,,.,,,, 408
To the Senate ,„..,.,.... 409
To the Senate . .410
To th* HOUJW of RepreeenUtiv^ . 41®
To the Hou»e of Etpr«»wxtatlve« 411
To the Houw of !Upt***ntativ*« t „ # . » t 411
To the House of &epm*ntatf vo» ...... 414
To the Secretary of State ........ 41S
CONTENTS IX
SPECIAL MESSAGES — (Continued) Page
To the Secretary of State 416
To the Secretary of State . 417
To the Secretary of State . * 418
To the Secretary of State . 419
To the Secretary of State 420
To the Secretary of State ,421
To the Secretary of State 422
To th© Secretary of State 425
To the Secretary of State ..„„'..., 426
To the Secretary of State „„„„.,„„ 427
To the Secretary of State ,420
To the Secretary of State * 480
To the S^crotary of State »„,...»» 4S1
To the Secretary of State .**...». 488
To the Sneratury of State ...,*,.. 484
To tha Secretary of State »..**... 486
To thu 0©cr«tmry of State .,.,...« 4S0
To the Secretary of State ..».,.*. 448
To th« Houio of Repr^ftentAtivfti ...... 445
To tht Senate *...«...... 447
To th« Senate ,....*.„,. 448
To tht Senate ........... 449
To tht Sanate . . . ,449
To thi Senate 480
To tht Senate .......... 481
To tto Btnatt ........... 451
To the Senate .......... 45S
To tbi Senate ........... 488
To the, Senate .......... 453
To the Senate »*»*,..,,** 484
To the Senate ,.,.,....,465
To th* Senate ........... 48ft
To tiie fhnaie .......... 48»
To the itnate . . , * 48T
To tiie Senate . . „«..,.., 488
To the Senate ........ . * . 48»
To the Smite . . ........
To UNI Smatt . . . * * ....,,
To the Stnate .......... 4«1
To th* Smate ........... 462
To th« ff^mte .......... 4«8
To th« i^ale . . . ........ M4
To th0 Senate .......... 4«ft
To tbi Senate ........ 4W
To tb^ Senate ..........
To ^e S^mle »****»*.*.*
To the Stnmtii **«**,***» 4ft
X CONTENTS
SPECIAL MESSAGES—- (Continued) Page
To the Senate 460
To the Secretary of State 470
To the Secretary of State 471
To the Secretary of S"tate 472
To the Senate - 474
To the Senate . 475
To the Senate 475
To the Senate . . . 476
To the Secretary of State 477
To the Senate . 477
To the Senate .,....«..,, 479
To the Senate . 470
To the Senate , 480
To the Senate .......... 481
To the Senate ........... 481
To the Senate ...*.,.*».. 488
To the Senate 4S8
To the Senate ******** 4BB
To the House of Representatives 4S4
To the General Assembly ..*.,... 48$
To the Senate ,.....,.,.. 488
To the Senate .......... 489
To the Senate * . 480
To the Senate .......... 400
To the Sonata ..,,.»..,.< 491
To the Senate .......... 491
To the Hanata ........... 498
To the Senate .......... 498
To the Sonata ........... 494
To the Senate .......... 494
To the Senate ........... 495
To the Senate .......... 49*
To the Senate ...,..,..,, 4t7
To the Senate .......... 4iS
To the Senate -..,,.,,. , , 4t8
To the Senate ....,.»,,. 4it
To the Gintrml Aitembly ........ §01
To the Genera! AgtimbJy ........ 804
To the Stnate ....*..,.., 8M
To the General Assembly . $Qf
To the Senate .,...»»., » , fill
To tibe Senate git
To the Scnatd t §|§
To the Houw of R«prw«nUttv«* ..»,.. SIS
To the Mmm of Ropr^enUtivet . §14
To the Senate .......... SIS
To the -fitoorttarir of State ••••„... 818
CONTENTS XI
SPECIAL MESSAGES — (Continued) Page
To the Secretary of State . 5-17
To the Senate 618
To the Senate .......... 518
To the Senate 819
To the Secretary of State &20
To the Secretary of State ........ 522
To the Secretary of State 52S
To the Senate . 824
To the Secretary of State „ 824
To the Secretary of State ......... 525
To the Senate . .... 528
To the Senate » „ 528
To tho Senate .......... 529
To the Senate . 580
To thu Senate .,„,...... 580
To the Sanato . ... 581
To tho Senate . S«^
To the Senate ........... 582
To the Bonntu ......... 588
To the Senate , • 584
To the Kenate .......... 686
To the Senate .....„.*..• 688
To Ihw Senate ....„..„,. 887
To th« Senate ,,,„*„.*..• 687
To th* General Aaaembty »*,«**** 88S
Ta the Gtenato 547
To th« 8«nato * 648
To the Senate ........... 548
To th« Bsn&tt *»,....... 649
To the 8«nate ........... 660
To the Benftte .......... 861
Ta the Banatt ...,*,....• W2
To th« ^n»tt .......... 868
To th« B^nal® ........... 864
To th« Bitnutu 5S4
Tn tbn Sartftl* * 688
To thu Senate ........... 5B«
To the Banate ........... 888
To tb« Semite .......... 887
To the Huuwo of t^prfj*fnUtiv^» .,,,... 58S
To tilt Stnate ,,..,..... 880
To thi Senate ........... W
To th« HottM of RtprmMmUtftvM ,,..,. 881
To tlm Btnite ........... 881
T0 tht Semite .......... *84
To tht Sti»»tt ........... Ml
To tilt Hou»*> of R^pre^nUtivw 8M
Xii CONTENTS
SPECIAL M.ESSAGE&~(Continued) Page
To the House of Representatives ....... 566
To the House of Representatives ...... 507
To the House of Representatives ....... 568
To the House of Representatives ...... 569
To the Senate ..... ...... 570
To the Secretary of State ........ 570
To the Secretary of State ........ 572
To the Secretary of State ........ 578
To the Secretary of State ..... . 574
To the Secretary of State ,.,*.„.„ 575
To the Secretary of State ........ 576
To the Senate ,.*....„„« 577
To the Secretary of State ..... * 577
To the Secretary of State ........ 578
To th© Secretary of State . 570
To th© Secretary of State .,.,.„,, 580
To the Secretary of Stat® , » . , « * , ,581
To the Secretary of State ..*..,.. 688
To the Senate ......... . 585
To th© Senate .......... 58$
To the Senate ... * ....*,, 686
To the Senate ......,,.. 687
To th© Senat© „........,, §88
To the Sanat® *.,....,,. 688
To the Senate ...,».,,,., 689
To th© Senate ..*...*«.. WO
To the Senata » ....... 50!
To th© Senate .......... 691
To th© San&tit , . ...... , . . 692
To the Senate .......... 693
To the Sinak ,..„.,..,.. 693
To the Stnate .......... 694
To the Senate »*.,...,,„, B95
To the Htnafce «**.*...«. 6M
MiM0ltAND4 OF PlIOCLAMAf IONi &N0 Wftlf » Of
January SB, 1046 .•,.*
January ii» 1945 *..«...,.. B9T
Felm*a*y lf 1048 •**>.«•«. f B97
ilawh 7, UMft .......... HT
March 8f 19« . . ..... . # . t 598
Mi^eli Ut» 1941 .......... IM
Mnroh i% 194$ .......... 598
Apfl 4, 1«N» **»*».»,,* IMW
Aprfl «f 1S«| ......
A$rfl 18t 1948 ,
Aprtt 18, 1948 .»-....
CONTENTS XUl
MlMOBANDA OP PROCLAMATIONS AND WRITS OF
EU&CTXON — (Continued) Page
April 19, 1946 . ...... 609
April 20, 1946 ........... 600
April 21, 1945 ...... . . , . . 600
April 27, 1946 ........... 000
April 28, 1945 .......... 600
May 4» 1946 ..... * ..... 600
May 7, 1946 .......... ,601
May 8, 1946 . .......... 601
May 12, 1945 .......... mi
May 19t 1946 ....... .... 601
May 21, 1946 .......... 601
May 28, 1945 ........... 602
June 6, 1945 . ........ 602
June 14, 1946 ........... 602
July 2$» 1945 . ..... 602
July 20, 1946 ........... 602
July 80, 1945 ........... 608
Aujrw»t 7» 1946 . ..... .... 608
Auguit 14, 1945 .......... 608
Atiguet 14, 1945 .......... 608
Attjrunt 21, 194S .......... 60S
2, t$4fi . , . . . * * * . ,608
8, 1946 ......... 604
ll» 1948 ..... „ . 8M
IB, 1045 ......,., 604
18, 1946 ,,.....,.. W4
. , , 604
Ocitobtr 1, 1148 .......... 60S
I, 1148 .......... 608
18, 194S .......... MB
Nmrtmbtr 7, 1&48 .......... 60S
18* 1948 ......... 606
18, 1»45 .......... 606
i§, 1»4» ......... 606
S# 104i **.«**»*»* 6W
March 8» 1046 ...... * . 6M
M^rth IS, Ii4i . ......... 6M
March 23, 1046 ...... 8®ft
Mftfth Mv iMW .......... 007
April lf 1946 ........... 607
April I9 1»*S .......... <07
April If, 1940 .......... «®t
XIV CONTENTS
MEMORANDA OP PROCLAMATIONS AND WBITS OF
EO3CTION — (Continued)
April 22, 1946 . . . . 608
May 2, 1946 608
May 6, 1946 608
May 10, 1946 609
May 10, 1946 600
June 14, 1946 .609
July 26, 1946 609
September 16, 1946 .......... 609
September 20, 1946 ......... 609
September 23, 1946 .......... 610
September 26, 1946 ......... 610
September 80, 1046 .......... 610
October 11, 1946 610
October 28, 1946 . 610
November 6, 1946 . 611
November 26, 1946 .......... 611
November 27, 1946 ......... 611
December 23, 1946 *»......,, 611
January 81, 1947 .,.,.,... 811
February 6, 1947 * * . * * * . . . .612
February 7, 1047 ......... 812
February 7, 1047 ..«•..,,,, 612
February 8t 1047 ......... 612
February 11, 1947 ...»....,, 612
February 19, 1947 613
March 81, 1947 .......... 818
April 4, 1047 .......... 618
April 19, 1947 .....,,..,, 818
April lft» 1047 .,.,.,..,. 618
May 10, 1047 . . . 614
May 17, 1947 .......... 814
May 21, 1947 .*...,...„, 814
Mmy 20, 1147 .*„,,..,., 814
Junt 8, 1047 .,,,.,,.,, $14
Jurat 11, 1947 ......„,,, 618
•July 81, 1P47 ..,,,.,„.., 818
S«ptemtw 11, 1947 ..,,,..,, iiS
Btpttmbtr 15f Ii47 , «lg
Stpttmbtr 18, 1947 ...... , , , 616
fift pttmbtr 24, 1947 .«..,,.. . t «18
Sipttmbtr 80, 194f ....»,.. t §18
SiptiaAtt mt 1947 .......... 816
CteWbtr 9P 1947 * t » 116
Oetob«r 18, 194? **.,.*» . , , 818
# 1947 . . „ t t f #
U, IMI ,........
CONTENTS XV
MEMORANDA OF PBOOUAMATIONS AND WRITS OP
EJECTION-— (Continued) Page
February 28, 1948 617
March 80, 1048 , 617
April 2, 1948 617
April 10, 1948 617
April 21, 1948 617
April 29, 1948 * 618
May 6, 1948 618
May 10, 1948 618
May 14, 1948 .......... 618
May 21, 1948 ........... 618
May 28, 1948 *.»..„.... 619
Attest 2&, 1948 . . . . 619
Btptumber 3, 1948 ......... 619
Suptumbw 14, 1948 619
September 22, 1948 .„«,...,. 619
a^pttmbar 22f 1948 ...*...,,, 620
October 1, 1048 .......... 620
Octobtr I, 1048 * 620
October 4, 1948 ,„.„,,.,,» 620
Oetab^r 16, 1948 .,...,..., 621
Oetobtr 18, 1048 ..«....,., 621
October iS, 1948 .......... 621
Nov«mbar 10, 1948 ....,.,.. 621
Nwtmbtr 10, 1048 .......... 621
GOVERNOR PHIL M. DONNELLY
I'HIt M I)M\M I ! V
PHIL M. DONNELLY
BY
FEANK P» BBIGOS
Phil ML Donnelly, forty-first governor of the State of
Missouri, lawyer, statesman* and business leader, was born in
Lebanon* Lacledo County, Missouri, on March 6» 1891, the
son of Phil and Margaret (Halloran) Donnelly.
Ha attended the public schools at Lebanon and was
graduated from the Lebanon high school in 1909. In the fall
of thai year he entered St Louis University to study law,
that having bean his ideal from hia early youth. In four
years ha had completed the course and was graduated in 1913.
After taking the bar examinations and being admitted
to practice law in Missouri, Mr. Donnelly returned to his
native* county* Laclede, and there entered a partnership with
jf, W. Karris, which partnership continued until Mr* Parns*
death.
1 1 in early practice of the law paralleled that which many
young lawyers face today, While its calls were many* its reeom-
pease was not so larga and his shingle was fairly well nailed to
the wall bafor© his reputation as a **g©od lawyer** spread
throughout the area of Laelade and adjoining counties* In
the law, as in other ventures* however, Mr, Donnelly's alert
and kean mind §000 bmmme evident and hm clientele grew
until it is now one of tha largest in the State.
On May 22, 1915, Mr* Donnelly was united in marriage
with MiM Juiiaiti MoFaddcm, a native of Ptdueah* Ken*
tuoky, who was then living in Maptowood. She ii tha daughter
of K. M, md Zilpah MePadden. One ton* Phillip David* who
i§ now a taw partner of his father, was bora to this union,
Soon after entering legal practice in Laelada County, Mr.
Donnelly also beoama interested in polities. Hit native county
WM Republican* but hi btiitvsd in the principles 0! the Demo*
crutto Party and it was with thai party that he made aftU
He was flnl eltelad city attorney of lx$hsmoa> a post ht
4 MESSAGES AND PROCLAMATIONS OF
for several years by reelection, and served one term as prose-
cuting attorney of Laclede County. In the fall of 1922, he
was elected by Laclede County as its representative in the
Missouri General Assembly and two years later he was "sent
over the corridor" to the State Senate, where he promptly
made a name for himself as a parliamentarian and legislative
leader. In the next five years he was honored with every post
of honor his fellow senators could bestow on him-
Senator Donnelly was chairman of two different commis-
sions to revise the Missouri statutes, one in 1929 and the
other in 1939, His work on both commissions bespoke apt
knowledge of the law and the statutes* and other states copied
Missouri's procedure in their revision work.
Political history was made by Senator Donnelly when,
in 1944, he found himself pitted against a fellow townsman
from Lebanon for the high office of governor- And the town
of Lebanon also mad© history when it want to the polls and
cast the same number of ballots for each candidate*
Upon being elected governor, Phil M* Donnelly stinted
again making history. He brought to the executive office the
invaluable knowledge gained through years of experience in
the legislative bodies and through the practice of the law*
And soon national attention was focused on Mmaourt through
certain enlightened policies of its chief executive,
One of the first of Governor Donnelly1! policies thit
brought him national prominence was hm insistence thut JVfii*
souri be given the right to operate its own State employment
service* The threat of the Federal Social Security Adminis-
tration to withhold certification of Federal ynempluyment tax
credits became of the controversy over the transfer of the
IL S* Employment Service in Missouri ootlipiect when the
Governor stood hie ground and informed the Federal agency
that Missouri was prepared to operate its own business with-
out Federal aid If neceasary.
Federal dams In Missouri soon became an iwme tn the
Donnelly administration tad Governor Donnelly again at-
tracted the attention of the nation In his export handling of
this "touchy" question. After rejecting t prapoitl to build
a large dam at Qw$d£» tht Gownim1 went tato tht mtttir df
GOVERNOR PHIL M» DONNELLY 5
flood control and devised a working formula which was adopted
by other states as their blue print in the flood control fight*
National attention again came to Missouri when Governor
Donnelly moved to correct conditions that existed in Mis-
souri's penal institutions, especially in the Training School for
Boys at Boonville. Citizens of Boonville were demanding the
school's removal because of their fear of boys who frequently
escaped from the institution.
Governor Donnelly asked the Training School Board to
take steps to clean up the situation, When they hesitated
to act, he called for their resignations, appointed a new board,
and installed a new administration at the school. Criticized
ut the timc% critics soon began to see that the Governor was
lauding in the right direction and their fault-finding soon
turned to praise.
One of the outstanding features of the Donnelly admin-
istration was the wise and courageous exercise of the veto
power. Smut! loan laws* sought urgently by larga interests*
met the Governor's veto. A change m the Missouri Stat©
Highway Commission to give disproportionate representation
to the rural uraas alto met the Governor's veto,
Those who read the Governors veto messages were im*
pressed with their thoroughness and their logic, In each eat©,
the Governor vtry painstakingly told the legislature Just why
ha oould not approve the bill. His explanations wera direct,
yet without a itlng. Them was littla resentment thowm by
any member of the General Assembly on account of the Gov-
ernor's uit of the vet© power,
Governor Donnelly again attracted national attention in
handling a tense situation whin a group of 250 "marching
veterana" from Springfield went to Jefferson City to demand
i $400 bonus or l§sit tn the etpitot until they got it.1* The
Governor* in i clear ringing voice, addressed tha veterans in
the rotunda of the eapitol tad advised them to take the
orderly manner to §emim thtir demands— that thty should
call on their iegi*Utom and diteusi their desires with them,
**Wt havt the tame Democracy in Missouri that we have In
Iht United Stttts, the mm* kind of §ewnmmmt that you went
ami mrmA to pmmrm and protect. You should bi the
6 MESSAGES AND PROCLAMATIONS OF
to try to upset that kind of government," he told the young
men as they listened to his "No."
When politicians started fighting the proposal to adopt
a new constitution, Governor Donnelly, a student of consti-
tutional law, came out for the adoption of the new document
and did much to cause the voters of the State to follow his
example and do away with an outmoded basic law. Adoption
of this new constitution meant the entire remodeling of Mis-
souri's government. Governor Donnelly took positive leader-
ship in the work of setting the new government on a firm basis.
Governor Donnelly's policies relating to labor in several
instances met with the disapproval of labor organizations. He
clashed with labor organizers in St. Louis when they attempted
to unionize the St. Louis police department, and he took an
active interest in the passage of several labor-control laws.
Moral and intellectual courage are not the only kinds of
courage shown by the Governor while the State's chief execu-
tive. When prison lights were darkened by a blast and prison
officials were not at hand to be in command, the Governor
rushed to the Penitentiary and saw to it that order was pre-
served. Also, in the Boonville transfer, Governor Donnelly
was in one of the cars that took the "hardened" boys to their
new quarters at Jefferson City.
The Governor's positive actions to wipe out crime and
gambling in Missouri became the subject of acclaim through-
out the State. His moves against racing news syndicates and
other forms of crime, his naming of men of high moral char-
acter to all police boards, and his orders to the Missouri State
Highway Patrol to stop all kinds of crime and racketeering did
not lessen in his four-year term.
Several honorary degrees were conferred on Governor
Donnelly during his term, the first coming from his alma
mater, St. Louis University. In presenting him for the honor,
the Very Reverend Patrick J, Holloran, president of the Uni-
versity, said:
"For more than a generation the Honorable Phil M* Don-
nelly has served the citizens of Ms native state. His long
record has been one of both distinction and accomplishment—
accomplishment of so irreproachable and noteworthy a ehar-
GOVERNOR PHIL M. DONNELLY 7
acter that when he placed that record before the electorate of
the state as his title for the conferment of the highest office
in Missouri, the citizens of Missouri chose him unhesitatingly
as their governor,
"When one realizes that at the same time the men and
women of Missouri sent a member of the Republican party to
Washington as Senator and elected another member of that
party to the office of Mayor in the City of St. Louis, it becomes
apparent that consideration centered around the man himself,
and the election of Governor Donnelly was the result of weigh-
ing achievements and assessing the merit and the ability of
the man in the light of the character reflected in those
achievements/'
Culver-Stockton College, Westminster College, and Wil-
liam Jewell College also conferred the Doctor of Laws degree
on Governor Donnelly.
While his record as Governor of the State has been his
outstanding accomplishment, perchance a visitor would find
the former Governor telling as his most-priced triumph of
some victory at the bar. The law is now, and has always been,
his profession and his hobby. When others play golf, fish,
hunt, or relax in some way, Phil Donnelly finds relaxation in
the study of the law* Visiting with him, one may find him
interested in a story of how this or that trial was won- His
keen mind detects instantly a break in testimony and his
knowledge of the law enables him to follow that break to a
successful conclusion. The training of his son David in the
law is a task that the former Governor now enjoys. The
father-son combination has ever been a close, delightful com-
radeship. Their business relationship continues on the same
understandably high plane,
But Phil Donnelly has not given all of his time to the
law and to public life* Fraternally, he is affiliated with the
Independent Order of Odd Fellows, and after serving in various
capacities in the subordinate bodies, he was elected and served
the Grand Lodge L 0* 0, F. of Missouri as its Grand Master
in 1081 and 1932* He is also a member of the Woodmen of
the World and is affiliated with all the York Rite Masonic
bodies in Lebanon and with the Abou Ben Adhem Temple
of the Nobles of the Mystic Shrine at Springfield.
8 MESSAGES AND PROCLAMATIONS OF
Governor Donnelly is a member of the Lebanon Chamber
of Commerce and of the Lebanon Lions Club. He belongs to
the Missouri State Bar Association and to the Nineteenth
Judicial Circuit Bar Association, having served as president
of the latter association.
At the end of Governor Donnelly's term, the accomplish-
ments of his administration were widely acclaimed by news-
papers over the State. A St. Louis newspaper, in an editorial
entitled "Gov. Donnelly Steps Down," said:
"The retiring Governor possessed several outstanding
qualifications for that office. He is an outstanding lawyer,
he had long experience in the state senate, he had an intimate
acquaintance with state government, he was no narrow par-
tisan— and he had courage. The slick politicians of his party
didn't get very far with him, which explains the grumbling in
some quarters. Every Assembly bill, every proposal or re-
quest that came to his desk was subjected to judicial scrutiny.
When he acted, it was with the conviction that he was right,
legally and morally, and there was no temporizing for reasons
of political expediency. Charges to the contrary were never
seriously pressed or proved. At no time has there been a
question as to who was Governor. Phil Donnelly bowed to
no clique within or without his party, no pressure group—he
was strictly on his own*'1
GOVERNOR PHIL M. DONNELLY
INAUGURAL ADDRESS
JANUARY 8, 1946
Frotn the Journal of the House of Representatives, pp. 87-94
Members of the 63rd General Assembly of Missouri:
Twenty-two years ago I took the oath of office as a
member of the General Assembly of Missouri. I have had
the honor of serving in the General Assembly continuously
since that time. Today, I have taken the oath as governor,
the highest office within the gift of the people of this State.
I have taken this oath in deepest humility and with the
sincere hope that God will guide me, and give me the courage,
the strength and the wisdom to perform the duties incident
to this office, and that I may serve the citizens of Missouri
in an efficient and unselfish manner.
I am proud of my native State. It is my desire to give
to our State a practical and businesslike administration* I
want to carry out a constructive program for the best interests
of our citizens, I am confident that by close cooperation
between the executive and legislative branches of the State
government this can be done. This cooperation will greatly
increase the efficiency of the service which we desire to render.
To that end I come to you today with some suggestions which
I feel we should consider as we open this new year and this
new administration.
NEW CONSTITUTION
In view of the fact that the voters of Missouri will decide
on the adoption or the rejection of a new constitution on
February 27, the adoption of which will make it necessary to
ohange many of our existing laws in order that our statutes
may comply with the provisions of the proposed new docu*
ment, it is my suggestion that no legislation be enacted be-
fore February 27 which wotild conflict with the proposed
changes in the new constitution,
10 MESSAGES AND PROCLAMATIONS OF
It is my intention to make certain recommendations to
this General Assembly with reference to consolidation of differ-
ent departments and functions of State government. I also
have in mind changes in other matters which are on the pro-
gram of this administration, but I intend to hold these matters
in abeyance until the decision of the voters on the proposed
new constitution has been made.
SURPLUS FUND
It is estimated that a surplus of approximately $18,000,-
000.00 will remain in the general revenue fund after all current
obligations of the past biennium have been paid. I recommend
that this surplus, and any accumulated surplus as the result
of economical spending, be safeguarded as a backlog for post-
war projects and postwar employment. Since the war and
business incident thereto have been responsible for this sur-
plus, it would seem not only the part of good business but a
moral obligation that it be set aside to take care of some of
the damage this war will inflict on Missouri. It is going to
require hardheaded resistance to pressure groups by both the
General Assembly and the Governor in order that this surplus
be judiciously spent, and I earnestly recommend to you that
you regard this surplus as a sacred fund.
NEEDLESS PRINTING
Since I became connected with the State government I
have noted, each biennium, the increase in needless printing*
Many reports are called for by law, and the law demands that
the different departments prepare and print large volumes
detailing their work for each biennium* It Is my belief that
little or no use is made of these printed reports, and, too,
these reports are carried over and reprinted in the appendix
of our legislative journals. I recommend that you cause a
thorough study of this waste and that you amend or repeal
existing laws that demand such printing. Hundreds of thou-
sands of dollars wiU be saved to the taxpayers annually by &
revision of the printing laws, and the paper and manpower
shortage in the printing industry will be greatly relieved
thereby.
GOVERNOR PHIL M. DONNELLY 11
VOIDING WARRANTS
My attention has been called to the fact that the State
of Missouri has many warrants outstanding over the period
of years, some of them being twenty to thirty years old.
Each State Treasurer is called upon to carry these warrants
forward, taking much valuable time and bookkeeping expense.
The Federal government, and several state governments, have
laws voiding their warrants at the end of a given period. I
recommend that this General Assembly enact a law directing
the voidance of a Missouri warrant uncashed at the end of a
stated period.
DESTROYING OLD PAPERS
Absence of any law permitting the State officers to dis-
card and destroy old papers which are filed in their offices
is causing a serious storage problem to the State. Storage
facilities are crowded and storage cabinets are being purchased
each year at an enormous cost to the taxpayers. I recommend
that laws be enacted permitting the discarding and destroying
of old papers which are worthless to the State at the end of a
given period*
LEGAL DEPARTMENT
Over a period of years various State departments have
been authorized to employ attorneys, and others have employed
attorneys unauthorized, although in some instances they have
been given other titles, As a result, the State has numerous
legal departments performing in many instances duties which
overlap those imposed upon the Attorney General and his
staff. The opinions of these various legal departments have
often been in conflict with the opinions of the Attorney Gen-
eral, thereby causing confusion and uncertainty of action.
The State of Missouri should have only one legal department-
It should be adequately staffed to properly serve all the de**
partments of the State. This would prevent duplication of
effort, conflict of authority and unnecessary expenditure of
money. This legal department should be under the juris-
diction of the duly elected Attorney General, and I recommend
to this General Assembly that appropriate legation be en-
acted to accomplish this end*
12 MESSAGES AND PROCLAMATIONS OF
FISCAL YEAR
Our fiscal year should be changed. If it is not changed
by the result of the vote on the proposed new constitution,
then a constitutional amendment should be submitted for that
specific purpose. At the beginning of each biennium we face
a temporary emergency until money can be appropriated for
State needs. Many times this temporary emergency under our
present fiscal system involves hardships.
I note that there have already been introduced in this
General Assembly bills appropriating funds for the first six
month period of this biennium. These bills should be regarded
as emergency measures and provide for only necessary functions
of government without establishing a policy or standard of
appropriation for the entire biennial period.
It is possible that even with the utmost diligence these
bills may not be passed in sufficient time to promptly meet
the current obligation of the State toward its social security
program. I, therefore, suggest the following for your con-
sideration:
In times past the General Assembly and the Governor
have met on terms of confidence and have passed and approved
concurrent resolutions requesting the Auditor to audit, and
the Treasurer to pay necessary operating expenses of the
State government, pending the passage of appropriation bills
and pledging their honor that before the General Assembly
adjourned these payments would be met by appropriation
bills. I have implicit trust and confidence in you, and I
recommend that you pass a concurrent resolution without
delay authorizing the payment of old age assistance* aid to
dependent children and relief for the month of January and
until the necessary appropriation bills have been passed* I
will speedily approve such a resolution and we should be able
to get these checks to needy Missourians within the nert
few days,
CONSOLIDATION
Those of you who have served several session® of the Gen-
eral Assembly will recall how small functions of government
once recognized and established by the General Assembly*
GOVERNOR PHIL M. DONNELLY 13
start growing arid continue to grow until they become major
problems. It is time, in my opinion, that we begin to con-
solidate and integrate functions of our State government, and
that we stop enlarging and expanding departments, staffs and
bureaus. To that end I suggest that this General Assembly
proceed to enact laws which will bring to the citizens of the
State improved government at a greatly decreased cost.
PENAL AND ELEEMOSYNARY INSTITUTIONS
I have previously announced my belief that employees
in the State eleemosynary and penal institutions should be
selected on the basis of merit and that the adoption of the
merit system in these institutions will serve the best interests
of those for whom these institutions care. I am very definitely
of that conviction, I call your attention to the fact that it
will not be easy to correct many of the problems affecting
these institutions and that in considering such remedies it will
not be to our advantage to approach them in a hasty or super-
ficial manner.
Many problems arise from the operation of our eleemosy-
nary institutions. They are the fault of an antiquated system.
Some of the problems have existed for years. Overcrowding,
limitation of vitally needed facilities, underpaid and inade-
quate staffs, all add to the problem confronting us in the
administration of eleemosynary affairs*
We may soon be called upon to distinguish between cus-
todial care for senile patients and the necessity of emphasizing
curative treatment for those who may be completely restored
to mental health*
I suggest that the General Assembly consider removing
the statutory maximum on the salaries provided for physicians
at these institutions. The extremely low salary schedules pro-
vided for physicians at these institutions do not permit us
to furnish the type of care required in the most progressive
hospitals*
My attention was called a few months ago to the sana-
torium at Mt Version where we had 150 patients on the wait-
ing list, I was told that at that time we had space in the
14 MESSAGES AND PROCLAMATIONS OF
institution for an additional 230 patients but we did not have
sufficient medical staff to care for them. This is one example
of the problem that confronts us in our eleemosynary admin-
istration.
Our penal institutions also present a perplexing problem.
The introduction of a merit system will probably be only one
of the steps necessary to put our penal system on a par with
our nation's care of society's offenders. It is probable that
when a merit system is considered for the penal institutions
a more flexible provision regarding salaries may be needed.
I suggest that this General Assembly, through appro-
priate committees and with the assistance of the Committee
on Legislative Research, make a factual study of the admin-
istration and operation of the penal and eleemosynary insti-
tutions to the end that legislation may be enacted to remedy
conditions found to exist.
This study, I believe, should scrutinize carefully our han-
dling of juvenile and adult offenders in our reformatories and
prisons. It is my belief that we have lagged greatly in Mis-
souri in these institutions, particularly in the handling of juve-
nile offenders. Widespread criticism has resulted because of
our failure to give them the corrective care and custody
contemplated by law. I believe that the Boys Reformatory
at Boonville should be thoroughly divorced from contact with
adult or hardened criminals from the Penitentiary and that
emphasis should be placed on the educational facilities offered
these boys, even to the extent of establishing a high school
to further the education of those held under our care,
I, of course, do not regard the adoption of a merit system
for these institutions as a panacea for ail of their troubles,
but it is my recommendation that this General Assembly
give deep and sincere thought to correcting conditions that
will be found to exist.
BUILDING PROGRAM
Several of the institutions have made requests for new
buildings and others have requested that repairs be made to
buildings already erected. These are matters that should
receive your careful and serious consideration. I recommend
for your consideration the establishment of a State agency.
GOVERNOR PHIL M. DONNELLY 15
probably within the Budget Department, where experienced
personnel would have charge of the erection of new buildings
and the repairing and remodeling of buildings already erected.
In this way, institutions which are in need of new buildings
or which have buildings in need of repair will be able to have
this done and the unneeded construction of buildings will be
prevented. It will also stop the practice of institutions com-
ing before you competing with each other for new buildings.
In this connection I recommend that you give thought to the
setting aside of the revenue collected from the five cent prop-
erty tax as a permanent fund to be used solely for the con-
struction of new buildings and the repair of old buildings.
The establishment of this permanent fund to be used for no
other purpose should assist in solving our building problems.
SOCIAL SECURITY
From many sources come recommendations as to ways
and means to improve our laws permitting aid to our aged,
needy and dependent citizens. This is one of the vital phases
of our State government and we should work unceasingly to
improve our laws and to aid our needy* Many indigent, aged
citizens are not now receiving aid sufficient to allow them to
live in a status compatible with decency and health. This
is the result of others not so needy being on the rolls and tak-
ing the funds available for the relief of these deserving citizens.
I recommend that a careful and faithful study be made of our
social security laws and its administration to the end that
we may meet the call from our aged, needy and dependent
citizens substantially and courteously.
UNEMPLOYMENT COMPENSATION
During the period of postwar readjustment, our State
Unemployment Compensation Law will play a major role,
and for the hundreds of thousands of workers who are now
gainfully employed in war industries, but who may be laid
off and unemployed during industry's reconversion and read-
justment to peacetime production, it must serve as an effective
"first line of defense/1 During the months after victory has
been won, our unemployment compensation program will be
put to a severe test. In order that we meet that test and
16 MESSAGES AND PROCLAMATIONS OF
have an unemployment compensation program adequate from
every standpoint to meet the challenge of the postwar years,
our unemployment compensation reserve fund must be sol-
vent, the coverage and benefit provisions of our law should
afford the maximum of protection consistent with the economy
of our State, and the administration of the law should be
simplified and made effective to handle the tremendous admin-
istrative load of postwar benefit payments.
I recommend to the General Assembly that a careful
estimate respecting the solvency of the State's Unemployment
Compensation Fund be made, and if you believe the fund to
be inadequate, that legislation requiring higher wartime con-
tribution rates, which expire June 30, 1945, be simplified and
continued; that a careful review be made of the coverage and
benefit provisions of our law with a view to making such im-
provements as will afford maximum benefit protection to un-
employed workers; and, that wherever possible, administra-
tive procedures be streamlined and simplified to the end that
we may be assured of maximum speed and efficiency in pay-
ing benefits under the peak load conditions of the postwar
period.
CHILDREN'S CODE
I suggest that you give consideration to legislation author-
izing the creation of a Children's Code Commission for the
purpose of studying the needs of revising our laws pertaining
to the welfare of neglected and delinquent children*
EDUCATION
Only through an enlightened citizenship can our State
advance. We must educate our children and enact legisla-
tion for the benefit of our elementary and high schools and
for our institutions of higher education*
Many of our men and women have had their education
interrupted by reason of military service* I consider it ths
duty of the State to give them the opportunity to complete
their education and rehabilitate themselves in gainful occupa-
tions. Our present school system should be adjusted to eare
for these returned war veterans who wiU have sacrificed so
much for our country, Legislation, If ntc&sstiy* should be
GOVERNOR PHIL M. DONNELLY 17
enacted to prepare our schools for assisting these men and
women in finding their place in normal civilian life.
FEDERAL LOANS
The Federal Congress has passed the Servicemen's Read-
justment Act of 1944, commonly referred to as the G. L Bill
of Rights. State banks and trust companies apparently have
sufficient legislative authority to carry out the purposes of
this act. However, legislation may be necessary to remove
the present statutory restrictions applicable to savings banks
and safe deposit institutions, mortgage loan companies, build-
ing and loan associations and insurance companies to enable
these institutions to come under the provisions of this act.
Since thousands of veterans have been and are being dis-
charged in Missouri all possible steps should be taken to
facilitate and expedite the making of loans by our lending
institutions to deserving veterans under this act.
SURPLUS PROPERTY
There is available to the State of Missouri from various
agencies of the Federal government certain materials, supplies
and equipment which are known as surplus property. This
surplus property can be used by the State, its institutions,
agencies and political subdivisions- Missouri has no statu-
tory authority to receive or accept this surplus property. If
Missouri is to participate in this program then proper legis-
lation must be enacted.
Your attention is also directed to the War Mobilization
and Reconversion Act of 1944 which authorizes the Federal
Works Administrator to make advances to states, their agen-
cies and political subdivisions to aid in financing the cost of
plan preparation preliminary to the construction of public
works, and I recommend that le^Wation be enacted to take
advantage of this law.
AVIATION
We must anticipate, because of the immense impetus
given to the development of aviation by this war, that the
postwar period will bring to tibds nation & phenomenal develop*
18 MESSAGES AND PROCLAMATIONS OF
ment of peacetime, commercial aviation. Missouri must be
in the lead in the recognition of this development. I recom-
mend the enactment of legislation to insure adequate laws for
the establishment, zoning, and regulation of airports and for
the development of aviation facilities and traffic.
HIGHWAY CONSTRUCTION
Under an act, recently passed by Congress and signed by
the President, which became effective in December, there will
be available to Missouri in the postwar period for highway
purposes approximately $43,000,000.00. One of the require-
ments of this Federal Act is that the money be matched on
a fifty-fifty basis by the state or local subdivisions.
It is my information that the State Highway Commission
has a backlog in excels of $12,000,000.00 which, with the
anticipated highway funds for 1945 and 1946, will enable the
Highway Commission to obtain from the Federal Government
approximately $14,000,000,00 each year for 1945 and 1946.
This Federal Act will involve more money than has for-
merly been available from Federal sources and I suggest that
your appropriations be made with this in view.
I direct your attention to the fact that 54% of Missouri
farmers still live on dirt roads. Our present highway system
should be extended and roads constructed so this large number
of Missourians may have access to improved roads.
AGRICULTURE
There must always be steady progress in agriculture, the
primary source of the wealth of our State and the basis for
the livelihood of most of our people. Soil and water, forests
and other renewable natural resources, must be conserved and
their uses improved. Even though Missouri farm products
are now generally of the highest quality, we should look
toward greater improvement. We must strive to maintain
equality between producer and consumer, and utilize every
means to enhance our competitive position in the markets of
the country. We should encourage all responsible organisa-
tions and movements devoted to the welfare of agriculture.
Research for the better use of the soil tad its products, the
GOVERNOR PHIL M. DONNELLY 19
teaching of progressive and practical advancements in agri-
culture must always be encouraged and stimulated.
All of these basic conditions for prosperous farming are
of vital interest to this State and are of vital concern to this
administration. They can be assisted by your legislative
action.
FLOOD CONTROL
Missouri is one of the states in the Missouri River Drain-
age Basin, and, therefore, has a vital interest in the Federal
Government's plan for utilization of the water resources of
the Missouri Valley and for related developments and improve-
ments. The 1944 Federal Flood Control Act enacted only a
few weeks ago carries authorization for a vast program of
improvements for flood prevention, irrigation, navigation,
electric power generation, and other applications of controlled
water for the benefit of the people. This involves construction
of dams, reservoirs, irrigation works, levees and other projects.
The possibilities offered by this program for stabilizing and
improving the economy of our State and for opening up post-
war jobs and business opportunities for our citizens merit
your consideration. The flood prevention feature of this
valley-wide program is of high importance to the people of
Missouri*
This should be carried out in a way that will bring the
greatest benefits to our State, to the region and to the nation
as a whole, and, therefore, it is suggested that this General
Assembly give this entire subject its serious consideration, and
if necessary enact legislation to cooperate with the Federal
government.
INTERSTATE COOPERATION
We number our neighbors now, not by the families who
live next door, on the adjoining farm or in the same apartment
building, but by states and even nations. Missouri has been
backward in some of her laws permitting cooperation between
states, and I recommend that this General Assembly study
needed legislation to permit Missouri to cooperate with her
sister states and to join in councils of states on matters ol
•vital interest to all
20 MESSAGES AND PROCLAMATIONS OF
CONCLUSION
I realize full well the responsibilities, trials and ambitions
which you as legislators have. For years I have faced the
problems which you are now facing. It has been my privilege
in both the House and in the Senate to sit in the councils of
the committees and to work with the members. I know most
of you personally and have worked with you on various prob-
lems of the State. As a former member of the appropriations
committee I know of the demands that pressure groups will
make upon you. I am pledged to the people of Missouri to
see that we have an economical as well as an efficient adminis-
tration and I intend to keep that pledge. With your help
we can give the State a government of the highest type, with-
out impairing the efficiency of the service,
If occasion should arise where I can be of assistance to
you, I trust you will feel as free to call upon me as I want to
feel in discussing matters with you. Together we can form a
team of the executive and legislative branches which will
inspire in the minds of the people confidence in and respect
for government.
And now, as we enter this biennium with all its tasks, its
problems and its opportunities, let us enter it together, know-
ing that while we are assembled here our sons, our daughters,
our kinsmen and our friends are giving their iifeblood that we
may enjoy free government. Let us vow with each other
that we shall be true to them. Let us forget prejudices and
petty issues, and devote our energies to the imperative needs
and problems with which we are confronted.
To this end, and because through the progress which we
initiate, our returning sons and daughters may find the fullest
economic opportunity awaiting them in their old home State,
I pledge to you my fullest cooperation, my best wishes aa4
my friendship,
[PHIL M. DONNELLY,]
GOVERNOR PHIL M. DONNELLY 21
FIRST BIENNIAL MESSAGE
JANUARY 8, 1947
From the Journal of the House of Representatives, pp. 15-27
To the Senate and House of Representatives of the Sixty-fourth
General Assembly:
In my inaugural address, delivered to the members of the
Sixty-third General Assembly two years ago, I urged that the
executive and legislative branches of the State government
work together as a team to accomplish our tasks. I repeat
that proposal today and pledge again my fullest cooperation
in promoting a sound and business-like administration of the
affairs of this great State. Let us advance the interests of
Missouri in the days to come in that spirit of mutual help-
fulness.
Under the Constitution, at the commencement of each
session of the General Assembly it is the duty of the Governor
to give to the General Assembly information as to the state
of the government an,d also to recommei^d for consideration
such measures as he shall deem necessary and expedient. In
accordance with that mandate I wish to submit the follow-
ing information, and to make certain suggestions and recom-
mendations.
REVENUE
The State of Missouri is in a sound financial condition*
The cash balance in the State Treasury as of June 30, 1946,
was $22,475,720,81; the estimated receipts for the fiscal year
ending June 30, 1947, are $82,531,070,00, making a total of
$105,006,790,81, There was paid out of the 1945-1946 appro-
priation during this fiscal year $1,483,366.19; there was trans-
ferred to the post war fund during this fiscal year $12,000,-
000,00; the appropriations for 1946-1947 out of the general
revenue fund amount to $49,438,162.43; the estimated amount
set aside to the school fund is $27,405,690,00, making a total
of $90,327,218*62, which deducted from $105,006,790.81 will
leave an estimated balance as of June 30, 1947, of $14,679,**
57Z19,
22 MESSAGES AND PROCLAMATIONS OF
While the cash balance in the State Treasury in all funds
on December 31, 1946, was $84,809,967.89, it must be remem-
bered that most of this is already earmarked, and that the
cash balance to the credit of the Revenue Fund on that date
was $13,181,353.95.
The present estimate of State revenue for the 1947-1949
biennium, as compiled by the Budget Department from esti-
mates of revenue submitted by the various collecting agencies,
is $103,316,344.05. The budget has not been finally approved,
but it has been tentatively approved for $101,892,916.00.
POST WAR FUND
With reference to the post war fund, there was a balance
as of June 30, 1946, of $18,000,000.00. The transfer to this
fund from the State Revenue Fund during this fiscal year of
$12,000,000.00, makes a total of $30,000,000.00, Appropria-
tions in the sum of $6,829,500.33 were authorized out of this
fund; there was also transferred from this fund to the County
Aid Road Fund $2,000,000.00, making a total of $8,829,500.33*
This leaves an, estimated balance in this fund as ol June 30,
1947, of $21,170,499.67,
I recommend that the General Assembly resist all efforts
to raid this surplus fund. It should be preserved as a sacred
trust against the day of need and the unforeseen emergencies
of the future.
HIGHWAY FUNDS
Under the provisions of the Federal Aid Highway Act of
1944, approximately $28,750,000*00 was made available for
the two years following July 1, 1945. Approximately $4,500,-
000.00 available from previous appropriations, not expended
because of wartime restrictions upon construction, increased
the total available Federal funds to $33,250,000,00. By Janu-
ary 1, 1947, this amount was reduced to approximately $25,-
250,000.00 by construction work amounting to $16,000,000*00
and requiring the use of $8,000,000.00 Federal funds* The
present balance of $25,250,000.00 must be matched by the
State. Another $14,000,000*00 of Federal funds will become
available July 1, 1947, which also must be matched by the
State, making a total to be matched of $39,2SQ»000,0Q* Be-
cause of Federal restrictions upon construction and shortages
GOVERNOR PHIL M. DONNELLY 23
of labor and materials, construction was almost completely
abandoned during the war, resulting in the accumulation of a
reserve fund of about $18,500,000.00, which is now available
to match Federal aid funds. Only the existence of this reserve
fund will enable the State to match Federal funds during the
biennial period beginning July 1, 1947, as net highway reve-
nues will not be sufficient for that purpose.
RECOMMENDATIONS
I call your attention to Section 25, Article IV, of the 1945
Constitution which reads as follows: "Until it acts on all the
appropriations recommended in the Budget, neither House of
the General Assembly shall pass any appropriation other than
emergency appropriations recommended by the Governor."
In view of the fact that the Sixty-third General Assembly
made no appropriation for the contingent expenses of the
Sixty-fourth General Assembly for the period commencing
January 8, 1947, and ending June 30, 1947, I recommend that
there be appropriated out of the State Treasury, changeable
to the General Revenue Fund, for the expenses of the Senate
of the Sixty-fourth General Assembly for the period January
8, 1947, to June 30, 1947, inclusive, the sum of $50,000.00;
and for the contingent expenses of the House of Representa-
tives of the Sixty-fourth General Assembly for the period
January 8, 1947, to June 30, 1947, inclusive, the sum of
$75,000.00.
Numerous suggestions have been made by various depart-
ments of the State government with reference to changes in
the statutes relating to their respective departments. It is
anticipated that many of the suggestions will be submitted
to you for your consideration and such, if any, action you may
deem proper. As many of these suggestions are detailed and
would require much time for discussion, no further mention
of them will be made in this message.
In view of the fact that I made a number of suggestions
to the Sbcty-third General Assembly in messages in regard to
corrections which should be made in the statutes enacted by
that General Assembly, I respectfully call your attention to
those messages with recommendation for such action, if any,
as you may deem proper*
24 MESSAGES AND PROCLAMATIONS OF
BUILDING PROGRAM
As a member of the State Senate of the Sixty-second
General Assembly, I introduced Senate Bill No. 121, provid-
ing for the erection and construction of a State Office Build-
ing in Jefferson City, Missouri, in order that suitable office
facilities might be available for the various branches of the
State government. A number of the members of the Sixty-
fourth General Assembly were members of the Sixty-second
General Assembly and voted for that bill. Additional office
space was necessary at that time due to the fact that the
employees of the Unemployment Compensation Commission
were housed in a building that was not satisfactory, and a
number of other departments of the State government were
housed in buildings in Jefferson City for which they were pay-
ing rent. Those conditions have become more critical since
1943, I, therefore, recommend that this General Assembly
appropriate sufficient funds for the erection of a State Office
Building in Jefferson City, Missouri, in accordance with the
provisions of Senate Bill No. 121 of the Sixty-second General
Assembly, found in Laws of Missouri, 1943, at pages 825 to
830, inclusive,
I recommend that this General Assembly consider the
erection of an appropriate Memorial Armory building irx Jeffer-
son City, Missouri, to provide for State military needs and to
contain a museum to house the standards, colors, trophies,
records, relics, and mementos of all past wars in which Mis-
souri citizens have been engaged. Such a structure, noble
in design and adequate to its purpose* will be a fitting tribute
to our heroic dead, while serving the practical purposes of the
present and the future.
The Sixty-third General Assembly enacted Senate Com-
mittee Substitute for Senate Bill No. 44, providing for the
appointment by the Governor of a commission to make a
study of the facilities of the Missouri State School at Marshall;
to study the proper type of building or buildings for that
institution; to consider the acquisition of an additional site
for another institution to be established for similar purposes;
to study the proper type of building or buildinp to be erected
on said additional site; to determine the cost of constructing
and equipping such institution or institutions; and requiring
GOVERNOR PHIL M. DONNELLY 25
a report of such study to the Governor and the General Assem-
bly and providing for recommendations by the Governor.
A report of the study of the Missouri State School by the
commission so appointed was made, printed, and delivered
to the members of the Sixty-third General Assembly. Copies
of this report will be delivered to the members of the Sixty-
fourth General Assembly. A survey of the buildings at the
Missouri State School at Marshall has also been made by the
Director of Public Buildings. I suggest that you give serious
consideration to the recommendations contained in the report
of the committee appointed as aforesaid, and also the report
of the Director of Public Buildings, and I recommend that
appropriations be made by this General Assembly for the
construction of buildings recommended in said reports.
ELEEMOSYNARY INSTITUTIONS
In my inaugural message to the Sixty-third General
Assembly I stated:
"Many problems arise from the operation of our eleemosy-
nary institutions. They ate the fault of an antiquated
system. Some of the problems have existed for years.
Overcrowding, limitation of vitally needed facilities, under-
paid and inadequate staffs, all add to the problem con-
fronting us in the administration of eleemosynary affairs.
"We may soon be called upon to distinguish between
custodial care for senile patients and the necessity of
emphasizing curative treatment for those who may be
completely restored to mental health. ... I suggest
that this General Assembly, through appropriate com-
mittees and with the assistance of the Committee on
Legislative Research, make a factual study of the admin-
istration and operation of the penal and eleemosynary
institutions to the end that legislation may be enacted to
remedy conditions found to exist/*
No such factual study was made.
Our State hospitals are overcrowded and have waiting
lists* An appropriation will be requested of this General
Assembly for infirmary buildings at State Hospital No, 2 at
St* Joseph; State Hospital No. 3 at Nevada; and State Hospital
26 MESSAGES AND PROCLAMATIONS OF
No. 4 at Farmington. These requests for appropriations for
additional infirmary buildings emphasize what I stated in my
inaugural message, "We may soon be called upon to distinguish
between custodial care for senile patients and the necessity of
emphasizing curative treatment for those who may be com-
pletely restored to mental health." Before these appropria-
tions are made, I recommend a re-study of the entire State
Hospital situation. Said study should include the manner of
admission of patients to such institutions; staffing of such
institutions, as to their attendants and physicians; informa-
tion in regard to the physical set-up of the institutions, includ-
ing the adequacy or inadequacy of buildings and equipment;
in fact, a general survey of the institutions. One of the pres-
ent causes of the overcrowded conditions at our hospitals is
the practice of sending senile people to these institutions who
are not mental cases as such and who formerly were kept in
county homes. This has been done to a great extent by the
counties because they have been able to send these people to
the State Hospitals at a cost of $6.00 per month per patient
This present cost of $6.00 per month to the county represents
only a small fraction of the actual cost and is cheaper than the
county itself can support them. This has resulted in over-
crowding the State Hospitals and has caused long waiting
lists of patients, some of whom are genuine mental cases who
might possibly be cured if they could be received and treated
in a State Hospital
I recommend that this General Assembly amend Section
9328 of the Revised Statutes of Missouri, 1939, as amended
by Senate Bill No, 284 of the Sixty-third General Assembly,
by striking out the provision of $6,00 per month per patient
contained therein and inserting in lieu thereof the sum of
$25,00 per month per patient, or some amount that will be
more in proportion to the actual cost of maintaining a patient
in the State Hospitals.
I believe that drastic changes should be made in the
operation of our State Hospitals to the end that they cease
to be custodial institutions for senile people and that more
emphasis be laid on treating those who are mentally ill.
I recommend that serious consideration be given to
amending the law in regard to the qualification of the super-
intendents of the State Hospitals. The present law requires
GOVERNOR PHIL M. DONNELLY 27
the superintendents to be skilled in the practice of medicine
and in the treatment of mental diseases. The superintendents
also have complete charge, control, and management of the
entire institution. It is doubtful whether a physician who
acts as superintendent should also be the business manager.
I believe the business management of each hospital should
be in charge of a layman, and each physician should give his
entire time and attention to the patients.
It is my intention to approve appropriations for nec-
essary additions, repairs, replacements, and for operations, in
order to improve the State Hospitals.
TRAINING SCHOOLS
In order to make possible a modernization in buildings,
equipment and program at the Training School for Girls at
Chillicothe, the Training School for Negro Girls at Tipton and
the Training School for Boys at Boonville, I offer the follow-
ing suggestions for your consideration:
At the present time there are thirty-one (31) girls at the
Training School for Girls at Tipton. At times there have
been less than this number. I suggest that the Negro girls
at this institution be transferred to the Training School for
Girls at Chillicothe. Housing facilities for these girls at the
Training School for Girls at Chillicothe can be provided at a
cost to the State that will not be excessive.
The Training School for Boys at Boonville is situated on
603 acres of land already owned by the State. It has one of
the most outstanding dairies in the State. There are several
usable buildings, including a fine gymnasium. Some of the
present buildings could be economically remodeled for voca-
tional and other uses; others could be eliminated entirely and
it is my thought that with a minimum expenditure this insti-
tution could be modernized for the older juvenile group of
boys*
It is my conviction that the institutions for the younger
boys and the older boys should be separate, and the younger
boys completely separated from the influence and contacts of
the older boys. It is my opinion that the older boys should
be kept at the Boonville institution and this institution mod*
eraiaed for this purpose; and the institution at Tipton should
28 MESSAGES AND PROCLAMATIONS OF
be modernized in every particular and the younger boys
transferred to this institution.
In offering these suggestions I have considered the type
of children who are committed to the Training School for
Boys at Boonville. They range from children of eight and
nine years of age who are committed primarily because of
neglect in their homes. These children are not essentially
incorrigible but need the guidance and the discipline com-
parable to that of a model home life. At the other extreme
are boys sixteen to seventeen years of age, who, because of
a lack of training have become potential criminals. It is
impossible to adjust many of them to normal social attitudes.
With reference to the boys who would be committed to
the Tipton institution, it might be advisable to amend our
laws so that those committed to the Tipton institution would
be on an indeterminate sentence, and that the maximum com-
mitment age to the Tiptoix institution would be placed at
thirteen or fourteen years of age.
At present there are 365 boys at the Boonville institution.
There were as many as 491 at one time last year. On the
present basis this would mean there would be approximately
100 boys transferred to the Tipton institution and there
would be approximately 265 boys remaining at the Booaville
institution.
I realize that a new power plant and other improvements
are needed at the Boonville institution, but this expenditure
will be necessary regardless of what this institution may be
used for,
I believe that great good can be accomplished by some
practical arrangement as above suggested and it will not
involve an unreasonable expenditure of money,
I recommend that legislation be enacted authorizing the
Director of the State Board of Training Schools, with the
consent of the Governor, to transfer to the Penitentiary or
to the Intermediate Reformatory for Young Men at Algoa
inmates of the Training School for Boys at BoonviUe, who,
subsequent to their committal to that institution, shall be-
come incorrigible and whose presence in the institution appears
to be seriously detrimental to the welk*bemg of the other
inmates of the Institution, Each person so transferred to the
Penitentiary or to the Intermediate Reformatory for Young
GOVERNOR PHIL M. DONNELLY 29
Men should be kept there subject to the rules and discipline
thereof until they become eligible for release.
Our present statutes in regard to inmates escaping from
the penal institutions of this State are inadequate. Sections
4306, 4307, and 4308, Revised Statutes of Missouri, 1939,
govern inmates escaping from the penal institutions. The
present statutes do not make it a crime to escape from Algoa,
the Training Schools for Girls and the Training School for
Boys. In view of the present statutes it is impossible to extra-
dite an inmate from another state to which he or she has fled.
I recommend that legislation be enacted to broaden the scope
of the present statutes so that they will include the escape of
any inmate from the State Penitentiary, Prison Farms, Inter-
mediate Reformatory for Young Men at Algoa, Training
School for Girls at Chillicothe, Training School for Negro
Girls at Tipton, and the Training School for Boys at Boon-
ville, either while confined therein or while permitted to be
at large as a trusty. If it were made a crime to escape from
any of the institutions above mentioned I believe many
escapes would not be undertaken,
UNIFORM STATE LAWS
I recommend that the General Assembly give careful
consideration to the uniform or model acts which were tenta-
tively approved by the Missouri Commissioners at the Na-
tional Conference of Commissioners on Uniform State Laws
which was recently held at Philadelphia. I direct attention
to the fact that the General Assembly should study the enact-
ment of uniform legislation in order that Missouri may co-
operate with her sister states and join with the Council of
State Governments on matters of vital interest to all.
FLOOD CONTROL
In a message to the Sixty-third General Assembly I
called to the attention of the General Assembly some of the
problems that confront our State in connection with the de-
velopment ol the Missouri River Drainage Basin under the
1944 Flood Control Act of Congress. It was mentioned then
that the progress of the development by the Federal agency
would bring possibilities and opportunities for post war jobs
as weU as business opportunities for our citizens.
30 MESSAGES AND PROCLAMATIONS OF
We are now in the post war period and I again recom-
mend to you that you give consideration to the need for legis-
lation that may be advantageous to our State in the carrying
out of these plans for the development of the Missouri River
Valley. During the past year the Federal government has
initiated the construction of a number of dams in the upper
areas of the Missouri River, some of them for irrigation and
reclamation purposes as well as for flood control and naviga-
tion. The three major dams on the main course of the river
are at Garrison in South Dakota and Oahe and Fort Randall
in South Dakota. It is my understanding that the Federal
agencies plan to carry out this work as rapidly as funds are
provided by the Federal government for the construction of
projects provided under the plan. As these works progress
and are completed it will bring this comprehensive system
nearer to our State. We should be prepared for this and our
legislation should provide for securing all the benefits that
may accrue to our State.
During the past year I have declined to approve the con-
struction of four dams that were proposed for construction in
this State. These were to be located at Pattonsburg, Hickory,
and Osceola, which are in the Missouri River Drainage Area;
and at Waco in Southwest Missouri, outside the Missouri
River Drainage Area. I intend to approve the construction
of the dam proposed on the Pomme DeTerre River.
There may be need for legislation on a statewide, com-
prehensive basis providing rights-of-way and easements for
levees and other work along the rivers and streams in Mis-
souri when it is proven that the construction of such works
are to the advantage of our citizens as well as our neighbor-
ing states, and when it is shown that the overall benefits to
be received from such developments are greater than the
damage that would result from such construction.
Your attention is also called to the report of the committee
of the Sixty-third General Assembly which made a study of
the Tennessee River Valley and the Missouri River Valley,
In that report, dated November 28, 1945, it is noted that
this committee made recommendations for further study of
the Federal plan for the development of the Missouri River
Basin as provided for under the 1944 Flood Control Act, aud
found that there is need for basin-wide control, development,
GOVERNOR PHIL M. DONNELLY 31
and utilization of the water resources of the Missouri Valley.
I recommend that you give consideration to the recommenda-
tions of that committee in connection with flood control
problems.
It is suggested that this General Assembly give further
serious thought to problems pertaining to the conservation of
our soil, preservation of our wild life, adequate flood control,
and the erection and maintenance of structures where nec-
essary that will bring the greatest good to our State and enable
us to cooperate with the Federal government in carrying out
sound programs of flood control on our streams.
UNDERGROUND WATER RESOURCES
The underground water resources of Missouri are of vital
importance to everyone, and the proper development and
conservation of these resources is essential to the State's
progress.
In certain, localities, such as Columbia, Lebanon, Spring-
field, Carthage, Joplin, and Rolla, the existing ground water
supplies have been developed to a point where detailed inves-
tigations should be made to determine what possible conser-
vation, measures should be taken to permit the fullest utiliza-
tion of the available water.
In other localities, such as St. Glair, Fredericktown, Mans-
field, Mountain View, Jefferson City, Sedalia, Warrenton, and
Troy, it has not been possible to develop large supplies of
ground water by established practices.
Only a few years ago it was possible to develop farm wells
at shallow depths* With the modernization of farm houses
and the greater use of water for livestock and dairies, farm
wells are now being drilled to greater depths and in many
areas existing farm wells have had to be deepened*
There are areas in the State, such as at Vandalia, Mar-
shall, and in St. Louis County, where fresh waters are found
at shallow depths, and sulfosaline waters at greater depths,
In such areas there have been cases of contamination where
the deeper waters rose in a well into the fresh water zones
due to improper casing and plugging. In the mining district
of southwestern Missouri artesian wells were not properly
cased and tremendous water resources were lost through
32 MESSAGES AND PROCLAMATIONS OF
pumping during mining. The State Geological Survey has
accumulated much data on the occurrence of underground
water and the Survey has been of great assistance to munic-
ipalities, industry, an,d agriculture in solving water supply
problems. But with the ever-increasing demands for water,
particularly by industry, there is now a greater need for ex-
pansion of the Geological Survey's ground water studies with
the utilization of modern, specialized equipment and tech-
niques. To this end I recommend the appropriation of funds
necessary to inaugurate a broad program of research in ground
water to permit the proper development and conservation of
this essential natural resource.
FEDERAL FUNDS FOR AID TO THE NEEDY BLIND
Title X of the Federal Social Security Act, as amended,
provides for grants to states for aid to the needy blind, Mis-
souri is one of three states in the nation which does not qualify
for aid to the blind under this Federal program. The Mis-
souri Blind Pension program is operated entirely from State
funds provided by a tax of three cents on the one hundred
dollar valuation of all taxable property, and eligibility for
pensions under this program is limited to those blind persons
who are unable to distinguish the motion of a hand at a dis-
tance not greater than one foot from the eye. For those
persons who meet this visual test and other requirements of
the State law, a blind pension amounting to $30.00 per month
is paid. There are many needy persons with impaired vision
who are unable to earn a living, and who are known as the
economic or industrially blind. These persons do not qualify
for assistance under the State program, due to the require-
ment of almost total blindness* A Federal-State program of
aid to the needy blind would provide grants to the indus**
trially blind, as well as to those at present on State blind
pension rolls, who could qualify on the basis of need, up to a
maximum of $45*00 per month. Federal funds are available
through the Social Security Administration on the same basis
as for the old age assistance program. The Federal govern**
ment will pay $10*00 of the first $15*00 granted to a person
qualifying for aid to the blind and wiU match state funds
thereafter up to a maximum of $45*00, In other words, on
GOVERNOR PHIL M. DONNELLY 33
a $45.00 grant, the Federal government would pay $25.00 and
the State's share of the grant would be $20.00. I recommend
that the Sixty-fourth General Assembly enact legislation that
will enable the State of Missouri to qualify for Federal aid
.to the needy blind under Title X of the Social Security Act,
as amended.
The Sixty-third General Assembly enacted House Bill
No. 190 amending Section 9452, Revised Statutes of Missouri,
1939, providing that blind persons shall receive a pension of
$360,00 per annum payable monthly, and providing that after
June 30, 1947, said pension shall be $300.00 per annum pay-
able monthly.
If this General Assembly does not enact legislation to
enable the State of Missouri to qualify for Federal aid to the
needy blind, as above suggested, then I recommend that the
proviso in Section 9452 be amended to extend after June 30,
1947, to such time as the General Assembly may deem
advisable.
ADMINISTRATION
Due to a change in Federal legislation which became
effective October 1, 1946, the Division of Welfare will receive
approximately $100,000*00 less Federal money for adminis-
trative expenses during this fiscal year than was anticipated
when the Sixty-third General Assembly passed the adminis-
trative appropriations. This presents a serious problem with
respect to administration of the welfare programs. The
reduction in Federal funds for this fiscal year will necessarily
curtail the services which the Division of Welfare can render
to the needy aged, dependent children, and those on relief
rolls* It is my recommendation that the Sixty-fourth General
Assembly provide additional funds for administration of the
welfare programs for this fiscal year in an amount which will
give the Welfare Division as much money for administration,
as would have been received had there been no change in the
Federal Social Security Law-
Am TO DEPENDENT CHILDBEN AND GENERAL BELIEF
Appropriations for aid to dependent children and general
relief lor the current fiscal year are not sufficient to meet in
fuU the needs of persons eligible for assistance tinder these
34 MESSAGES AND PROCLAMATIONS OF
programs, and consequently it has been necessary to reduce
monthly grants for such persons to a point far below the
amounts determined to be needed on a basis of decency and
health as provided by State law. I recommend that the
Sixty-fourth General Assembly give serious consideration to
an appropriation for additional funds for this fiscal year to
enable the Division of Welfare to meet the needs of dependent
children within the limits of the maximum grants established
by Federal and State statutes, and to make grants to unem-
ployable persons on relief rolls on a basis of decency and health
as provided by State law.
ESCHEATS
In 1941 the General Assembly enacted a statute (Section
5985 A, Laws of Missouri, 1941, page 396) which provided that
all funds remaining in the hands of the Superintendent of
Insurance from impoundments in any rate review case, the
owners of which could not be found or located, should escheat
and vest in the State of Missouri. This statute is effective as
to any funds which are in the hands of the Superintendent of
Insurance for distribution to policyhojders. However, the
statute is not broad enough to cover funds not in the hands
of the Superintendent of Insurance and which belong to policy-
holders who cannot be located* There is now impounded in
the Federal Court for the Western District of Missouri a large
fund which has been adjudged by that Court to belong to the
policyholders from whom it was collected. This fund is in
the custody of a custodian appointed by the Federal Court,
and said custodian is undertaking to locate the policyholders
entitled to said fund and is distributing the fund under orders
of the Federal Court, However, it is apparent from the fact
that the rate litigation has been in progress in the Federal
Court for nearly sixteen years and from the history of dis-
tributions of similar funds, that the custodian appointed by
the Federal Court will not be able to distribute aU of said
fund* The result will be that there will be a large fund left
in the custody of the Federal Court which belongs to parties
who cannot be located*
The distribution of approximately $8»265,0G0,00 to the
policyholders of Missouri began about August, 1944. At the
present time the custodian of the fund for the Federal Court
GOVERNOR PHIL M. DONNELLY 35
has mailed checks to policyholders totalling approximately
$5,000,000.00. Checks amounting to approximately $1,000,-
000.00 have not been cashed. There still remains approxi-
mately $3,000,000.00 which the custodian is now attempting
to return to the policyholders. As time goes on it becomes
more difficult to find the policyholders.
I am advised by the Attorney General that the common
law on escheats in Missouri is not well enough defined to
effect the escheating of this undistributed fund to the State
of Missouri and also that the present escheat statutes of the
State are not sufficiently broad to cover funds of the type now
impounded in the Federal Court as above mentioned. Unless
proper legislation is passed, I am advised that said funds may
eventually be transferred to the United States Treasury and
be lost to the State of Missouri. Since the fund was collected
principally from citizens of Missouri and all from insurance
business carried on in Missouri, this State should have first
claim to such portion of said funds as cannot be returned to
its proper owners.
In view of this situation, I recommend that the General
Assembly enact proper statutes to provide for the escheating
to the State of Missouri of funds such as those described.
STRIKES
During recent years labor has won many long overdue
rights to which they were entitled. The right of employees in
private industry to organize and bargain collectively through
representatives of their own choosing is recognized by law
and should be preserved. But all rights carry with them
corresponding responsibilities and duties* Labor unions should
recognize and live up to these responsibilities, and should be
held legally responsible for their contractual obligations. In
addition I recommend that legislation be enacted to prevent
labor strikes which affect the lives, health, or safety of the
general public, or challenge the sovereignty of the State
government,
EMERGENCY APPROPRIATION
In view of the recent controversy which the State of Mis-
souri has had with the Labor Department at Washington
relative to the transfer of the Employment Services to Mis*
36 MESSAGES AND PROCLAMATION'S OF
souri, I suggest that an appropriation be made to the Gover-
nor to be used for emergency purposes in case some department
of the Federal government should arbitrarily cut off Federal
funds from the State of Missouri, in which event this emer-
gency fund so appropriated could be used to carry on the
functions of State government until the controversy could be
adjusted.
AGBIGULTURE
I recommend that legislation be enacted revising our laws
pertaining to the interstate and intrastate movement of live-
stock and poultry in order to cope with present day transpor-
tation methods. This State is serving as a dumping ground
for diseased animals from border states due to some of the
exemptions written into the present statutes. A strengthen-
ing of the quarantine provisions of our statutes, in order to
exercise better control of the transportation and sale of dis-
eased animals is desirable.
I suggest that funds be appropriated to the Agricultural
Extension Service, the Agricultural Experiment Station, and
the State Department of Agriculture, in order to permit these
agencies to cooperate with the Federal government in a com-
prehensive and coordinated program of marketing research
and marketing service under the provisions of Public Law 733,
known as the Hope-Flanuagan Agricultural Marketing Bill.
Soil improvement is a most important topic in the minds
of farm people in Missouri today. All agencies. Federal,
State, and private, should be urged to join hands with farm
owners in this very successful program. Enabling legislation
that will encourage or expedite such a program is timely*
It is recommended that further encouragement be ex-
tended to rural communities in the building and improvement
of Farm-to-Market Roads. It is estimated that the volume
of rural automobile travel in the United States will increase
between forty and fifty per cent within the next fifteen years,
Missouri should prepare for this expansion. Adequate funds
should be provided by the General Assembly to implement
rural road building programs,
MOTOE VEHICLE LAWS
I recommend that Chapter 45t Revised Statutes of Mis*
souri, 1939, relating to motor vehicles, be amended to provide
GOVERNOR PHIL M. DONNELLY 37
for the compulsory periodic inspection of all motor vehicles
licensed and operated in the State of Missouri to determine
the mechanical fitness of the vehicle and of the safety devises
[devices] required, as set forth in Sections 8386 to 8390, inclu-
sive, Chapter 45, Revised Statutes of Missouri, 1939.
I recommend that Chapter 45, Revised Statutes of Mis-
souri, 1939, relating to the Motor Vehicle Law and the Driver's
License Law be amended to provide that no license shall be
issued to any applicant to drive a motor vehicle on the high-
ways of this State who has not successfully passed a prescribed
driver's examination.
In view of the fact that confusion exists in the definition
of a chauffeur and a registered operator in Section 8372, as
reenacted and Section 8373, Chapter 45, Revised Statutes of
Missouri, 1939, I recommend that said statutes be amended
so that the registered operators shall be included in Section
8372 which provides for the registration of chauffeurs, or that
the registration of operators be discontinued and that those
persons who now come under the provisions of Section 8373,
Chapter 45, Revised Statutes of Missouri, 1939, be required
to have only a driver's license,
I realize that some persons have criticized our Driver's
License Law. They claim the present law has no "teeth."
The fact is that the present Driver's License Law has pro-
visions which are so strict that the prosecuting attorneys
charge the violator with a lesser offense instead of enforcing
the strict provisions of the statute. I know how difficult it
was to pass the present Driver's License Law at the 1937
Session of the General Assembly. I believe that the present
law can be so amended that better enforcement will result
and that traffic accidents on the highways will be greatly
reduced.
I suggest that serious consideration be given to a system
of staggered permanent registration of motor vehicles* This
will do away with a volume of registrations at the first of each
year; reduce the cost of administration; and reduce the cost
of materials used in processing the license tags.
EDUCATION
The condition of our schools should have the continuing
concern of the General Assembly* The war created many
38 MESSAGES AND PROCLAMATIONS OF
new problems for education. Many of our institutions of
learning are crowded to capacity. Thousands of veterans
exercising their rights under Federal legislation have returned
to the classroom. Courses of study, instructional staffs, hous-
ing, and school facilities of all kinds have felt the impact of
these conditions. Consideration should be given to the needs
brought about by these conditions.
Under the authority of the 1945 Constitution, and Senate
Bill No. 256 passed by the Sixty-third General Assembly, the
supervision of instruction in the public schools of Missouri is
now vested in a State Board of Education. One of the duties
of that Board, as provided in said bill, is "to cause to be
assembled such information relative to the public schools in
the State as will reflect continuously their condition and
management." This Board of Education is now functioning
and will, no doubt, submit reports of its studies. It is recom-
mended that the General Assembly consider these reports and
initiate such action as may be deemed appropriate and nec-
essary to the end that education in Missouri may be kept
abreast of the times.
VETERANS
Missouri's concern for the war veteran is evidenced by
the manner in which State resources, facilities, and institu-
tions have been made available in programs of assistance,
guidance, and training. Service officers throughout the State
maintain contact with the veterans of their locality and thou-
sands of them have been aided in securing all the benefits
which have been granted to them by Federal law, Personnel
of various State departments and institutions are giving of
their time and effort on behalf of the veteran* All of these
State agencies and employees cooperate fully with Federal
agencies, departments, and bureaus and with veterans organi-
zations, in plans and programs of mutual assistance for the
veteran's benefit. These efforts should be continued and
should be adequately supported.
CONCLUSION
In submitting the information, suggestions, and recom-
mendations contained in this message to the members of the
General Assembly, I am deeply conscious of our joint retpon*
GOVERNOR PHIL M. DONNELLY 39
sibility to the people of Missouri. They have elected us to
serve them during a crucial and most important period in our
history. If their welfare and the further advancement of this
great State motivates our deliberations and actions, and if
we strive together to promote the interests of Missouri and
its citizens, surely we can make the coming months a time of
real achievement. In that spirit, I extend once more to the
members of the General Assembly the hand of fellowship and
of friendship. In the words of a great statesman, let us do
the right as God grants us to see the right, and let us be con-
tent with nothing less than our best efforts on behalf of the
State we all love.
PHIL M. DONNELLY,
Governor.
January 8, 1947.
40 MESSAGES AND PROCLAMATIONS OF
SECOND BIENNIAL MESSAGE
JANUARY 5, 1949
From the Jowrnal of the Senate, pp. 19-34
To the Senate and House of Representatives of the Sixty-fifth
General Assembly:
The Constitution requires the Governor at the close of
his term of office to give to the General Assembly information
as to the state of the government and also to recommend for
its consideration such measures as he shall deem necessary
and expedient.
It is in the discharge of this constitutional duty that I
submit to you the following information, suggestions, and
recommendations ;
The State of Missouri is in a sound financial condition.
The cash balance in the State Treasury in the General Reve-
nue Fund as of December 31, 1948, was $21,750,000.00, The
balance in the Post War Fund as of that date was $29,202,-
152.00. The major part of this Fund is earmarked for the
construction of buildings at the State educational, penal, and
eleemosynary institutions. However, it is anticipated there
will be a balance in the Post War Fund as of June 30, 1949,
of approximately Ten Million Dollars.
No reference to the executive budget will be made in this
message. In any year in which a governor-elect assumes
office, the budget shall be the budget of the new Governor
and shall be submitted to the General Assembly by him. This
is required to be done within thirty days after the General
Assembly convenes in each regular session,
When I assumed the duties of Governor we were in the
throes of World War IL It was terminated during the year
1945. Its termination imposed many additional duties and
obligations upon the Governor and departments of the State
government.
In 1945 a new Constitution for Missouri was adopted by
the qualified voters of the State- This imposed many addi-
tional duties upon the Governor and the General Assembly.
GOVERNOR PHIL M. DONNELLY 41
It was necessary for the General Assembly to repeal or amend
many sections of our statutory laws in compliance with the
provisions of the new Constitution; also, in many instances
new legislation was necessary. As a result there were over
one thousand laws enacted to implement the new Constitution.
This is a matter of record and time and space in this message
will not permit comment in regard to all such legislation.
However, it is proper to say that although new departments
of the State government were created and other departments
were consolidated or abolished, the regular business of the
State was carried on during all the period that such changes
were being made.
Now that the reorganization of the State government has
been completed it is my opinion that with adequate appro-
priations and adequate trained personnel the departments of
the State government will be on a more efficient and econom-
ical basis and much benefit will be derived by the taxpayers
by reason of the adoption of the new Constitution,
In my message to the Sixty-third General Assembly
January 8, 1945, with reference to requests for new buildings
and repairs for buildings already erected at the State insti-
tutions, I made the following statement:
"I recommend for your consideration the establishment
of a State agency . . * where experienced personnel
would have charge of the erection of new buildings and
the repairing and remodeling the buildings already erected.
In this way institutions which are iix need of new build-
ings or which have buildings in need of repair will be
able to have this done and the unneeded construction of
buildings will be prevented. It will also stop the practice
of institutions coming before you competing with each
other for new buildings/'
Such a State agency has not been created* The State is now
engaged in a building program at Missouri University, Lin-
coln University, the Teachers Colleges, the State Colleges,
and the eleemosynary and penal institutions. Appropriations
have been made for the construction of buildings at these
Institutions* However, at the eleemosynary and penal insti-
tutions there is no definite authority provided by law to secure
architectural services, let contracts, and supervise the con-
42 MESSAGES AND PROCLAMATIONS OF
struction of said buildings. The State Purchasing Agent has
no authority to negotiate contracts for the construction of
buildings. I recommend that a building commission be estab-
lished with definite authority provided by law to secure archi-
tectural services, let contracts and supervise, through the
director of the Division of Public Buildings, the construction
of new buildings at the eleemosynary and penal institutions.
Also, that the office of the Purchasing Agent be utilized in
the advertising for bids and the awarding of contracts under
the direction of the building commission.
Advertising for bids for public buildings is controlled by
Section 14939, Revised Statutes of Missouri, 1939. This sec-
tion should be amended so the cost of advertising for bids
may be decreased and a larger number of contractors be given
notice not only through newspapers but also through recog-
nized and established trade publications.
In January, 1945, the buildings and physical property at
the State institutions and farms were badly in need of repair.
Much improvement has been made and I feel that the build-
ings and other physical property at the institutions and farms
are in a good state of repair and that the appropriations for
this purpose have been well spent.
New buildings have been constructed or are under con*
struction at the following institutions on which full detailed
information may be obtained from the Director of Public
Buildings:
Occupational Therapy Buildings are under construction
at each of the four State Hospitals; Infirmary Buildings at
two of the State Hospitals; a new well has been completed
at one Hospital and a well has been contracted for at one
other Hospital; staff cottages are either completed or under
construction at two of the Hospitals; farm buildings, includ-
ing calf bam, farm dormitory, and dairy farm residence, are
being constructed at two Hospitals; store buildings are under
construction at two Hospitals; a garage and machine shop
has been completed at one Hospital; fireproofing one building
at State Hospital No* 4 is under construction; a contract has
been let at Hospital No* 3 for alternations to the Power Plant
Building; Hospital No* 4 has completed an addition to their
Sewage Disposal Plant and work is progressing on utility
GOVERNOR PHIL M. DONNELLY 43
tunnel and lines; additional farm lands have been acquired
at all four Hospitals.
Dormitories are under contract at the Missouri State
Schools and the State Sanatorium at Mt. Vernon.
At the Southwest Missouri State College, Springfield, two
boilers and steam main have been installed; contract has been
let for girls' dormitory. At the Southeast Missouri State
College, Cape Girardeau, a dormitory and a service center
have been completed. At Central Missouri State College,
Warrensburg, a men's dormitory has been constructed and a
recreation and physical education building is under construc-
tion. At Northwest Missouri State Teachers College, Mary-
ville, the heating system has been reconditioned. At the
Northeast Missouri State Teachers College, Kirksville, two
girls' dormitories are nearing completion and one boys' dormi-
tory under contract; library building and boiler room repaired;
lighting system improved.
At the University of Missouri, Columbia, additions and
alterations have been completed to the Veterinary Science
Building ; a Veterinary Printing Building has been constructed;
Women's Dormitory is under construction with cafeteria al-
ready completed; South Dormitory under construction; five
buildings have been completed at the State Forestry Camp.
The following projects have been completed: residence on
South Farm; Garage Warehouse; Underground Electric Dis-
tribution Center; Climatic Laboratory; Residence and Seed
House at Field Crops Experimental Farm at Sikeston; Under-
pass for Students under 9th Street in Columbia; Football field
at the University.
At the School of Mines and Metallurgy, Rolla, power
plant constructed, generators purchased but not installed;
Chemistry Building constructed, and contract let for men's
dormitory*
At Lincoln University, Jefferson City, one Library Build-
ing is under construction*
The Training Schools at Boonvilie and Chillicothe are
constructing dormitories and repairing or building boiler
houses; a reception cottage is under contract at Boonville and
work is under way on the construction of an additional unit
to the present Administration Building,
44 MESSAGES AND PROCLAMATIONS OF
The construction and equipping of a Diesel Electric Plant
at the State Penitentiary is eighty-five per cent complete;
at the Intermediate Reformatory a dairy barn and two silos
have been completed; a machine shed and slaughter house
have been constructed without cost to the State except for
the roofing; two barns, two corn bins, three stock sheds, and
a machine shed have been constructed at the Church Farm
at little cost to the State other than, the metal roofing.
Major repairs consisting of reroofing of the main build-
ings at the Church Farm, reroofing of the wall towers, the
chair factory, and the school building at the Penitentiary;
reroofing of the dairy barn at the Intermediate Reformatory;
a new cooling unit was installed in the dairy at the Inter-
mediate Reformatory, and windows and doors were installed
in one of the dormitories; roofing is on order for the mule
barn at the Intermediate Reformatory,
All of the buildings within the Division of Penal Institu-
tions are in a good state of repair insofar as general building
maintenance is concerned. There are some of the factory
buildings, those in the stockade and the furniture factory,
which are in such condition that they are beyond much im-
provement by general maintenance repairs. These particular
buildings should be torn down and modern factory buildings
constructed to replace them,
The Sixty-second General Assembly authorized the con-
struction of a new State Office Building in Jefferson City
(Laws of 1943, page 825). The Sixty-fourth General Assem-
bly appropriated Two Million Dollars for the construction of
such building (Laws of 1947, Voi 2» page 199). I approved
this appropriation but in so doing pointed out that that part
of the section which attempted to fix the location of such
building on the "State-owned property east of the State Capitol
Building on the north side of Capitol Avenue" was unconsti-
tutional in that it was an attempt to legislate in an appropria-
tion bill As the appropriation did not provide for the pur-
chase of a site and as I was opposed to the erection of the
building at the location designated in the appropriation bill,
no action has been taken on this appropriation.
The site for the new office building has not yet been
determined, I recommend that consideration be given to the
establishment of the new building by the use of the present
GOVERNOR PHIL M. DONNELLY 45
State Highway Building and extensions and additions thereto,
that appropriate transfer of funds be made from the post-war
reserve fund to the State Highway Department fund, and
that the State Highway Commission be authorized to pur-
chase a site and to construct a new State Highway Building
thereon.
After the new building has been completed, I recommend
that the building occupied at this time by the Public Service
Commission be torn down, in accordance with the agreement
made at the time the State acquired said building.
For the accomplishment of these purposes, general legis-
lation, as well as appropriation acts, will have to be enacted
by the General Assembly.
During the fiscal period ending June 30, 1953, approxi-
mately $45,000,000 will be available to the State under the
provisions of the Federal-Aid Highway Acts of 1944 and 1948.
These funds must be matched with State funds and are
required to be expended for construction as follows: 45% on
the primary Federal-aid system, 30% on the Federal-aid sec-
ondary system (supplementary State highways) and 25% upon
the Federal-aid urban area system (cities of 5,000 population
or more). State highway revenues resulting from existing
sources and present rates of levy will not be sufficient to
enable the State to match all Federal funds available and,
therefore, additional State funds must be provided to prevent
the loss of a substantial portion of the Federal allotment.
The State highway system now consists of approximately
17*550 miles, of which 9,100 are supplementary highways.
The State Highway Commission has full authority, under the
provisions of Section 32, Article 4, Constitution of 1945, and
Sections 8767 and 8773, Revised Statutes of Missouri, 1939,
to determine the type and character of construction of all
state highways and to build supplementary state highways of
either a high, intermediate, or low type depending upon the
volume and kind of traffic they are expected to serve. Under
the Constitution the number of additions to the supplementary
State highway system in each of the counties is contingent
only upon funds available or which may be made available
by the General Assembly* In my opinion, the present laws
relating to the commission's authority are adequate and all
that is necessary to enable the commission to accelerate the
46 MESSAGES AND PROCLAMATIONS OF
construction of all types of supplementary state highways is
to provide it with additional funds. Therefore, I recommend
that the General Assembly consider increasing state highway
revenues both for these purposes and to avoid the loss of the
Federal funds mentioned above.
Under the provisions of the County Aid Road Law (Laws
of 1945, page 1471, as amended Laws of 1945, page 1502, and
Laws of 1947, Volume 2, pages 350 and 352), $10,000,000 was
transferred from the Post-war Reserve Fund to the County
Aid Road Fund and $2,000,000 was appropriated for each of
the fiscal years 1947-1948 and 19484949- In the first year's
program $1,498,945.50 was expended upon 1,015 projects,
totalling 2,776 miles, in 102 counties, and apparently the pro-
gram for the current fiscal year will utilize about the same
amount. Reappropriations by this and subsequent General
Assemblies of all unexpended balances in appropriations for
county aid roads will be necessary if the entire original $10,-
000,000 is to be expended for these purposes, and the program
can thus be extended from five years into a six-year program.
It is my belief that there are too many local subdivisions
engaged in the construction and maintenance of roads in Mis-
souri, involving inefficient administration, untrained personnel,
and duplication of effort and equipment. The number of
such agencies should be greatly reduced.
In my opinion, the State Highway Commission should be
made responsible for supervising, directing, and controlling
the construction and maintenance, by the local subdivisions,
of all public roads outside the larger cities, Such super-
vision, direction, and control should be made more extensive
than that provided for in the County Aid Road Law if the
State and the local subdivisions are to receive the maximum
benefits from the State Highway Department's experience
and trained personnel
I call your attention to the enormous loss which accrues
to the State every year from soil erosion and floods* This
loss seriously detracts from the economic well-being of the
citizens of today and will be even more detrimental to the
ecoaomy of future generations unless more adequate measures
are taken to prevent it* In order to determine what measures
are required it is necessary first to conduct technical and
engineering studies of the problem. Accordingly this admin*
GOVERNOR PHIL M. DONNELLY 47
istration set up procedures and initiated those studies. The
studies are based on the principle that soil erosion and flood
problems are closely related and that measures for their pre-
vention must be considered collectively. At the same time
it is necessary to consider many other items such as minerals,
forests, hydroelectric power, fish and wildlife, public health,
recreation, and others. The studies are a cooperative under-
taking on the part of the State and Federal governments.
Every State and Federal agency having an interest in land
and water resource development and conservation is partici-
pating. By conducting the studies in this manner we are
assured that expert technical skill is available to solve the
problems that exist.
Obviously it is impossible to conduct these studies over
the entire State at once. Therefore, they are being carried
out by stream basins. Studies have been completed in the
Osage River Basin. A coordinated plan has been formulated
which, if carried out, will greatly enhance the economy of the
region by reducing soil erosion and flood losses and by the
development of other resources. Studies are now in progress
in the Grand River Basin. It is expected that a similar plan
will be completed for that Basin by the summer of 1949.
At the same time the plans will afford important reduction of
floods on the Missouri and Mississippi Rivers.
I recommend that similar studies be conducted in other
river basins of the State and that adequate appropriations be
made for conducting the studies and carrying out the plans.
I recommend that the laws pertaining to mines and min-
ing and the inspection of mines be revised and brought up to
date in order that the life, limb, and health of those employed
in and about the mines of this State may be fully protected.
Also, that proper legislation be enacted governing lime min-
ing and rock quarrying in order to protect employees in such
mines from falling rock, bad air conditions, and other unhealthy
or dangerous conditions in those operations as in other types
of mining. Also, that provision be made for the inspection of
such mines. There appears to be no statutory definition of
what is included in the term "mines." This should be con-
sidered in revising these laws.
It is provided in Section 47, Article 3 of the 1945 Con-
stitution that the General Assembly shall appropriate out of
48 MESSAGES AND PROCLAMATIONS OF
the General Revenue Fund a certain amount, specified in said
section, for the exclusive purpose of providing a State Park
Fund to be expended and used by the agency authorized by
law to control and supervise the State parks.
In my opinion this section of the Constitution requires
the appropriation for State parks to be made in a lump sum
the same as is provided for the Conservation Commission in
Sections 40 to 46, inclusive, Article 4, Constitution 1945. I do
not believe the General Assembly has authority to make
specific allotments from the State Park Fund for Personal
Service, Repairs and Replacements, Additions and Operation,
I recommend that hereafter the General Assembly make
the appropriation for the State Park Board in a lump sum as
provided in Section 47, Article 3, of the Constitution.
I recommend that the number of officers and patrolmen
of the State Highway Patrol be increased; that Section 8350,
Laws of Missouri, 1945, page 979, be amended by striking
out the words and figures "two hundred and fifteen (215)"
and that such maximum number of officers and patrolmen as
the General Assembly may deem sufficient be inserted in lieu
thereof.
It is my opinion because of county boundaries and in*
adequate facilities the sheriffs and local officers in the counties
are unable to give the citizens of Missouri the full protection
against law violators to which they are entitled*
Under the present law when the Superintendent of the
Highway Patrol is required to be out of the State or is attend-
ing to his duties in the State but away from his office in
Jefferson City, it is necessary for him to designate a Captain
or some other officer to act during his absence. This is not
a satisfactory arrangement, because someone in an executive
position should be in the general headquarters office in Jeffer*
sou City during the absence of the Superintendent I» there*
fore, recommend that an executive officer with a rank between
that of Captain and the Superintendent be created and that
his duties be designated by proper legislation,
Practically all departments of the State depend upon the
Attorney General's office for legal advice and their successful
operation to a large extent depends upon the kind of legal
assistance the Attorney GeneraTs office is able to furnish*
The maximum salaries in the Attorney General's office were
GOVERNOR PHIL M. DONNELLY 49
fixed approximately twenty-five years ago. During the past
twenty years many new departments, boards, bureaus, and
agencies have been created by the General Assembly which
has correspondingly increased the duties of the Attorney Gen-
eral's office. Also, it is the duty of the Attorney General's
Office to construe the 1945 Constitution and laws enacted to
implement that document and to advise the heads of the
various new departments in regard to their duties under the
new Constitution and laws. I recommend that the salaries
of the Assistant Attorneys General and employees in the
Attorney General's office be increased to an amount com-
mensurate with the duties imposed upon them in order that
the Attorney General's office may adequately represent the
departments of the State government and perform the other
duties required of that office.
The appropriation, for the Attorney General's office for
operations is constantly being depleted by making deposits
for court costs and for the guarantee of the payment of com-
missioners' fees and other expenses involved in quo warranto
proceedings and other lawsuits filed or defended by the Attor-
ney General. These court costs must be deposited until a
case reaches a final determination. When the State is success-
ful the deposit is refunded by the court, but under the exist-
ing laws it is returned to the State and placed in the General
Revenue Fund. I recommend that a Revolving Fund be
created in connection with the Attorney General's office so
this money, when returned, will remain in the Attorney Gen-
eral's fund for the purpose of paying similar costs in other
lawsuits which he may find it necessary to institute.
I recommend that Section 22 of an act of the Sixty-third
General Assembly of Missouri, found in Laws of Missouri,
1945, at pages 730 to 731, with reference to membership on
the State Board of Training Schools be repealed and reenacted
and that the following words be stricken out of said Section 22:
"Before such removal, written charges shall be filed with
or by the governor; copies of these shall be sent to
each board member, including the one against whom they
are made; and an opportunity to be heard shall be given
before the governor and in the presence of a quorum of
the board. In case of such removal the governor shall
50 MESSAGES AND PROCLAMATIONS OF
file in the office of the secretary of state a complete
statement of all charges made against such member and
his findings thereon."
In my opinion said portion of said Section 22 conflicts
with Section 17, Article 4 of the 1945 Constitution which pro-
vides that "All appointive officers may be removed by the
governor . . ." The Governor under Section 2 of Article 4
of the Constitution of 1945 is charged with the duty of faith-
fully executing the laws. This is the Governor's responsibility
and the General Assembly has no authority to attempt to
restrict the Governor in that regard.
I recommend that changes be made in the following
statutes pertaining to crimes and punishments:
That Section 4323, Article 3, Chapter 31, Revised Statutes
of Missouri, 1939, line 10, be amended by inserting after the
words "public officer" and before the word "of" the words
"or employee" so that said section, as amended, will read:
"Every person who shall, directly or indirectly, give any
money, goods, right in action or any other valuable
consideration, gratuity or reward, or any promise, under-
taking or security therefor, to any judge or justice of any
court, justice of the peace, or to any member of the legis-
lature, or to any officer or employee thereof, or to any
other public officer or employee of this state, . . . „'
Said section also should be amended to strike exit the
words "justice of the peace" where they appear in said section
and insert in lieu thereof the word "magistrate/*
That Section 4324, Article 3, Chapter 31, Revised Stat-
utes of Missouri, 1939, line 5, be amended by inserting the
words "or employee'* after the word "officer1* and before the
word "of" so that said section, as amended, will read:
"Every judge or justice of any court, justice of the
peace, member of the legislature, or officer or employee
thereof and any other public officer or Jg^^gygg, °£ this
state, , , . ."
Said section also should be amended to strike out the
words "justice of the peace** where they appear in said seo
turn and insert in lieu thereof the word "magistrate/*
GOVERNOR PHIL M. DONNELLY 51
Also, that Section 4478, Article 5, Chapter 31, Revised
Statutes of Missouri, 1939, line 1, be amended by inserting
after the comma "," following the word "officer" the words
"agent or employee," so that said section, as amended, will
read:
"If any officer, agent or employee, appointed or elected
by virtue of the Constitution of this state, . . . ."
I recommend that the penalty provided in Section 4340,
Article 3, Chapter 31, Revised Statutes of Missouri, 1939, in
regard to fraud in office be changed from a misdemeanor to
a felony.
I recommend that Section 11421, Laws of Missouri, 1945,
page 1873, relating to the sales tax act, providing that books
and records shall be preserved for a period of at least two
years be amended and that the words "at least two years"
be stricken out of said section and the words "five years"
inserted in lieu thereof. Because of an inadequate number of
competent auditors and inadequate appropriations two years
is an insufficient period of time for a proper audit to be made
of the books and records of those engaged in the retail business.
I recommend that Sections 9036, 9039, 9071, and 9096,
Revised Statutes of Missouri, 1939, be repealed for the reason
that said sections conflict with the provisions of Section 15
of the Merit System Act, found at page 1165, Laws of Mis-
souri, 1945, in regard to the salaries of the warden, deputy
warden, chaplains, superintendent of industries, guards, and
other employees at the Missouri State Penitentiary.
Our present statutes in regard to inmates escaping from
the Penal Institutions of this State are inadequate. Sections
4306, 4307, and 4308, Revised Statutes of Missouri, 1939,
govern the escape of inmates from the Penal Institutions.
I called this to the attention of the Sixty-fourth General
Assembly on January 8, 1947, but no action was taken. Since
that time the Supreme Court of Missouri has rendered an
opinion construing Section 4307*
However, the present statutes do not make it a crime to
escape from the Intermediate Reformatory for Young Men
at Algoa and the Training Schools. I recommend that legis-
lation be enacted to broaden the scope of the present statutes
52 MESSAGES AND PROCLAMATIONS OF
so they will include the escape of inmates from the State
Penitentiary, prison farms, Intermediate Reformatory for
Young Men at Algoa, Training School for Girls at Chillicothe,
Training School for Negro Girls at Tipton, and Training School
for Boys at Boonville, either while confined therein or while
permitted to be at large as a trusty.
It is my opinion that Article 2, Chapter 68, Revised
Statutes of Missouri, 1939, relating to private employment
offices or agencies for hire where a fee is charged to applicants
for employment, should be amended to regulate the fees
charged applicants and to prohibit the charging of unreason-
able fees. Questionable practices by private employment
agencies in the charging of exorbitant fees exist in this State.
These practices should be corrected.
Also, the Division of Industrial Inspection should be
authorized to enact rules and regulations governing the prac-
tices of private employment agencies, These rules and regu-
lations should be made a matter of public record as is provided
for by law.
Under the present law if an application for a license to
operate a private employment agency is made, accompanied
by a bond, the State Division of Industrial Inspection has no
alternative except to issue the license. There should be some
authority vested in the Division of Industrial Inspection regu-
lating the issuance of such licenses.
Section 34, Article 3 of the 1945 Constitution provides
"In the year 1949 and at least every ten years thereafter, all
general statute laws shall be revised, digested and promul-
gated as provided by law/' Therefore, the general statutory
laws should be revised by the Sixty-fifth General Assembly*
I have had the honor of serving as Chairman of two
Revision Commissions, in 1929 and 1939* By reason of this
experience I want to caution the members of the General
Assembly that those in charge of the Revision should take
every precaution to see that the substantive law in the stat-
utes is not changed* Too often persons or groups interested
in a certain section or subject in the statutes appear before
the Revision Commission seeking to clarify or change the
wording of a section without regard to related sections and in
many instances they have ulterior motives in doing so. Many
of the statutes have been interpreted by our courts and have
GOVERNOR PHIL M. DONNELLY 53
a definite construction. The Revision Commission or those
in charge of the Revision should not be permitted to alter the
substantive law. Changes should be made only by proper
legislation enacted by this General Assembly. Unless this
policy is followed we may awaken to the fact that a legis-
lative staff charged only with the revision of the laws has
exceeded its authority and invaded the province of the Gen-
eral Assembly in altering the substance of the law.
I recommend that the salaries of employees and heads
of divisions within the different departments of State govern-
ment be made as nearly uniform as possible so those doing
comparable work be paid on the same basis. I undertook to
do this, but was unable to do so because of the variation in
stipulated salaries in the statutes and the different classifica-
tions of persons doing the same work in the various divisions.
For instance, a chief clerk in one department receives a salary
of $2,800.00 per year fixed by statute, while in another depart-
ment or division a chief clerk may receive as high as $5,600.00
because there is no statutory limitation.
Employees in divisions covered by the State merit system
conform to a uniform classification schedule and a definite
pay schedule with permanent employment. I suggest that the
statutory salaries of division heads and other employees not
under the merit system be removed; that said division heads
and employees be made subject to a uniform classification
and salary schedule similar to the merit system with the pay
scale probably somewhat higher to make up for the limited
period of employment and the uncertainty of tenure.
Section 7, Article 8, Constitution of 1945, provides "Quali-
fied electors of the state who are absent, whether within or
without the state, may be enabled by general law to vote at
all elections by the people." I recommend that legislation
be enacted in regard to absentee voting in order that qualified
electors of this State who are absent from the State of Mis-
souri on election day may be enabled to vote.
The Department of Public Health and Welfare was
created by an act of the Sixty-third General Assembly found
in Laws of Missouri, 1945, page 945. Section 28 of said act
provides that the Director of the Division of Mental Diseases
shall be a person recognized for his knowledge of mental
diseases, and the care and treatment thereof, and also known
54 MESSAGES AND PROCLAMATIONS OF
for his business and executive ability. This provision makes
it practically mandatory that the Governor appoint a psy-
chiatrist to this office.
It has been proven by experience over the past two years
that the duties of the Director of the Division of Mental
Diseases are in the main business duties and not duties such
as require the services of a psychiatrist or even an ordinary
physician. Superintendents have charge of the hospitals
under the Director of the Division. Each superintendent is
a physician and some are psychiatrists. They have direct
supervision over the care of the patients. The duties of the
Director, however, are largely supervisory, having to do with
appropriations, control of expenses, approval of purchases,
maintenance of the properties, the planning for additional
facilities, the growing of crops and the production of livestock,
It is generally known that there is a dire shortage of
doctors, especially physicians who have had the special train-
ing to qualify them as psychiatrists.
It is my recommendation that because of the shortage of
psychiatrists together with the fact that the duties of the
Director are principally concerned with the business manage-
ment of the State Hospitals, that Section 28, Laws of Mis-
souri, 1945, page 953, be amended so it will be possible to
appoint a person to this office who is known for his business
and executive ability without his having to be a psychiatrist.
Section 7 of the act pertaining to the Director of Public
Health and Welfare found in Laws of Missouri, 1945, page
945, provides among other things that all employees of the
Department of Public Health and Welfare shall be citizens of
this State for at least two years next before taking the
examination*
The Department of Public Health and Welfare is one of
the largest of the new State departments and because of the
nature of the services performed by the three divisions in that
department they necessarily employ a great many professional
and technical employees, such as doctors, nurses, laboratory
technicians, sanitation engineers, statisticians, referees, and
other such employees. The Director of the Department and
the Directors of the Divisions within the Department have
tried to follow literally the provisions of the present law with
reference to the hiring of personnel. This is practically the
GOVERNOR PHIL M. DONNELLY 55
only department of the State government that has such a
strict limitation in the selection of personnel.
In view of the fact that it has been difficult to keep our
State Hospitals fully staffed during the past two years, it is
my recommendation that the provisions in Section 7, requir-
ing two years of citizenship, be repealed.
I call your attention to Public Law 725, known as the
Hill-Burton Act, enacted by Congress in order to provide
hospital facilities to those areas where the need was greatest,
under a plan which was to be developed by the states.
The General Assembly of Missouri recognized this Fed-
eral statute by enacting an act found in Laws of Missouri,
1945, at page 972. The survey provided for in said State
act has been completed and the plan approved by the Surgeon
General of the United States. This plan designates the areas
throughout the State most in need of hospital beds for which
the Federal government will contribute one-third of the cost
of construction and equipment. However, due to high build-
ing costs the areas most in need of hospital facilities are un-
able to provide sufficient funds to meet their two-thirds of
the cost*
Unless provisions are made to assist the individual coun-
ties or groups of counties in the State for a part of the cost
of hospital construction in those areas of low economic in-
come, as designated by the State plan, the intention of the
Hill-Burton Act will be defeated.
I therefore recommend that serious consideration be given
to this problem.
The act of the Sixty-third General Assembly found in
Laws of Missouri, 1945, page 1395, provides a method whereby
contiguous counties may join in the execution of a common
function, or service, including the purchase, construction, and
maintaining of hospitals, etc. Said act provides that the
county courts shall administer the delegated power and allo-
cate the cost among the counties.
The establishing aad maintaining of County Hospitals
is provided for in Article 4, Chapter 126, Revised Statutes of
Missouri, 1939.
These acts of the General Assembly apparently are in
conflict with each other for the reason that under the act of
the Sixty-third General Assembly found in Laws of Missouri,
56 MESSAGES AND PROCLAMATIONS OF
1945, page 1395, the hospitals are governed by the county
courts and under Article 4, Chapter 126, Revised Statutes
of Missouri, 1939, they are governed by a board of trustees
and these two acts should be reconciled, in order that one
agency should govern said hospitals.
The act of the 63rd General Assembly found in Laws of
Missouri, 1945, page 969, provides for establishing, maintain-
ing, managing, and operating a public county health center
in any county or group of counties. However, said act does
not provide for the operation and maintenance of a health
center in a group of counties after such group has been formed.
I recommend this act be amended in order to provide a
practical working procedure.
The General Hospital at Waynesville, Missouri, has been
operated by the Division of Health in agreement with the
Federal Works Agency* Under the Lanham Act of Congress
all such Federally owned institutions must be liquidated.
This institution is serving the citizens in approximately five
counties in that immediate area. There is no specific statute
authorizing the State to operate said hospital. This hospital
ha,s been self sustaining, deriving the cost of operation and of
personal service from individual patients,
It is suggested that authority be given to the Division of
Health to operate said hospital and that provision be made
for the handling of the funds derived therefrom.
Congress enacted Public Law 845 for the control of
stream pollution. It is the intention of said Federal law that
the responsibility for the abatement of stream pollution rests
with the states.
I recommend tjhat legislation be enacted authorizing the
Division of Health to institute programs as provided for in
said Public Law 845 and that such legislation permit munici-
palities to issue revenue bonds for this purpose and to retire
said bonds by sewage rentals*
The statutory law in regard to the operation and super-
vision of the Cancer Hospital at Columbia should be clarified*
The Cancer Hospital was established by the Cancer Com-
mission under the authority contained in Chapter 125, Revised
Statutes of Missouri, 1939* After the adoption of the 1945
Constitution the Cancer Commission was assigned to the
Division of Health in the Department of Public Health and
GOVERNOR PHIL M. DONNELLY 57
Welfare. This was done under executive order of the Governor
and also by an act of the General Assembly found in Section
13, Laws of Missouri, 1945, page 949, The law creating and
establishing a Department of Public Health and Welfare (Laws
of Missouri, 1945, page 945) provides (Section 2), "The
Department of Public Health and Welfare shall be controlled
and administered by a Director of Public Health and Welfare."
This act (Laws of Missouri, 1945, page 945) also provides
that the Department shall be composed of three divisions,
namely, the Division of Health, the Division of Mental Dis-
eases, and the Division of Welfare.
It should be noted that the Cancer Commission was not
abolished but was assigned to the Division of Health. There-
fore, the question arises as to the extent of the authority of
the Cancer Commission as distinct from the authority of the
Division of Health and the Department of Public Health and
Welfare.
I recommend that these statutes be clarified in order that
the final administrative authority of the State Cancer Hospital
be placed definitely in one department of the State government.
In 1919 the General Assembly provided for the erection
of a monument in France to commemorate the heroic achieve-
ments of the citizens of Missouri who served on the battle-
fields of France and to perpetuate the memory of those who
died in, the war against Germany and her allies. An appro-
priation of Twenty-five Thousand Dollars was made for this
purpose (Laws of Missouri, 1919, page 77). A small appro-
priation for care of the grounds and monument was made
each two years thereafter until 1939, No appropriation has
been made since that date, due, no doubt, to the war. I called
this matter to the attention of the Appropriations Committee
of the Senate in 1947 but no action was taken. I recommended
that an appropriation of not exceeding Five Hundred Dollars
be enacted for the purpose of maintaining the grounds and
monument in France and that a small appropriation for this
purpose be made each year thereafter.
The appropriations enacted by the Sixty-fourth General
Assembly for some of the departments of the State government
for the current fiscal year were inadequate, and I recommend
that this General Assembly enact additional appropriations
for the following departments;
58 MESSAGES AND PROCLAMATIONS OF
In the Department of Revenue additional duties were
added by reason of enactment of the following laws:
An act found in Laws of Missouri, 1947, Volume 2, page
431, providing for the collection of sales tax and use tax on
motor vehicles at the time of registration. It is estimated
this act adds thirty per cent to the volume of business handled
by the Revenue Department.
An act found in Laws of Missouri, 1945, page 1191,
requiring the registration and issuing of a certificate of title
to outboard motors, the handling of applications for regis-
tration, and the collection of registration fees.
An act found in Laws of Missouri, 1945, page 1207,
known as the Financial Responsibility Law, providing for the
giving of proof of financial responsibility of persons operating
motor vehicles, and providing for the enforcement of the
provisions of said act.
No appropriation was provided by the Sixty-fourth Gen-
eral Assembly for the enforcement of the above laws.
The peak period on income tax collection is approaching
which will add greatly to the volume of work in this office.
The staff of auditors is inadequate to properly cover the
State in the collection of the sales tax.
I recommend that an additional appropriation of seventy-
five thousand dollars for personal service be enacted for the
Department of Revenue,
The Division of Public Buildings requests an additional
appropriation for Personal Service of Six Thousand Dollars
to employ additional elevator operators and janitors during
the session of the Sixty-fifth General Assembly; also, an
additional appropriation of approximately Ten Thousand Five
Hundred Dollars for Operation to buy fuel oil for the current
fiscal year.
The Director of the Department of Public Health and
Welfare requests an additional appropriation for Personal
Service in the amount of Two Thousand Dollars; and Two
Hundred and Fifty Dollars for Operation.
The appropriation for the office of the Attorney General
has been reduced each year during the past two years below
the appropriation for 1945-46 although additional duties have
been added to this office* I recommend an additional appro-
priation for Personal Service of Thirty-two Thousand Dollars;
GOVERNOR PHIL M. DONNELLY 59
and Six Thousand Four Hundred and Twenty Dollars for
Additions, Repairs, Replacements, and Operation for the
present fiscal year.
The Director of the Department of Corrections informed
the Appropriation Committees of the General Assembly that
due to the salary ranges set under the Merit System Act, an
additional appropriation for Personal Service of Seventy-eight
Thousand Dollars would be required to pay the salaries at
the State Penitentiary for the year 1948-49. This statement
in regard to the need for an additional appropriation is still
true.
Since that time a new power plant was authorized at the
Penitentiary and is now under construction and probably will
be in operation early in 1949. At least four additional em-
ployees will be needed for this unit which will require approxi-
mately Two Thousand Dollars for the current fiscal year.
I, therefore, recommend an additional appropriation of Eighty
Thousand Dollars for Personal Service for the State Peni-
tentiary.
The Operation funds at the State Penitentiary have been
inadequate and I recommend an additional appropriation of
approximately Fifty Thousand Dollars for this purpose for
the present current year.
I recommend an additional appropriation of Two Thou-
sand Dollars for Repairs and Replacements for the Training
School for Negro Girls, Tipton.
By reason of putting into effect the Merit System and
Eight Hour Law at the Missouri State Sanatorium, Mt. Ver-
non, the Sixty-fourth General Assembly failed to appropriate
sufficient funds for personal service at this institution. It is
estimated that an additional appropriation of One Hundred
Thousand Dollars will be required for personal service for the
remainder of the present fiscal year.
The St. Louis State Hospital and the St. Louis Training
School were transferred to the State under an act passed by
the Sixty-fourth General Assembly. However, no definite
information was furnished the General Assembly as to the
necessary amount of appropriation required for said institu-
tions for the current fiscal year. Large requests for personal
service and for operation at the St. Louis State Hospital have
been made, and although I recommend additional appropria*
<30 MESSAGES AND PROCLAMATIONS OF
tions for the current fiscal year I suggest this matter be given
careful study and consideration by this General Assembly.
This is also true as to the request of the St. Louis Training
School for Personal Service.
For several years the Section of Vital Statistics in the
Division of Health has been unable to carry out the procedure
required under the statutes because of insufficient funds. The
Sixty-fourth General Assembly enacted a law found in Laws
of Missouri, 1947, Volume 2, page 237, requiring registration
of marriages, divorces, and adoptions, but no additional
appropriation was enacted to carry out the provisions of this
act. I, therefore, recommend that an additional appropria-
tion be made for this fiscal year to meet the requirements of
the Vital Statistics Section of the Division of Health*
At the Trachoma Hospital, Rolla, the operating and per-
sonal expenses have increased beyond expectations since the
last appropriation was made. In order to maintain the pres-
ent standards an, additional appropriation in Personal Service
and in Operation should be made.
At the Federal Soldiers' Home, St. James, an additional
appropriation, due to increased cost of operation, will be
required for the current fiscal year. Also, an additional
appropriation of approximately Three Thousand Dollars will
be required for a new boiler at said institution.
Expenditures for old age assistance for the current fiscal
year are running very close, and there is likelihood that the
appropriation will not be sufficient to meet full needs through-
out this fiscal year, I recommend that the General Assembly
appropriate additional funds for old age assistance sufficient
in amount to insure that full needs under this program for
this fiscal year will be met.
The Sixty-fourth General Assembly appropriated $4»650>-
000*00 from the General Revenue Fund for Aid to Dependent
Children for the current fiscal year, This appropriation will
not be sufficient to meet the full needs of children eligible for
assistance under this program,
The Sixty-fourth General Assembly appropriated $5»000r
000 for General Relief payments for the current fiscal year.
This amount permits the payment of only fifty-five per cent
of an individual's need who qualifies for aid under this program*
GOVERNOR PHIL M, DONNELLY 61
I recommend that the Sixty-fifth General Assembly
appropriate sufficient additional money to enable the Division
of Welfare to make full payments to dependent children within
the limits of the maximum grants established by Federal aid
State statutes, and appropriate additional funds to make
grants to unemployable persons on relief rolls on a basis of
decency and health, as provided by State law.
For the past four fiscal years, the Division of Welfare
has received exactly the same appropriation from the State
General Revenue Fund for administration of the welfare pro-
gram in this State. Obviously the program cannot be admin-
istered now on the same appropriations as in the past. The
appropriation this year is rxot adequate to maintain a sufficient
staff to meet the needs of persons under this program promptly
and to make necessary recurrent checks of eligibility of those
persons on the assistance rolls. I recommend that this Gen-
eral Assembly appropriate additional administrative funds to
the Division of Welfare in such an, amount as to insure
adequate administration of the welfare programs.
The Sixty-fourth General Assembly passed legislation
increasing the monthly blind pension from thirty dollars per
month to thirty-five dollars per month but did not appropriate
additional funds to meet this increase for the entire fiscal
year. Furthermore, the law setting the blind pension pay-
ment at thirty-five dollars per month expires June 30,
1949, I recommend that this General Assembly appropriate
additional funds to pay blind pensions at thirty-five dollars
per month and extend such payment for as long a period as
the General Assembly deems necessary after June 30, 1949.
The Sixty-fourth General Assembly enacted an appro-
priation of $3,600.00 to provide readers for blind students who
wish to attend a university as provided by law. This appro-
priation is insufficient for this fiscal year and should be
increased*
I am advised by the Comptroller that an additional
appropriate of approximately One Hundred Twenty-five
Thousand Dollars will be required for costs in criminal cases
for the present fiscal year.
I am advised by the Motor Vehicle Fuel Tax Unit that
an additional appropriation of approximately Two Hundred
62 MESSAGES AND PROCLAMATIONS OF
Fifteen Thousand Dollars will be required to pay gasoline
tax refunds for the current fiscal year.
The power plant for the Capitol Building and other State
buildings should be improved. I am advised that it will cost
approximately $267,000.00, for necessary parts and repairs
including one 1250 kilowatt generator and engijne, tunnel,
cables and piping in the Power House from switchboard to
generators, steam and exhaust piping, new switchboard and
cables, coal handling equipment, traveling overhead crane,
new smoke stack, re-wiring for the Capitol Building, and other
miscellaneous items.
In view of the fact that I made a number of recommenda-
tions in messages to the Sixty-third and Sixty-fourth General
Assemblies on which no action was taken, I respectfully call
your attention to those messages for such action as you may
deem advisable.
It would not be proper for me to anticipate the policies
or the program of the incoming Governor, who will have his
own recommendations to submit for your consideration.
In conclusion, I wish to express my appreciation for the
cooperation which has been extended to me by the elective
officials, the various departments and institutions of the State
government, and by members of the General Assembly, The
past four years has been a transition period. During this
momentous time great changes have taken place in nation
and state. War has been followed by an uneasy peace.
Throughout this changing period our State has progressed
and has met the challenges of the times* May we still go
forward, meeting the needs and demands of new days with
courage and determination. And may Missouri continue to
lead the nation, with peace and prosperity our constant goal,
remembering always that the '* welfare of the people is and
should be the supreme law for both State and Nation***
[PHIL M, DONNELLY*]
GOVERNOR PHIL M. DONNELLY 63
VETO MESSAGES
TO THE HOUSE OF REPRESENTATIVES
MAY 10, 1945
From the Journal of the House of Representatives, pp. 922-928
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 10, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 110, entitled:
"AN ACT
"To amend Article 2, Chapter 32, Revised Statutes
of Missouri, 1939, known as the Non-intoxicating Beer
Act by adding a new section relating to the inspection
of the premises of permit or license holders to be known
as Section 4951a; amending Section 4954 to provide that
fees are to be paid to the Director of Revenue if provided
by law and by adding a new sub section relating to fees
to be known as sub section (e); amending Section 4959
by striking the words 'Attorney General' wherever it may
appear and inserting in lieu thereof the words 'Supervisor
of Liquor Control'; by repealing Section 4960 and re-
enacting a new section to be known as Section 4960 relat-
ing to application for license to manufacture or sell non-
intoxicating beer; by repealing Section 4996 and enacting
in lieu thereof a new section to be known as Section 4996
relating to the revocation and suspension of license and
provide hearings; and by adding a new section which
shall be known as Section 4996b relating to the suspension
and revocation of license and giving authority to the
supervisor of liquor control to make regulations."
64 MESSAGES AND PROCLAMATIONS OF
Said bill was presented to me on May 1, 1945. Said bill
is accompanied with my objections set out below.
In the title to House Bill No. 110 it is stated that Section
4996 (Revised Statutes of Missouri, 1939) is repealed and a
new section enacted in lieu thereof to be known as Section
4996 relating to the revocation and suspension of license and
providing hearings,
In Section 1 of House Bill No. 110 it is stated "by repeal-
ing Section 4996 and enacting in lieu thereof a new section
to be known as Section 4996, relating to the revocation and
suspension of license and provide hearing."
Section 4996 does not appear in the bill as recnacted; in
fact, it is entirely omitted from the bill. It is my opinion
that the language in the title and also in Section 1 of the bill
is sufficient to repeal Section 4996 Revised Statutes of Mis-
souri, 1939, even though this section is not reenacted in
the bill.
Said Section 4996 is the section of the Non-intoxicating
Beer Act which authorizes the Supervisor of Liquor Control
to revoke the license of a dealer when the dealer has violated
any of the provisions of the Non-intoxicating Beer Act, but
the dealer must have ten days' notice of the application to
revoke his license prior to the order of revocation, with full
right to have counsel, to produce witnesses in his behalf in
such hearing and to be advised in writing of the grounds
upon which his license is sought to be revoked.
This is an important section and in my opinion should
not be repealed. There is a similar section in the Liquor
Control Act, it being Section 4905. I think the dealer should
have notice, also the right to have counsel arid to produce
witnesses in his behalf and to be advised in, writing the grounds
upon which his license is sought to be revoked. This is a
right which should not be denied to him*
The provisions of House Bill No. 110 are meritorious and
I believe will better aid in the enforcement of the Non4nt03d»
eating Beer Act but I do not feel justified in signing this bill
in its present form* No doubt the authors intended to reenact
Section 4996 and include suspension of license as well as revo-
cation but, of course, failed to do so by omitting the section
entirely from the bill*
GOVERNOR PHIL M. DONNELLY 65
It is my opinion that the bill should be reintroduced and
Section 4996 repealed and reenacted, providing for both revo-
cation and suspension of license.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MAY 31, 1945
From the Journal of the Senate, pp. 861-869
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 31, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Committee Substitute for Senate Bill No.
60, entitled:
"AN ACT
"Providing for the reimbursement to members of
the 63rd General Assembly for expenses incurred away
from their homes in the performance of their duties in
the sum of $5.00 per day; providing for a form of claim
for reimbursement; providing for the form of reimburse-
ment to be certified by such members to the Committee
on Accounts of the Senate and House of Representatives;
providing for examination and approval of said claims;
providing that the provisions of Sections 13027 and 13028
Revised Statutes of Missouri, 1939, shall not apply to
members of the 63rd General Assembly; providing that
all acts or parts of acts insofar as they are in conflict with
the provisions of this act are repealed; with an emergency
clause/*
66 MESSAGES AND PROCLAMATIONS OF
I have vetoed Senate Committee Substitute for Senate
Bill No. 60 for the following reasons:
Section 1 of said bill provides:
"From and after the effective date of this act the
members of the 63rd General Assembly shall severally
be reimbursed for all expenses of lodging and meals actually
and necessarily incurred away from their homes in con-
nection with their legislative duties at the rate of $5.00
per day, payable monthly."
Section 2 provides:
"All claims for such reimbursement shall state the date
and place of such legislative duties, and shall be sub-
mitted to the Committee on Accounts of the Senate and
House of Representatives respectively upon a form pre-
pared by such committees, such claims shall be supported
by the certification of such member, and shall be in the
following form:
*I „ do certify that the above claim
is correct and just, that the expense was incurred away
from my home while actually and necessarily engaged in
my legislative duties, that payment was made out of
my personal funds and I have not been reimbursed there-
for, and I have not received and will not receive from
any source whatever any payment of any part thereof
except as provided by law/ "
Section 3 is as follows:
c<The Committee on Accounts of the Senate and
House of Representatives shall examine said claims and
if found to be correct shall approve them for payment*
The State Auditor shall not audit and the State Treasurer
shall not pay any such claim for reimbursement in excess
of |5*00 for any calendar day. The provisions of Sec-
tions 13027 and 13028, Revised Statutes of Missouri,
1939, shall not apply to members of the 63rd General
Assembly* All laws or parts of laws insofar as they are
in conflict with the provisions of this act are repealed/*
GOVERNOR PHIL M. DONNELLY 67
Section 4 contains an emergency clause.
While Section 2 of said bill provides that the members of
the Legislature shall certify that their claims for reimburse-
ment are correct and just, and that payment was made out
of their personal funds and that they have not been reimbursed
therefor, it is apparent that Section 1 allows each member
the flat sum of $5.00 per day, payable monthly, for reimburse-
ment for lodging and meals incurred away from his home in
connection with his legislative duties.
In passing upon the constitutionality of Senate Committee
Substitute for Senate Bill No. 60, several provisions of the
Constitution should be taken into consideration.
Section 16 of Article III of the Constitution provides:
"Senators and representatives shall receive from the
state treasury as salary the sum of one hundred and
twenty-five dollars per month, and upon certification by
the president and secretary of the senate and by the
speaker and chief clerk of the house of representatives as
to the respective members thereof, the state auditor
shall audit and the state treasurer shall pay such com-
pensation without legislative enactment. Senators and
representatives shall receive one dollar for every ten miles
traveled in going to and returning from their place of
meeting, once in each session, on the most usual route.'*
Section 13 of Article VII of said Constitution reads:
"The compensation of state, county and municipal
officers shall not be increased during the term of office;
nor shall the term of any officer be extended."
Section 40 of Article III of said Constitution provides
that the General Assembly shall not pass any local or special
law:
"(30) where a general law can be made applicable,
and whether a general law could have been made appli-
cable is a judicial question to be judicially determined
without regard to any legislative assertion on that
subject,"
68 MESSAGES AND PROCLAMATIONS OF
In approaching a construction of the Constitution, cer-
tain fundamental rules of construction should be recognized.
(1) The Constitution is a limitation of power, and the Legis-
lature is supreme, except as its power is limited by the Con-
stitution. (2) In construing the Constitution, words are to
be given their ordinary meaning, (3) All doubts or ambiguities
are to be resolved in favor of the constitutionality of an act
of the Legislature. (4) The doctrine of expressio unius est
exdusio alterius is applicable in construing the Constitution.
Section 16 of Article III of the Constitution plainly pro-
vides that senators and representatives shall receive $125 per
month, and shall receive $1.00 for each ten miles traveled in
going to and returning from their place of meeting, once in
each session, on the most usual route. Clearly, the $125 per
month is compensation. Whether or not the amount allowed
for mileage is compensation or reimbursement for personal
expenses is a question about which the courts of various states
have differed.
If the $5,00 per day allowed by Senate Committee Sub-
stitute for Senate Bill No. 60 is construed to be compensation,
I think there is no question that said bill would be in, violation
of Section 16 of Article III, supra, which fixes the compensa-
tion of members of the General Assembly; and of Section 13
of Article VII? supra, which prohibits an increase in eompensa-*
tion of any State officer during his term of office. If the $5.00
provided by said bill is construed to be reimbursement for
expenses and the mileage allowed senators ami representatives
by Section 16 of Article III is likewise construed to be reim-
bursement for expenses, said bill might be held to he in con-
flict with said Section 16 under the doctrine of cxpressh
unius est exdnsio alterius.
The further question arises as to whether or not Senate
Committee Substitute for Senate Bill No. 60, which provides
|5.00 per day for members of the 63rd General Assembly only,
is a special law prohibited by Section 40 of Article III of the
Constitution cited above* The questions which naturally pre-
sent themselves are related and will be discussed together*
I recognize the fact that there is a distinction between
compensation and reimbursement for expenses. I appreciate
the fact that Senate Committee Substitute for Senate Bill
GOVERNOR PHIL M. DONNELLY 69
No. 60 labels the $5.00 per day as reimbursement for expenses
for lodging and meals, but whether the $5.00 in question is
compensation or reimbursement for expenses, is a judicial
question to be determined by the substance and reasonable
effect of Senate Committee Substitute for Senate Bill No. 60;
and the courts are not concluded by mere declarations in the
act.
As was said in the case of Peay v. Nolan, 7 S. W. (2d)
Tenn. 815, at 1. c. 819:
"The constitutionality of an act depends on its real
character, and on the end designed to be accomplished,
and the courts are not concluded by mere declarations,
for in whatever language a statute may be framed, its pur-
pose and constitutional validity must be determined by
its natural and reasonable effect. 6 R. C. L., sec. 79;
12 C. J., sec. 219, p. 787."
The court, at page 818, further said:
"For the purpose of determining the constitutionality
of a statute, it is the function, of the court, first, to ascer-
tain its meaning by the application of ordinary canons
of construction, and then to decide whether, as thus con-
strued, the enactment is within the scope of the legisla-
tive power. The construction of a statute which brings
it in, conflict with the Constitution will nullify it as
effectually as if it had, in express terms, been enacted in
conflict therewith. Wherefore, if it appears from a view
of the act of appropriation that its natural and reason-
able effect is to supplement and increase the compensa-
tion of members of the General Assembly, it would
be void."
The court, in the above case, held that a gross appro-
priation of $750 as expenses to each member of the General
Assembly was in effect an, increase of their compensation, and
thereby void, because in excess of the amount fixed by Sec-
tion 23 of Article II of the Constitution of Tennessee.
In the case of State v. Tracy, 190 N. E. (Ohio) 463, the
court was construing an act of the Ohio General Assembly
appropriating a sum to pay the members of the 90th General
70 MESSAGES AND PROCLAMATIONS OF
Assembly at a rate not to exceed $4.00 per day for room and
board for each legislative day. On the one hand, it was con-
tended that the appropriation was in effect an increase in the
compensation of the members of the General Assembly, pro-
hibited by the Constitution, and on the other hand, it was
contended that such appropriation was for reimbursement of
expenses. The court at 1. c. 467, stated:
"Relator insists that compensation is one thing and
expense is another. That is quite true, but they trot
along hand in hand, and, when used in connection with
members of the General Assembly, or any other public
officer for that matter, they bear a close relationship.
"Where did the money that paid for the room and
board for members during special sessions of the Ninetieth
General Assembly since January 30, 1934, come from:
It must have come from the pockets of the members.
It was their money. It could make no difference whether
the particular money was salary and mileage, or the pro-
ceeds of a sale of private property. The money has been
expended, consequently the money provided by House
Bill No, 4 would be reimbursement, and the money for
future payments would fall within the same class aa
expense accounts that are required to be made out and
filed at the end of each week. The legislator must have
lived the week before he can get any money. Having
lived the week, it is safe to assume that he paid for his
living, and the $4 per day goes to replace the dollars he
has taken out of his pocket. It is compensation/'
Conceding the right of the General Assembly to provide
for legislative expenses, which right is universally recognized*
we are still confronted with the question of whether an allow-
ance, such as is provided for in Senate Committee Substitute
for Senate Bill No, 60, is a legislative expense which may
be properly allowed or whether it is an increase in compe&sa*
tion which is expressly prohibited,
In the case of State v. Turner, 233 Pac, (Ka&s.) 5ltf
page 510, the court had under construction the validity of an
act of the Legislature which provided for the payment of $5.00
per day for expense money for each member of the General
GOVERNOR PHIL M. DONNELLY 71
Assembly and to the Lieutenant Governor, for each day of
any regular or special session of the Legislature. Section 3
of Article II of the Kansas Constitution fixed the compensa-
tion of members of the Legislature at $3.00 for each day's
actual service and 15c for each mile traveled by the usual
route in going to and returning from the place of meeting.
The court, at 1. c., page 511, said:
"An, examination of section 3 of article 2 of the Con-
stitution is necessary. It makes provision for the pay-
ment of expenses in going to and returning from the
place at which the Legislature meets. No other expenses
are provided for. The principle of statutory construc-
tions, expressio unis est exclusio alterius (the expression
of one thing is the exclusion of another) will be of some
assistance in reaching a correct conclusion.
"If the maxim 'expressio unius est exclusio alterius' applies,
all personal expenses of legislators other than mileage are
-excluded by the constitutional provision.
*"(2) All legislative expenses may be properly paid.
The expenses that may be paid are not those that are
incurred by a member of the Legislature because he is
at the capital city; they are those that are incurred by
him it* the performance of his duties. They are legisla-
tive expenses, not personal expenses. The distinction be-
tween expenses that are legislative and those that are
personal is that legislative expenses are those that are
necessary to enable the Legislature to properly perform
its functions, while those that are personal are those that
must be incurred by a member of the Legislature in order
to be present at the place of meeting — expenses for his
personal comfort and convenience, which have nothing to
do with the performance of his duty as a member of the
Legislature. Personal expenses are those incurred for
rooms, meals, laundry, communications with their homes,
and other things of like character. ........"
The court, in the above case, held that the act in question
was in violation of Section 3 of Article II of the Constitution,
72 MESSAGES AND PROCLAMATIONS OF
which made provision for the payment of expenses for going
to and returning from the place where the Legislature meets,
and in violation of Section 15 of Article I of the Constitution
prohibiting an increase of an officer's compensation during
his term of office.
The decision in State v. Turner, supra, has been followed
by the courts of a number of other states.
The case of Dixon v. Shaw, 253, Pac. (Okla.), page 500,
was a proceeding in mandamus to compel the State Auditor
to allow and pay bills for expenses incurred by members of
the Legislature in payment of hotel room rent and meals, as
authorized by House Resolution No. 2. Section 21 of Article
V of the Constitution of Oklahoma provides that members of
the Legislature shall receive $6.00 per diem for their services
during the session of the Legislature and lOc per mile for
every mile of necessary travel in going to and returning from
the place of meeting of the Legislature on the most usual
route; and shall receive no other compensation. The court
held that this was a grant and an inhibition and that the
mileage and per diem constitute the granted compensation and
that any other allowance to tlie members, appropriated out
of public funds for room rent and meals while at the capital
attending the sessions of the Legislature, was purely personal
to the members and was compensation other than that pro-
vided, and was therefore prohibited. The court at L c,» page
504, said:
"„ . , We not only approve, but adopt, the rea-
soning of the Supreme Court of the state of Kansas, in
the said case of Griffith v. Turner, as to the distinction
between expenses that are legislative and amply within
the authority of that body to provide and use, and those
which are purely personal in their nature, and by reason
thereof, are, under the said section 21 of the Oklahoma
Constitution an allowance of a compensation other thau
that provided in the said section, A rule well recognized
and often quoted in its Latin terminology is* *Expm$io
unim e$t exclmio alterim,* When said provisions are
called in question as here, we reach txo conclusion, but
the language used is to be measured by such a well-
recognized rule existent at the time of the adoption of
GOVERNOR PHIL M. DONNELLY 73
the Constitution. But irrespective of rules of interpre-
tation, we think that the language employed by makers
of the basic law of the state should not be given a strained
or subtle meaning, but such meaning as the average
citizen would conclude the language imports. This for
the reason that the electorate, in ratifying the document
and thereby breathing life into the same, considered the
provisions as the language used fairly imports. Compen-
sation, as used in the said section, refers to both the per
diem and the mileage, and no other personal [sic] to the
member is permitted. The place of performance of serv-
ice is at the capital. The living expenses in performance
of the duty of the members cannot be added to the
compensation expressly allowed."
In the case of Gallarno v. Long, 243 N. W, (Iowa) 719, the
court had under construction an act of the General Assembly,
allowing each member of the Legislature and the Lieutenant
Governor his actual, necessary expenses incurred while in
attendance of a session of the Legislature which shall in no
case exceed $500 for any regular session. Section 25 of Arti-
cle III of the Iowa Constitution provides that each member
of the General Assembly shall receive $3.00 per diem while
in session and the further sum of $3.00 for every 20 miles
traveled in going to and returning from the session place by
the nearest traveled route; after which they shall receive
such compensation as shall be fixed by law; but no General
Assembly shall have the power to increase the compensation
of its own members. Pursuant to the act of the Legislature,
various members filed diverse claims for board, room, taxi-
cab hire, and other expenses. The court, in passing upon the
validity of the act, at 1. c., page 722, said:
"The great weight of authority in America, as indicated
by the following cases, is to the effect that there is a dis-
tinction between legislative, or governmental, and per-
sonal expenses. „ . * ." (Citing many cases) *
And further, at L c. 723, the court held:
"So far, then, as the authorities are concerned, it is
apparent that chapter 1, Acts of the Forty-Third General
74 MESSAGES AND PROCLAMATIONS OF
Assembly, contemplates compensation, as distinguished
from legislative expenses. Such expenses thus contem-
plated by the act under consideration are personal and
not legislative. Hence they amount to additional com-
pensation. This conclusion finds support in the history
of the Iowa Constitution, tjie history of the times under
which it was adopted, the legislation thereunder, and the
evils sought to be avoided by the Constitution. Those
historical and other matters may be taken into considera-
tion when interpreting the Constitution ' '
In the case of Peck v. State, 120 Pac. (Idaho) 820, the
court was construing an appropriation act of the Idaho Gen-
eral Assembly, appropriating a sum of money to pay the
expenses of the members of the Legislature actually expended
by them for subsistence and lodging while absent from their
usual places of residence for services to the State of Idaho,
at a rate not exceeding $5,00 per day. Article III, Section
23 of the Constitution of Idaho provided that each member
of the Legislature shall receive for his services the sum not
exceeding $5.00 per day from the commencement of the
session, but such pay shall not exceed for each member $300
for per diem allowance for any one session, and shall receive
each the sum of lOc per mile each way by the usual traveled
route. The Legislature enacted a statute pursuant to the
authority of the above Constitutional provision. The court,
at L c,, page 822, stated;
"It is a universally recognized rule of construction that,
where a constitution or statute specifies certain things,
the designation of such things excludes all others. People
v, Goldman, I Idaho 714, 23 Pac, St. Rep- 714; 59 C. J.
984, Sec. 582; 16 C. X S.» 61, Sec, 2L The statute pro-
vides that members of the legislature shall receive $5.00
per day for their services and, in addition thereto, 'shall
receive each the sum of ten cents per mile each way by
the usual traveled route/ That is an express declaration
that each mem!>er of the legislature shall receive $5*00
per day for his services and ten cents per mile each way
for traveling. The specification of per diem and mileage
therein was evidently intended as a definite declaration
GOVERNOR PHIL M. DONNELLY 75
of the amount to be received by each member of the
legislature for services and expenses, and the limit thereof."
The court, at 1. c. 822, further held:
"11 we should so construe Chapter 73 as to read into it
a grant to the present members of the legislature of the
right to reimbursement of the amounts of their expenses
for board and lodging, the act would be special, not gen-
eral in its application, for nothing can be found to support
a construction that the board and lodging of future legis-
lators are to be paid for at the expense of the state. The
appropriation made by Chapter 73 is not available to
future legislators. (I. C. A., Sec. 653409, as amended by
1941 Sess. L. p. 141, chapt. 74.) Chapter 73 is clearly
intended to appropriate money to reimburse the present
members of the legislature for their actual and necessary
*expenses for subsistence and lodging, while absent from
their usual places of residence, in the service of the state.
If we construe that appropriation act to also grant to
the present legislators the right to the allowance, we
would render it void because of conflict with Article III,
Section, 19 of the Constitution, which provides:
** 'The legislature shall not pass local or special laws in
any of the following enumerated cases, that is to say:
** 'Creating, increasing or decreasing fees, percentages or
allowances of public officers during the term for which
said officers are elected or appointed/ "
While our Constitution does not specifically prohibit local
or special laws increasing the allowance of public officers dur-
ing the terms for which said officers are elected or appointed,
it docs specifically prohibit any local or special law "where a
general law can be made applicable,"
A few cases might be cited which seem to hold contrary
to the views expressed in, the above cited cases. In the case
of Christopherson v. Reeves, 44 So. Dak. 634, it was held
that the Legislature could appropriate the sum of $200 to
each member as an expense allowance in addition to the com-
76 MESSAGES AND PROCLAMATIONS OF
pensation for their services fixed by the Constitution. This
case has been reviewed and repudiated by many of the courts
of other jurisdictions.
In the case of State ex rel. Weldon v. Thomason, 142
Tenn. 527, the court upheld an appropriation of money for
stenographic work and other necessary expenses of legis-
lators, in additiion to the regularly provided compensation,.
The appropriation, however, was upheld on the presumption
that the appropriation in question was for legislative expenses
rather than for personal expenses, and in the case of Pcay v.
Nolan, supra, the Supreme Court of Tennessee later held that
a statute appropriating $750 to each member of the Legisla-
ture for postage, stenographic hire, and other necessary ex-
penses violated the constitutional provision fixing compensa-
tion of members of the General Assembly.
Numerous other authorities, holding acts similar to Senate
Committee Substitute for Senate Bill No, 60 unconstitutional
under provisions similar to our own Constitution, could be
cited. I think, however, that the decisions referred to herein
clearly demonstrate that by the overwhelming weight of au-
thority, acts allowing money to members of the General
Assembly for subsistence, while attending legislative sessions,
amount to an increase of compensation within the meaning
of the provisions of the various Constitutions fixing the com-
pensation of members of the General Assembly and prohibit-
ing an increase thereof during their term of office.
The weight of authority is also to the effect that even if
such allowances were construed to be reimbursements for
expenses, they would still be unconstitutional where the Con-
stitutions provided an allowance for mileage under the doctrine
of expressio uniu$ est exclmio alter ius*
I fully appreciate the tremendous task that has been
imposed upon the members of the 03rd General Assembly by
virtue of the adoption of the new Constitution, I realize that
the members will be in session for a much longer period of
time than usual I have no doubt of the good faith of the
members of the General Assembly who enacted Senate Com-
mittee Substitute for Senate Bill No. 00. 1 am also of the
opinion that the $5»00 allowance per day to members of the
General Assembly would be reasonable, if not prohibited*
However, Constitutions must receive a consistent and uniform
GOVERNOR PHIL M. DONNELLY 77
interpretation. Framers of the new Constitution must have
realized that its adoption would throw many added burdens
on the present General Assembly, and they could have pro-
vided for additional compensation or expenses to members of
the General Assembly if they had seen fit to do so. Many
persons, familiar with the duties of the General Assembly,
will agree that their compensation and expense allowances
are entirely inadequate. However, the sole remedy lies in
changing the Constitution.
I reluctantly conclude that the allowance to members of
the 63rd General Assembly for lodging and meals while away
from their homes in connection with their legislative duties,
as provided in Senate Committee Substitute for Senate Bill
No. 60, is, in effect, an increase of their compensation in viola-
tion of Section 16 of Article III and Section 13 of Article VII
of the Constitution of Missouri, and is, therefore, unconsti-
tutional and void.
Said Senate Committee Substitute for Senate Bill No. 60
expressly applies only to the members of the 63rd General
Assembly and thereby excludes members of future General
Assemblies. It is my opinion that this is a special law and
therefore in violation of the provisions of Section 40 of Article
III of the Constitution which prohibits the General Assembly
from enacting any local or special law.
For the above and foregoing reasons Senate Committee
Substitute for Senate Bill No. 60 is vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
78 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
JUNE 4, 1945
From the Journal of the House of Representatives, pp. 115S-J.157
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 4, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, Committee Substitute for House Bill No. 51,
entitled:
"AN ACT
'To repeal Sections 15328, 15329 and 15330, Article
1, Chapter 133, of the Revised Statutes of Missouri,
1939, relating to the creation of a State Park Board,
and providing for the appointment of members, officers
and other personnel, and defining the powers and duties
of said members and officers, and providing that all laws
or parts of laws in conflict with the provisions of this
Article are repealed, and to enact nine new sections in
lieu thereof relating to the same subject, and to be known
as Sections 15328, 15329, 15330, 15330a, 153301), 1533()c,
15330d, 15330e, with an emergency clause."
Committee Substitute for House Bill No* 51 seeks to
repeal Sections 15328, 15329 and 15330, Article 1» Chapter
133, Revised Statutes of Missouri, 1939, relating to the State
Park Board and provides for the creation of another State
Park Board composed of six members.
Although Committee Substitute for House Bill No. 51 is
more verbose than the present State Park Board law, in my
opinion, it does not give the proposed new Board any more
power or duties than the present State Park Board has and
exercises under the provision of Article 1» Chapter 133, supra.
It seems to be merely the substitution of one board for another
board.
Committee Substitute for House Bill No. 51 purports to
carry an emergency clause. It reads as follows:
GOVERNOR PHIL M. DONNELLY 79
"Section 2. In order that this act shall become effective
July 1, 1945, an emergency exists within the meaning of
the Constitution; therefore, this act shall take effect and
be in force from and after its passage and approval."
It is provided by Section 29, Article III of the Constitu-
tion of 1945 as follows:
"No law passed by the general assembly shall take effect
until ninety days after the adjournment of the session
at which it was enacted, except an appropriation act or
in case of an emergency which must be expressed in the
preamble or in the body of the act, the general assembly
shall otherwise direct by a two-thirds vote of the members
elected to each house, taken by yeas and nays; provided,
if the general assembly recesses for thirty days or more
it may prescribe by joint resolution that laws previously
passed and not effective shall take effect ninety days from
the beginning of such recess."
This is the comparable provision to Section 36, Article
IV of the Constitution of 1875, as amended by the constitu-
tional amendment found in Laws of 1943, page 1085.
In addition to Section 29, Article III of the Constitution
of 1945, there now exists a statute, being Section 659, Revised
Statutes of Missouri, 1939, which provides in part as follows:
"A law passed by the general assembly shall take effect
ninety days after the adjournment of the session at
which it is enacted, subject to the following exceptions:
"(a) A law necessary for the immediate preservation of
the public peace, health or safety, which emergency must
be expressed in the body or preamble of the act and which
is declared to be thus necessary by the general assembly,
by a vote of two-thirds of its members elected to each
house, said vote to be taken by yeas and nays, and
entered on the journal, or a law making an appropriation
for the current expenses of the state government, for the
maintenance of the state institutions or for the support
of public schools, shall take effect as of the hour and
minute of its approval by the governor; ..*.'*
80 MESSAGES AND PROCLAMATIONS OF
It is my opinion that said Section 659, Revised Statutes
of Missouri, 1939, remains in full force and effect for the
reason that under Section 2 of the Schedule appended to the
Constitution of 1945 there is the following provision:
"Section 2. All laws in force at the time of the adoption
of this Constitution and consistent therewith shall remain
in full force and effect until amended or repealed by the
general assembly. All laws inconsistent with this Con-
stitution, unless sooner repealed or amended to conform
with this Constitution, shall remain in full force and
effect until July 1, 1946."
Section 659, supra, has not been amended or repealed
by this General Assembly.
While it is true Section 29 of Article III of the Consti-
tution of 1945, among other things says:
"„ . . provided, if the general assembly recesses for
thirty days or more it may prescribe by joint resolution
that laws previously passed and not effective shall take
effect ninety days from the beginning of such recess."
It is my opinion, however, that until legislation is en-
acted repealing or amending Section 659, supra, that said
section remains in full force and effect. Therefore, said Com-
mittee Substitute for House Bill No, 51 if signed would not
go into effect until ninety days after the adjournment of the
63rd General Assembly, unless it would become effective
sooner by reason of the purported emergency clause.
There have been no appellate court decisions construing
the provisions found in the Constitution of 1945. However,
since the provisions in the new Constitution are so similar to
the provisions found in the Constitution of 1875, I think that
the cases decided under the Constitution of 1875 will be
controlling*
It has been uniformly held that in construing the effect
of an emergency clause attached to a bill that Section 30,
Article IV of the Constitution of 1875 must be harmonised
with Section 57, Article IV of the same Constitution* apply-
ing to the referendum* &&d which contains the following
clause;
GOVERNOR PHIL M. DONNELLY 81
"Section 57. ... The second power is the referendum,
and it may be ordered (except as to laws necessary for
the immediate preservation of the public peace, health
or safety and laws making appropriations for the current
expenses of the state government, for the maintenance of
the state institutions and for the support of public schools)
either by the petitions signed" etc.
Section 52, Article III of the Constitution of 1945 reads
as follows:
"A referendum may be ordered (except as to laws nec-
essary for the immediate preservation of the public
peace, health or safety, and laws making appropriations
for the current expenses of the state government, for the
maintenance of state institutions and for the support of
public schools) . . . ."
In State ex rel. Harvey v. Linville et al, 300 S. W. 1066,
the court said, 1. c. 1068:
"It was held in the case of State v. Sullivan, 283 Mo.
546, 224 S. W. 327, that these two sections of the Consti-
tution must be construed together; that a declaration in
a bill that it was an emergency measure within the mean-
ing of the Constitution, did not make it so; that the emer-
gency must appear in fact upon, the face of the bill to be
within the terms of the Constitution, authorizing an
emergency clause which would put the act into imme-
diate effect.
"Plainly the emergency clause in the act does not state
a condition to which the emergency provision of the Con-
stitution could apply.
"It was held in the Sullivan Case that any act to which
the referendum might apply could not be an emergency
measure; that by the operation of section 36, art* 4, the
act would not go into effect until 90 days, if it was one
to which, under section 57 of the article, the referendum
applied, . . . ."
82 * MESSAGES AND PROCLAMATIONS OF
In the case of State ex rel. Westhues v. Sullivan, 283 Mo.
546, the court said, 1. c. 576-577:
"There is no express declaration in the emergency clause
to this act, bringing it within the exceptions contained
in Section 57 of Article IV of the Constitution. The only
laws excepted from the referendum under this constitu-
tional provision are 'those necessary for the immediate
preservation of the public peace, health or safety, and
laws making appropriations for the current expenses of
the state government, for the maintenance of the state
institutions and for the support of public schools.' The
emergency clause to this act does not claim the act to
be one of the class mentioned in this exception. Under
Section 57, Article IV, all measures not falling within
this excepted class are subject to the referendum.
"The emergency clause to the measure under considera-
tion does not attempt to declare such measure to be of
the excepted class in the constitutional provision named.
It only declares in a way, the legislative reason for the
conceived emergency. It does not declare that the meas-
ure is 'necessary for the immediate preservation of the
public peace, health or safety.' If it had so declared the
declaration would have been false on the face of the
measure itself. But for our present purpose it suffices
to say that the emergency clause does not bring the
measure within the excepted class named in the Consti-
tution. So that unless a mere emergency clause, will
exempt the measure from referendum, the contentions of
plaintiffs and relator must fail They urge that under
Section 36 of Article IV, the Legislature has the power,
by expressing an emergency in the face of the bill, and
passing the emergency clause by a two-thirds vote, to
put any law into immediate effect.
"We do not so view the matter. The force and effect of
Section 57, when read with Section 36 of said Article IV»
is to withdraw from the power of the Legislature to put
into immediate effect any measure subject to the refer-
endum. The two sections must be read together and
made to harmonize in the light of the history of the con-
stitutional provisions. Section 57 contemplates that 'any
GOVERNOK PHIL M. DONNELLY 83
act' of the Legislature is subject to the referendum, save
and except the measures therein specifically named.
99
From the above authorities, it is plain that Section 2 of
said Committee Substitute for House Bill No. 51 does not
declare that an emergency exists within the meaning of the
above cited constitutional provisions and, therefore, is a mere
nullity. Furthermore, even if it had declared that said Com-
mittee Substitute for House Bill No. 51 is necessary for the
immediate preservation of the public peace, health or safety,
it would be false on its face. Certainly the turning over of
the duties of one board to another does not create an emer-
gency which would effect the peace, health or safety of the
people of this State.
Section 12 of Article IV of the Constitution of 1945 reads
as follows:
"The executive department shall consist of all state elec-
tive and appointive officials and employees except the
officials and employees of the legislative and judicial
departments. In addition to the governor and lieutenant
governor there shall be a state auditor, secretary of
state, attorney general, a state treasurer and a depart-
ment of revenue, department of education, department of
highways, department of conservation, department of
agriculture and such additional departments, not exceed-
ing five in number, as may hereafter be established by
law. Unless discontinued all present or future boards,
bureaus, commissions and other agencies of the state
exercising administrative or executive authority shall be
assigned by the governor to the department to which
their respective powers and duties are germane."
Under the provisions of the above section the State Park
Board, unless discontinued by the legislature, will have to be
assigned by the Governor to the department to which its
respective powers and duties are germane. In my opinion
it is unwise at this time to create new boards which under
the provisions of Section 12, of Article IV of the Constitution
of 1945, will have to be discontinued by the legislature in the
84 MESSAGES AND PROCLAMATIONS OF
near future, or which will have to be assigned by the Governor
to one of the fourteen departments of government now in
existence or to be hereafter created.
In creating the new Park Board in Committee Substitute
for House Bill No. 51 the terms of the members, after the
members of the first board have served their terms, are for
six years. It is my opinion that the terms of members of
boards, bureaus and commissions under the Governor should
not exceed four years. Otherwise, we have the situation of
a Governor's predecessor having made appointments which
overlap the entire term of the Governor. The Governor is
restrained from making appointments for his own adminis-
tration, although he is held responsible, as the head of the
State government, for the acts of those appointed by his
predecessor. The Constitution of 1945 recognized this prin-
ciple in local government and provided that the terms of city
or county officers shall not exceed four years, (Section, 10,
Article VI). I think the same principle should apply to the
boards, bureaus and commissions of the State government
which are under the jurisdiction of the Governor.
For the above and foregoing reasons Committee Substi-
tute for House Bill No. 51 is vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JULY 13, 1945
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
July 13, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri;
I return to you House Bill No, 429, entitled;
GOVERNOR PHIL M. DONNELLY 85
"AN ACT
"Appropriating money for the support of the State
Government for payment of certain contingent and inci-
dental expenses of the State Government, for the period
beginning January 1, 1945 and ending June 30, 1945; and
to appropriate money for the payment of various forms
of relief; for the several departments of the State Govern-
ment, several boards, bureaus, and commissions and state
officers, and persons, firms and corporations for the pay-
ment of which the state may be liable, and appropriating
funds for other purposes for the period beginning January
1, 1945, and ending June 30, 1945 and prior years, with
an emergency clause."
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said
reasons accompany said bill and are my objections to said
items and portions of items.
I.
Section 1. There is hereby appropriated out of the State
Treasury, chargeable to the General Revenue fund, the
sum of Ten Thousand Dollars ($10,000.00) to the State
Auditor to pay for personal services in connection, with
the administration of the Sales Tax Law for the period
beginning January 1, 1945 and ending June 30, 1945,
this amount in addition to the amount appropriated for
a like period in House Bill No. 5, Section 11 of the 63rd
General Assembly, as follows:
A, Personal Service:
For salaries and wages of accountants, auditors,
inspectors, lawyers, bookkeepers, cashiers,
supervisor, assistant supervisors, stenographers,
clerks, janitors, and all other necessary em-
ployees ,,.,,.. .$10,000.00
Total ,.,...,. ,$10,000.00
86 MESSAGES AND PROCLAMATIONS OF
I am approving the sum of $5,000.00 of this appropriation
and disallowing the sum of $5,000.00 for the reason that the
full amount is not now needed, which will leave in effect the
sum of $5,000.00, which amount is hereby approved.
II.
The following item, Section 25, Page 12, lines 27 and 28
of the printed bill as Truly Agreed to and Finally Passed,
From that
part of the
Ordinary Revenue
From set aside for
General the free public
Revenue schools
Bethel W. Eiserman, Admin-
istrator Estate of John S.
Sweet $697.57 $348.79
is vetoed and disallowed in the total sum of $1,046.36 for the
reason that said estate is indebted to the State of Missouri
for inheritance taxes in the sum of approximately $3,000.00
and, therefore, is not entitled to be paid the above refund for
overpayment of inheritance taxes.
III.
The following items, Section 26, Page 13, lines 23 ai*d 24
of the printed bill as Truly Agreed to and Finally Passed,
McKesson & Robbins, Inc., Kansas City, Missouri. .$1,537,92
I am approving the sum of $961.92 of said amount and dis-
allowing the sum of $576.00 for the reason that said sum of
$576.00 is a duplication, which will leave in effect the sum of
$961.92, which amount is hereby approved.
IV.
The following item, Section 26, Page 13, Line 28 of the
printed bill as Truly Agreed To and Finally Passed,
Carl Teal, Hiwa,sse, Arkansas , .$145.03
I am vetoing and not allowing said sum of $145*03 for the
following reason: Mr. Teal held a Wine Solicitor's License
GOVERNOR PHIL M. DONNELLY 87
which was suspended October 6, 1943 for the remainder of the
license year expiring June 30, 1944. His Wine Solicitor's
License was not renewed. Therefore, he can not use stamps
and a refund in stamps should not be made to him. How-
ever, I think he should be paid $145.03 in cash and I recom-
mend that the General Assembly enact the necessary appro-
priation to pay said sum in cash.
V.
Section 36. There is hereby appropriated out of the State
Treasury, chargeable to the General Revenue Fund, the
sum of Two Hundred Fifty Dollars ($250.00) for the
relief of Mrs. Elizabeth Waers, for salary due for the
months of November and December, 1944, as a duly
elected member of the 62nd General Assembly.
I hereby veto and disallow said sum of $250.00. My
reason for vetoing and disallowing said appropriation of $250.00
is because the records in the State Auditor's office indicate
that Mrs. Elizabeth Waers never qualified for the office of
Representative from Clinton County, Missouri. However, I
am informed that she did take the oath of office, before the
county clerk of Clinton, County, Missouri, December 28,
1944, but the Speaker and Chief Clerk of the House of Repre-
sentatives never certified her name to the State Auditor as
a member of the House of Representatives. However, if she
did properly qualify as the Representative of Clinton County
she should be paid out of the appropriation made for the
General Assembly for 1943-1944 as this appropriation does
not lapse until July 17, 1945.
VI.
Section 37. There is hereby appropriated out of the
State Treasury, chargeable to the General Revenue
Fund, the sum of Two Hundred Fifty Dollars ($250.00)
for the relief of Joseph P. Kieley, for salary due for the
months of November and December, 1944, as a duly
elected member of the 62nd General Assembly.
I hereby veto and disallow said sum of $250.00, My
reason for vetoing and disallowing said appropriation in the
88 MESSAGES AND PROCLAMATIONS OF
sum of $250.00 is because the records in the State Auditor's
office show that Mr. Kieley was paid for two days in Novem-
ber and all of December, 1944 and, therefore, is not entitled
to the sum of $250.00 as set forth in Section 37.
VII.
Section 41. There is hereby appropriated out of the State
Treasury, chargeable to the General Revenue Fund, the
sum of Twenty-five Thousand Dollars ($25,000.00) to be
set up as a Sales Tax Token Revolving Fund for the use
of the State Auditor for the period beginning January 1,
1945 and ending June 30, 1945, to purchase tokens to be
used in connection with the collection of the sales tax.
I am approving the sum of $10,000.00 of this appropria-
tion and disallowing the sum of $15,000.00, for the reason
that the full amount is not now needed, which will leave in
effect the sum of $10,000.00, which amount is hereby approved.
VIII.
Section 42. There is hereby appropriated for the State
Auditor chargeable to the Sales Tax Token Revolving
Fund, for the purchase and distribution of new sales tax
tokens and for the redemption of said sales tax tokens
after same are issued in, accordance with Section 11413,
Sales Tax Act of 1943, the sum of Fifty Thousand Dol-
lars ($50,000.00) or so much thereof as may be needed
during the period beginning January 1, 1945 and ending
June 30, 1945 when the same shall have been collected
from the sale of sales tax tokens and deposited to the
credit of said Sales Tax Token Revolving Fund. The
State Auditor shall file with the Governor semi-annual
reports relating to this fund, as provided in the Consti-
tution of Missouri.
I am approving the sum of $20,000.00 of this appropria-
tion and disallowing the sum of $30,000.00, for the reason
that the full amount is not now needed, which will leave in
effect the sum of $20,000.00, which amount is hereby approved*
On July 13, 1945 I approved said House Bill No, 429
GOVERNOR PHIL M. DONNELLY 89
as to all items and portions of items thereof, except the items
and portions of items which are, as in this message above
stated, returned without my approval.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JULY 14, 1945
From the Journal of the House of Representatives , pp. 1472-1474-
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
July 14, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, Committee Substitute for House Bill No. 232,
entitled :
"AN ACT
"To repeal Section 3711, Chapter 29, Revised Stat-
utes of Missouri, 1939, relating to the workmen's com-
pensation law, and the exemption of compensation from
attachment, garnishment and execution, and the allow-
ance of a lien for attorney's fees and the regulation and
allowance of such fees, and to enact a new section in lieu
thereof relating to the same subject matter and to be
known as Section 3711, with an emergency clause."
This bill would remove the regulation of attorney fees
from the Workmen's Compensation Commission. I am un-
able to find any necessity for the enactment of this bill. It is
my opinion that the Missouri Workmen's Compensation Com-
mission has been very fair in awarding attorney fees in com-
pensation, cases. In fact, the average fees allowed in Mis-
souri are higher than the average for the United States as a
90 MESSAGES AND PROCLAMATIONS OF
whole. There may be isolated cases where an, appeal to the
courts is taken and an attorney does an extra amount of work
in which he earns more than the Commission allows, but as
a general rule the allowance by the Commission is reasonable
and adequate for the amount of work that is done. We must
not lose sight of the fact that in the vast majority of compen-
sation cases the issues are limited and fairly simple, the prep-
aration necessary is usually far less extensive than in the
ordinary personal injury damage suits, and the adjudication
more prompt). Therefore, the injured person gets his com-
pensation and the lawyer his fee in a shorter period of time
than under the old method of handling personal injury suits.
The bill has the following provision with reference to the
allowance of attorney fees as a lien on the compensation
(Page 2, Line 10 of the printed bill): "if requested by the
employee's attorney so to do, the Commission may allow
as lien on the compensation, attorney's fees for services in
connection with the proceedings for compensation . . . ,"
This is new matter and is not in the present law. I think the
claimant should have something to say about whether or not
the attorney fees should be a lien on the compensation. The
attorney fee is being deducted from the employee's compensa-
tion, but under this bill, if requested by the employee's attorney,
the fees may be allowed as a lien on the compensation. Under
the present law, "if written notice is given to the Commission
of the nature and extent thereof, the Commission may allow
as lien on the compensation, reasonable attorney's fees for
services in connection with the proceedings for compensation,
if such services are found to be necessary." (underscoring mine)
1 can see no need for a change in the wording of the present
law. I think tihe Commission should pas$ upon the reason-
ableness of the attorney fees and whether or not they are
necessary, and whether or not they should be allowed as a
lien on the compensation. The same is true of the allowance
of attorney fees on appeal. In lines 22 to 25, inclusive. Page
2 of the printed bill, it says "the circuit court having juris-
diction over the appeal from the commission, shall have the
right, when requested by the employee or his attorney in
writing, to fix and determine the fairness and reasonableness
of such attorney's fees," (underscoring mine) This provision
will permit the circuit court on request of the attorney in
GOVERNOR PHIL M. DONNELLY 91
writing, and without the consent of the employee, to deter-
mine the attorney fees. I think the present law whereby the
necessity and reasonableness of the attorney fees is left to
the Commission is the safer and better practice. This bill
will tend to confuse by dividing the jurisdiction as to fixing
and determining attorney fees between the Workmen's Com-
pensation Commission and the courts.
I seriously question the validity of the emergency clause.
However, assuming that it is valid, then the same reason and
argument can be used in behalf of the injured employee or
his widow and dependent children with reference to the war
and the high cost of living, because they are paying the bill,
it is coming out of their compensation, and the war and the
high cost of living affects the injured employee or his widow
and dependent children just the same as it does the lawyer.
I do not think the facts justify the emergency clause.
Apparently the sole purpose of Committee Substitute for
House Bill No. 232 is to allow larger fees for attorneys repre-
senting claimants. This bill will add to the cost of litigation.
This increase might be borne by the injured laboring man,
or his widow and dependent children, at the present time, but
I seriously doubt their ability to bear it when wages are
reduced after the war.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 24, 1945
From the Journal of the Senate, pp. 1208-1&Q5
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 24, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval. Senate Bill No, 65, entitled:
'92 MESSAGES AND PROCLAMATIONS OF
"An Act to repeal Section 5728 of an Act of the
Sixty-second General Assembly in Extraordinary Session
approved April 29, 1944 appearing at pages 45 to 48,
inclusive, of the Laws of Missouri, 1944, Extraordinary
Session, relating to the annual license fees on motor
carriers for the transportation, of persons and property
by motor vehicle and enacting in lieu thereof a new sec-
tion to be known as Section 5728 relating to the same
subject matter."
Senate Bill No. 65 repeals Section 5728 of an act of the
62nd General Assembly, Extraordinary Session, 1944, Laws of
Missouri, Extra Session, 1944, page 45.
The principal changes sought to be effected by Senate
Bill No. 65 are the the elimination of fees for alternate vehicles,
the elimination of the present provisions requiring the license
issued by the Public Service Commission for a specific vehicle
and in lieu thereof issuing the license to the motor carrier,
and changing the method of determining the amount of the
license fee for vehicles used as common carriers of freight.
Under the provisions of the act passed by the 62nd Gen-
eral Assembly, Regular Session, found in Laws of Missouri,
1943, page 864, there was this provision:
"Section 5728, subsection, (e). The annual license fee
required by this article is intended to cover only the
motor vehicle for which it is issued and none other;
At the time this act was passed the Public Service Commission
had a rule or regulation in effect whereby the motor carrier
•could use at least two alternate vehicles upon the payment
of a certain fee. The 1943 act conflicted with this rule of the
Commission because the act limited the license fee to the
particular vehicle and none other. At the Extraordinary
Session of the General Assembly in 1944 am act was passed
amending the 1943 act. This is found in Laws of Missouri,
1944, Extraordinary Session, pages 45 to 48, inclusive. In
-subsection (e) of the 1944 act provision was made permitting
a carrier to describe on his annual license card not more than
two emergency vehicles of weight carrying capacity not
GOVERNOR PHIL M. DONNELLY 93
greater than that of the regularly licensed vehicle upon the
payment of an annual fee of $5.00 for each alternate vehicle
described on said annual license card. There also was written
into this section the following sentence: "Only one of such
three vehicles as shown on the annual license card may be
operated in the State at any one time." There is no question
but that the fees charged for alternate or emergency vehicles
will be eliminated under the provisions of Senate Bill No. 65,
and a drastic reduction in the fees of travel orders.
Under the provisions of subsection (e), page 4, line 97
of Senate Bill No. 65 (the Truly Agreed To and Finally Passed
bill), the license or permit card required of a motor carrier
is intended to cover any vehicle operated by such motor car-
rier having a seating or weight carrying capacity not greater
than that described by the permit card. This provision will
make it impossible to enforce the provision found in sub-
section (a), page 3, lines 41 to 45, inclusive, which is as follows:
"In case of emergency or usual temporary demand for trans-
portation, the license fee on additional motor vehicles for
limited periods shall be fixed by the commission in such
reasonable amount as may be prescribed by general or tem-
porary order."
With the license or permit card permitted to be used on
any vehicle of similar capacity the Commission would be un-
able to enforce the collection of any fee it might fix for the
use of an emergency or temporary vehicle. There would be
no way of determining whether the vehicle in use was the
regular one or an emergency vehicle. It is difficult to esti-
mate the amount of revenue that the State would lose by this
elimination of fees for the benefit of the motor carrier.
In addition to eliminating fees for the operation of emer-
gency vehicles, subsection (e) of Senate Bill No. 65, by author-
izing the use of the license or permit to cover any vehicle of
similar capacity operated by the carrier, does away with the
necessity of identifying the vehicle for which the license is
issued and any requirement that a license should be required
for a special vehicle, as seems to be contemplated under the
provisions of subsection (e) of the existing law.
Subsection (e) is also ambiguous in that it fails to make
clear whether it is the intention of the General Assembly to
94 MESSAGES AND PROCLAMATIONS OF
authorize the use of one license or permit to cover the opera-
tion of several vehicles of similar capacity at the same time,
or to restrict the use of one license or permit card to one
vehicle at one time.
With the General Assembly specifically saying the license
card or permit card is intended to cover any vehicle of similar
capacity operated by the carrier the conclusion might be
reached that several vehicles of similar capacity could be
operated at the same time under one license or permit card.
This is especially true in view of the fact that the sentence
above quoted, to wit: "Only one of such three vehicles as
shown on the annual license card may be operated in the
State at any one time." is omitted from subsection (e) of
Senate Bill No. 65. There is no question but that the present
law limits the use of the license or permit card to one vehicle
at one time.
The portion of the next sentence of subsection (e) in
parentheses seems to limit the use of the license or permit
card to one vehicle at a time by requiring that the license or
permit card be displayed in or on any vehicle operated there-
under. Up to the beginning of the parentheses there is noth-
ing in subsection (e) to indicate that several vehicles of similar
capacity might not be operated under one license or permit
card at one time. No identification of the vehicle is required
and if it is possible to secure duplicate permit cards a carrier
inclined to evade the law could operate as many vehicles at
the same time as duplicate permit cards could be procured for.
Subsection (e) is [in?] regard to the ambiguity and the
possibility to evade the law is an unsatisfactory subsection.
The next question is the change in the method of deter-
mining the license.
Under the existing law the amount of the license fee is
determined by the manufacturer's rated load capacity or the
actual weight carrying capacity of the vehicle. By the pro-
visions of subsection (c) of Senate Bill No. 65 the amount of
the license is to be determined by the "actual pay load or
weight carried/' Under subsection (c) of the 1944 act the
Public Service Commission is authorized to determine the
weight carrying capacity of the vehicle. Senate Bill No* 05
does not authorize the Commission to determine the "actual
GOVERNOR PHIL M. DONNELLY 95
pay load or weight carried," nor are these words defined at
any place in the bill. This puts the Commission in the posi-
tion of having to collect a license fee upon an undefined basis,
and requires a consideration of these words "actual pay load
or weight carried" in an attempt to determine their mean-
ing and how the Commission would apply the meaning of
them in collecting the license fee. The words have no tech-
nical meaning and should be taken in their usual and ordinary
meaning. Applying this test the words "actual pay load"
means the quantity of freight transported for which the fixed
schedule of tariff has been collected or will be collected; and
the words "weight carried" means the amount of freight
which has been transported, measured in pounds, hundred-
weight or tons. Using these meanings for the words which
give the method by which the Commission is to determine
the fee it is obvious that the Commission could never deter-
mine the amount of the license fee for a vehicle. The Com-
mission could not know the actual pay load of a vehicle or
how much weight it had carried in order to collect a fee in
advance for the operation of the vehicle as a motor carrier.
Such a situation would be absurd, unreasonable, and the law
inoperative.
This bill does not prescribe a method for the Commission
to determine the amount of license to be charged. In this
situation the only alternative is that the Commission would
be required to accept the statement of the motor carrier as
to the capacity of the vehicle as to the amount of the "actual
pay load" it could transport "or the amount of weight" it
could carry. This would result in a situation rendering the
statute unenforceable because of the failure to provide a
method for the Commission to use in determining the capacity
of the vehicle, to define the meaning of the words, and to
authorize the Commission to make the determination.
In conclusion it is my opinion that subsection (c) of
Senate Bill No* 65 is unenforceable and invalid; that sub-
section (e) is ambiguous and indefinite.
There is no question but what the revenue of the State
would be reduced under the provisions of this bill and in
96 MESSAGES AND PROCLAMATIONS OF
view of the ambiguous and indefinite provisions of this bill
it is my opinion that it should not become a law.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 2, 1945
From the Journal of the Senate, pp. 1210-1217
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON QTY,
August 2, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Committee Substitute for Senate Bill No. 113,
entitled:
"AN ACT
"Granting and ceding to the United States exclusive
jurisdiction over certain lands and improvements thereon
located in the State of Missouri, for the purpose of estab-
lishing, creating, erecting and maintaining a United
States Veterans' Facility for veterans of all wars, and
authorizing the governor of Missouri to make, execute
and deliver proper deeds of conveyance to such lauds for
the consideration of one dollar, and upom delivery of the
proper deeds of conveyance, to cede to the United States
exclusive jurisdiction over such lands saving and reserv-
ing to the State of Missouri the right of taxation, and
further saving and reserving to the State of Missouri
the right to serve thereon any civil or criminal process
issued under the authority of the State, and fixing the
conditions under which such jurisdiction shall terminate,
with an emergency clause."
GOVEBNOB PHIL M. DONNELLY 97
Committee Substitute for Senate Bill No. 113 and Senate
Bill No. 157 are companion bills and will be discussed together.
Committee Substitute for Senate Bill No. 113 gives the
consent of the State of Missouri to the United States for the
acquisition of certain lands and improvements thereon, and
empowers, authorizes, and directs the Governor to make,
execute, and deliver proper deeds of conveyance of such lands
and improvements to the United States for the consideration
of $1.00 when application is made to the Governor for the
purpose provided in the act; and further provides that delivery
of proper deeds shall cede to the United States jurisdiction
over the lands in question for the purpose of establishing,
creating, erecting, and maintaining a United States Veterans'
Facility for the veterans of all wars. The land in question
is the land conveyed to the State of Missouri by the Con-
federate Home of Missouri, a corporation organized under
the provisions of Article 10, Chapter 21, Revised Statutes of
Missouri, 1879, pursuant to an act of the legislature found
in Laws of Missouri, 1897, page 26. Said Committee Sub-
stitute for Senate Bill No. 113 gives exclusive jurisdiction over
the lands so acquired by the United States and attempts to
reserve to the State of Missouri the right of taxation, and
further reserves to the State the right to serve thereon any
civil or criminal process. Said act further provides that the
jurisdiction so ceded to the United States shall continue no
longer than the United States shall own such lands and use
the same for the purposes for which they were acquired.
However, the act does not provide, nor require the deed in
question to do so, that the lands will revert to the State of
Missouri if the United States fails to use the lands for the
purposes for which they were acquired. The act also contains
a purported emergency clause.
Senate Bill No. 157 authorizes the Board of Managers of
the State Eleemosynary Institutions to rent or lease suitable
quarters situated in or near Higginsville, Missouri, to house
and care for any and all Confederate veterans and the aged
and infirm wives and widows of said veterans now resident
in the Confederate Home at Higginsville, Missouri. (Under-
scoring mine.) This act does not authorize said Board of
Managers to rent or lease suitable quarters for any other ex-
98 MESSAGES AND PROCLAMATIONS OF
Confederate soldiers and sailors, their wives, widows, and
orphans as provided for in the original act creating the Con-
federate Home as a State institution. Said act also omits
the orphans of the ex-Confederate soldiers and sailors. Said
act has an emergency clause which provides in part that
"Since there is a need for the establishment of a suitable
home in or near Higginsville, Missouri, for the care and
maintenance of such Confederate veterans and the aged
and infirm wives and widows of said veterans now resi-
dent at the Confederate Home."
A brief history of the Confederate Home is necessary to
understand the effects of Committee Substitute for Senate
Bill No. 113 and Senate Bill No. 157. The Confederate Home
was originally owned and operated by a corporation organized
as a benevolent corporation under the provisions of Article
10, Chapter 21, Revised Statutes of Missouri, 1879. The
legislature in 1897 passed an act found in Laws of Missouri,
1897, pages 26 to 28, inclusive, approved March 1, 1897,
declaring in, Section 1 of said act, the institution known as
the Confederate Home situated near Higginsville in Lafayette
County, Missouri, to be an eleemosynary institution, of the
State of Missouri, in which infirm and dependent ex-Con-
federate soldiers and sailors, their wives, widows, and orphans
may be maintained and cared for.
By Section 2 of said act the State of Missouri assumed the
maintenance and support of said Confederate Home for the
term of twenty years, or so long as it shall be needed for the
purpose of Section 1. (Underscoring mine.) It further pro-
vided, that in consideration of this action upon the part of
the State, the present executive committee of said Confed-
erate Home shall convey to the State of Missouri all property
of said Confederate Home now owned and held by it, con-
sisting of 362.86 acres of land more or less near Higgins-
ville, Lafayette County, Missouri, except 2,86 acres for a
cemetery lot, together with all improvements thereon, and all
personal property at said Home. Said act further provided
that the deed, after being duly recorded shall be deposited
with the Secretary of State. The control and management
was vested by said act in a Board of Managers,
GOVERNOR PHIL M. DONNELLY 99
Pursuant to said act the corporation, the Confederate
Home of Missouri, through its officers, conveyed to the State
of Missouri the land in question by deed on the 16th day of
March, 1897. Said deed provided in part that the officers of
said Home
"do hereby pursuant to an act of the legislature of Mis-
souri approved March 1, 1897, and in consideration of
the assumption of the State of Missouri of the mainte-
nance and support of said Confederate Home for the term
of twenty years or so long as it shall be needed for the
maintenance and care of infirm and dependent ex-Con-
federate soldiers and sailors, their wives, widows and
orphans, all as contemplated and provided in the afore-
said act of the legislature of Missouri, approved March
1, 1897, convey, grant, bargain and sell in fee simple
forever unto the State of Missouri, the following described
tracts or parcels of land situate in Lafayette County,
State of Missouri, near the town of Higginsville, Mis-
souri, known as the Confederate Home of Missouri,
to-wit:"
(The 362.68 acres of land is described by metes and bounds,
except 2,68 acres to be used as a cemetery lot.) This being
the same land described in Committee Substitute for Senate
Bill No. 113.
Said Act of 1897 has been amended from time to time
and Section 2 thereof has not been carried forward in the
later revisions of the statutes; however, it has never been
repealed and, in, my opinion, could not have been repealed.
The Confederate Home, however, has been maintained and
supported by the State for the purposes set out in the deed
and Act of 1897 since the land was conveyed to it pursuant
to said act.
The Board of Trustees of the Confederate Home on
December 1, 1924, passed a resolution in which it was stated
that the Board of Trustees were trustees of an endowment
funds of $19,000 under the provisions of the will of C. T.
Jaquith for the "use aud benefit of the Confederate Home,"
and that other endowment money was available, and that it
was to the best interests of the State that certain described
land be set aside for all time to come as a Memorial Park.
100 MESSAGES AND PROCLAMATIONS OF
Said resolution, petitioned the 63rd General Assembly of Mis-
souri and the Governor to approve said designation of the
lands for that purpose, and that the legislature be requested
to approve and agree to accept for permanent maintenance
the earnings of endowment moneys coming into the hands of
the Board of Trustees for the purpose of permanent mainte-
nance of said part for all time to come. The land so designated
in the resolution was a part of the land conveyed to the State
of Missouri as aforesaid and accepted by it under the Act of
1897. The part so designated for a Memorial Park being
approximately 92 acres.
The legislature in 1925, Laws of Missouri, 1925, page 136,
authorized the Board of Trustees of the Confederate Home
to accept gifts, donations, and bequests, including gifts, dona-
tions, or bequests already given, offered or provided for, from
any private source or sources not exceeding in the aggregate
$75,000, the same to be set apart and maintained as a per-
manent endowment for the maintenance of the grounds there-
after described. Said act further provided that the Board of
Trustees was empowered and authorized to invest the moneys
so derived and use the income therefrom for the maintenance
of said grounds, but the principal thereof should remain intact
as a permanent endowment fund. Said act further provided
that in consideration of the bestowal of any such gifts, dona-
tions, or bequests for the purposes above mentioned, cer-
tain described lands, which were a part of the land used by
the Confederate Home shall be and are hereby set apart as
a permanent Memorial Park to the valor of Confederate
soldiers. (Said land being approximately 92 acres and de-
scribed in Section 15135, Revised Statutes of Missouri, 19390
Certain gifts and donations have been received by the
Board from time to time, and at one time members of the
Daughters of the Confederacy were assessed for the purpose
of building up said endowment fund.
Pursuant to said Act of 1925 the land described therein
was dedicated as a park, and the income from the endowment
fund has been used for the maintenance of said grounds as
a permanent Memorial Park to the valor of Confederate
soldiers. The General Assembly in 1943, Laws of Missouri,
1943, pages 953 to 955, inclusive, provided that the Board
of Trustees of the Confederate Home should be abolished and
GOVERNOR PHIL M. DONNELLY 101
the control and management of said Home be transferred to
the Board of Managers of the State Eleemosynary Institu-
tions. Said act further provided that the Board of Managers
of the State Eleemosynary Institutions, shall continue to
maintain the Confederate Home and Memorial Park at
Higginsville, Missouri, for the purpose for which it was estab-
lished so long as it shall be needed for the maintenance and
care of the infirm and dependent ex-Confederate soldiers and
sailors, their wives, widows, and orphans. Said Act of 1943
made said Board of Managers the custodian of any endow-
ment funds, to be set apart and maintained as a permanent
endowment for the maintenance of the grounds described in
Section 15135, Revised Statutes of Missouri, 1939, which
grounds were those designated as a permanent Memorial Park.
Said Act of 1943 further provides that it shall be the
duty of the Board of Managers of the State Eleemosynary
Institutions to designate one suitable building, closely asso-
ciated with the care of the Confederate veterans and their
survivors as a memorial building, in addition to the Memorial
Park, upon which shall be placed a suitable plaque and to
select and purchase a suitable commemorative stone to be
erected upon the grounds of the Memorial Park, which plaque,
park, and monument shall stand as a perpetual memorial
to the valor of those who served the Confederacy in the War
between the States.
Said Act of 1943 further provides that the Board of
Managers of the State Eleemosynary Institutions shall have
full power IB its discretion to transfer to said Home any
aged, infirm person who now is or hereafter may be properly
within its jurisdiction as an inmate of any State Hospital;
provided, that said transfer shall not interfere with the pur-
pose for which said Home was established.
From the above it is plain that the Confederate Home of
Missouri in 1897, which was then a benevolent corporation,
conveyed the land in question (362.68 acres) to the State of
Missouri in consideration of the assumption, by the State of
Missouri of the maintenance and support of said Confederate
Home so long as it shall be needed for the maintenance and
care of infirm and dependent ex-Confederate soldiers and
sailors, their wives, widows, and orphans. It is also apparent
that the State of Missouri, by the Act of 1897, accepted said
102 MESSAGES AND PROCLAMATIONS OF
lands as conveyed and assumed the maintenance and support
of said Confederate Home so long as it was needed to care
for infirm and dependent ex-Confederate soldiers and sailors,
their wives, widows, and orphans.
In my opinion, there is no question that the entire trans-
action between the original grantors and the State of Missouri
constituted a valid contract between the corporation and the
State of Missouri and that both parties are legally and morally
bound by the terms thereof. (Franklin vs. Moss 101 S. W.
(2nd) 711 1. c. 714.)
Ordinarily a law enacted by one legislature may be re-
pealed by a succeeding legislature; however, there are excep-
tions to this rule. Section 13 of Article I of the Constitution
of Missouri of 1945 provides
"That no ex post facto law, nor law impairing the obliga-
tion of contracts, or retrospective in its operation, or
making • any irrevocable grant of special privileges or
immunities, can be enacted."
If Senate Bill No. 157 and Committee Substitute for
Senate Bill No. 113 impair the obligation of the State of Mis-
souri to maintain the Confederate Home so long as it shall
be needed for the maintenance and care of infirm and depend-
ent ex-Confederate soldiers and sailors, their wives, widows,
and orphans, they would, in my opinion, be in violation of
Section 13 of Article I of the Missouri Constitution. That
they do this is apparent from the wording of said acts and
particularly Section 4 of Senate Bill No. 157, which provides
as follows:
"Since there is a need for the establishment of a suitable
home in or near Higginsville, Missouri, for the care and
maintenance of such Confederate veterans and the aged
and infirm wives and widows of said veterans now resi-
dent at the Confederate Home, an emergency exists
within the meaning of the Constitution of Missouri, and
this act shall be in full force and effect from and after its
passage and approval."
As pointed out above, this act does not even attempt to
provide for any other qualified persons than those now rest-
GOVERNOR PHIL M. DONNELLY 103
dent at the Confederate Home. (Underscoring mine.) As shown
above, the legislature in 1925 authorized and empowered the
Board of Trustees of the Confederate Home to accept gifts,
donations, and bequests from any private source or sources
to be set apart and maintained as a permanent endowment
for the maintenance of the grounds thereafter described as a
permanent Memorial Park to the valor of Confederate soldiers.
By said act the legislature in consideration of any such gifts,
•donations, or bequests set apart certain designated lands as
.a permanent Memorial Park. Bequests, gifts, and donations
have been solicitied and accepted for the maintenance of said
Park and at the present time said endowment fund amounts
to approximately $25,000.00. I believe that the acceptance
of such gifts, donations, or bequests under the terms of said
act would create a valid contract between the donors and the
State of Missouri, and the failure of the State of Missouri to
maintain the permanent Memorial Park in question as pro-
vided in said act would constitute a breach of its obligation
to persons who had been induced to make gifts, donations,
and bequests. An act of the legislature attempting to deed
or cede lands set apart as a permanent Memorial Park would
be an act impairing the obligation of the State and, to say
the least, would be a breach of trust on the part of the State.
It is my opinion that Committee Substitute for Senate
Bill No. 113 authorizing the Governor to convey and ceding
to the United States certain, lands now used for the care and
maintenance of infirm and dependent ex-Confederate soldiers
and sailors, their wives, widows, and orphans and for a per-
manent Memorial Park to the valor of Confederate soldiers
is a breach of the State's contractual obligations, in violation
of Section 13 of Article I of the Constitution of Missouri and
is therefore unconstitutional and void.
Said Committee Substitute for Senate Bill No. 113 is,
in my opinion, further unconstitutional for the reason that it
attempts to reserve to the State of Missouri the right of taxa-
tion to the same extent and in the same manner as if the
land in question was not ceded to the United States. Section 43
of Article III of the Constitution of Missouri provides in part
". * * No tax shall be imposed on lands the property
of the United States; , , * *"
104 MESSAGES AND PROCLAMATIONS OF
In addition to the unconstitutionally of Committee Sub-
stitute for Senate Bill No. 113 I think there is another reason
why said act should be voted [vetoed].
At State Hospital No. 1, Fulton, there are 2515 inmates.
If they had the facilities, personnel, and funds at this insti-
tution they could accommodate 2982 patients. There is an
over-crowding of elderly patients. At the present time there
are 26 on the waiting list.
At State Hospital No. 2, St. Joseph, they have 2666
inmates. The normal capacity of this institution is approxi-
mately 2020 inmates. They have approximately 650 in excess
of their normal capacity. They have 29 on their waiting list
in addition to several that have been accepted but have not
been delivered to the institution. The principal over-crowd-
ing at this institution is in the aged group.
At State Hospital No. 3, Nevada, they have 2128 inmates
and their normal capacity is approximately 1530. They also
have approximately 35 on their waiting list.
At State Hospital No. 4, Farmington, they have 1830
inmates, the normal capacity of this hospital is 1600. They
have on file 243 requests for admission to the institution.
They are unable to admit these people because of the over-
crowded condition of the institution.
At the Missouri State School at Marshall they have 1738
patients enrolled and while they have some beds unoccupied
this is approximately their capacity. Some of their wards are
slightly over-crowded due to classification; however, this insti-
tution has 850 applicants on their waiting list.
The above information demonstrates the over-crowded
conditions at our eleemosynary institutions.
The Confederate Home at Higginsville consists of the
following buildings and property:
Administration Building, two story brick, six bed-
rooms upstairs and four rooms and a hall downstairs.
Men's dormitory and hospital, two atory brick build-
ing (main building with an ell) with seven large rooms
and a large dormitory upstairs, seven rooms and a din-
ing room and kitchen on the main floor, also a basement*
This building will easily accommodate 300 people.
GOVERNOR PHIL M. DONNELLY 105
Hospital building, two story brick, seven rooms up-
stairs, the downstairs can be made into wards and rooms
and accommodate approximately thirty people.
Women's dormitory and hospital, two story brick
building, twelve rooms upstairs and nine rooms down-
stairs, with kitchen and dining room.
Office and commissary building, one story brick.
With the exception of one building, which was slightly
damaged by fire, all of the above brick buildings are in
fairly good condition and with the expenditure of a rea-
sonable amount of money could be used very nicely.
One two story frame building, used by the Superin-
tendent.
Seventeen (17) frame residence buildings. The roofs
on these buildings are all in good condition and the build-
ings are in fairly good repair. A number of these frame
buildings are four and five room houses.
One church building.
A number of the brick buildings have several hundred
dollars worth of furnishings in the unoccupied rooms.
There is also a power plant, dairy barn, garage,
green house, and other small buildings on the premises.
There is a herd of cattle, other livestock, and con-
siderable farm equipment.
A special committee of the House of Representatives of
the 63rd General Assembly made a report on the condition
of the property at the Confederate Home at Higginsville and
its report will be found in the House Journal of March 21,
1945, at page 443.
In my opinion, the facilities of the Confederate Home,
which are not needed for the maintenance and care of infirm
and dependent ex-Confederate soldiers and sailors, their wives,
widows, and orphans, are needed and could be used for the
oare of the overflow of patients in the various State Hospitals.
In fact, many harmless, aged, infirm persons now inmates in
the State Hospitals could undoubtedly be better cared for in
these buildings at the Confederate Home than in the present
hospitals where they are now confined. If this were done,
more persons who are mentally afflicted could be cared for
at the State Hospitals.
106 MESSAGES AND PROCLAMATIONS OF
As above stated, under the provisions of the Act of 1943,
the Board of Managers of the State Eleemosynary Institu-
tions now have full power and authority to transfer to the
Confederate Home any aged, infirm person who is an inmate
of any State Hospital. By the expenditure of a reasonable
sum of money the buildings at the Confederate Home could
be put in condition to take care of several hundred of the
patients at the four State Hospitals and thereby greatly relieve
the over-crowded condition at these hospitals.
I respectfully recommend that the General Assembly give
serious consideration to the passage of an appropriation suffi-
cient to put these buildings in condition and equip them for
the above purpose.
Committee Substitute for Senate Bill No. 113 empowers,
authorizes, and directs the Governor to make, execute, and
deliver deeds of conveyance of the Confederate Home property,
and improvements thereon, to the United States for the con-
sideration of $1.00.
As above stated the Confederate Home is an eleemosy-
nary institution and under the provisions of Section 9272,,
Revised Statutes of Missouri, 1939, the title of all real estate,
or personal property now owned by the eleemosynary insti-
tutions, or by the State for their use, is vested in the Board
of Managers of the Eleemosynary Institutions for the use and
benefit of said institutions.
While I believe that the General Assembly has the author-
ity to authorize the sale of any real estate owned by any of
the eleemosynary institutions, yet, there is a serious question
in my mind as to whether the Governor has the authority to
execute a deed for the conveyance of land owned by an elee-
mosynary institution when the title to the land is vested by
statute in the Board of Managers of the Eleemosynary
Institutions.
But whether or not the Governor has the authority to
execute a deed conveying the Confederate Home property to
the United States government for the consideration of $LQO,
I do not want to be a party to giving away all of the build-
ings and property which constitute the Confederate Home
when I believe that these buildings and property can be
repaired, equipped, and used to advantage by the State for
the purposes above indicated.
GOVERNOR PHIL M. DONNELLY 107
No provision is made in either of these bills, if they should
become the law, for the disposition of the endowment fund
of $25,000.00 or any other personal property at said institution.
For the reasons hereinabove set forth, I do not believe
that these bills should be approved and are therefore vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 2, 1945
From the Journal of the Senate, p. 1217
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON OTY,
August 2, 1945,
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 157, entitled:
"AN ACT
"Authorizing the board of managers of the state
eleemosynary institutions to rent or lease a suitable prop-
erty in or near Higginsville, Missouri, to house, care for
and maintain, such Confederate veterans and the aged
and infirm wives and widows of said veterans now resi-
dent in the Confederate Home, and providing powers
and duties of said board in regard to the control and
maintenance of said home, and for the admission and
transfer of certain persons from the Confederate Home
to said home; with an emergency clause."
108 MESSAGES AND PROCLAMATIONS OF
In view of the fact that I vetoed Committee Substitute
for Senate Bill No. 113, Senate Bill No. 157 is also vetoed.
My reasons for vetoing this bill are set forth in the message
attached to Committee Substitute for Senate Bill No. 113,
dated August 2, 1945.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 3, 1945
From the Journal of the Senate, pp. 1217-1220
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 3, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 126, entitled:
"AN ACT
"To repeal Sections 13387, 13388, 13392, 13393,
13394 and 13395, of Article 1, all in Chapter 99; and
Section 9179, of Article 9, in Chapter 48; and Sections
2065 and 2073, of Article 2, in Chapter 10; and Section
2214 of Article 4, in Chapter 10; and Section 2286, of
Article 5, in Chapter 10; and Section 2311, of Article 6,
in Chapter 10, all Revised Statutes of Missouri, 1939,,
all relating to the salaries and expenses of Judges of the
Supreme Court, the Courts of Appeals, Circuit Courts,
the St. Louis Court of Criminal Correction, and the Cape
Girardeau Court of Common Pleas; and enacting three
new sections in lieu thereof, relating to the same subject
matter of the salaries and expenses of such Judges; pro-
viding that the salaries and expenses herein provided shall
GOVERNOR PHIL M. DONNELLY 109
constitute the total salaries and expenses of said Judges,
that said Judges shall receive no other salaries, expenses,
or compensation for any duties required to be performed
by them under the law, repealing all other conflicting
laws."
A protest was filed with Senate Bill No. 126 under the
provisions of Section 30, Article III of the Constitution of
Missouri, 1945. One of the reasons alleged in said protest
was that the compensation of the judges of the Supreme
Court and the other judges included in the bill was in direct
contravention of Section 13, Article VII of the Constitution
of Missouri, 1945, which provides:
"The compensation of state, county and municipal officers
shall not be increased during the term of office; . . . ."
Said protest also referred to Section 24 of Article V of
the Constitution of Missouri, 1945, which provides:
"All judges shall receive as salary the total amount of
their present compensation until otherwise provided by
law, but no judge's salary shall be diminished during his
term of office "
I do not believe there is any conflict between these two
provisions of the Constitution. Article VII deals with public
officers and Section 13 thereof refers to State, county and
municipal officers. While I consider a judge a State officer
yet this section is general in its terms.
Article V deals exclusively with the judges. I believe
Section 24 thereof is specific in its application and, therefore,
the provisions of Section, 24 of Article V would govern over
the provisions of Section 13 of Article VII because they are
specific. Said Section 24 of Article V says that no judge's
salary shall be diminished during his term of office. It does
not say that it shall not be increased.
There being no conflict between these two provisions of
the Constitution, I believe that the General Assembly has the
authority to increase the salaries of the judges during their
term of office*
110 -MESSAGES AND PROCLAMATIONS OF
With reference to the merits of the bill, I believe that this
bill is too broad in its scope and undertakes too many in-
creases in salary at one time. Some of the increases are too
high and unjustified. I do not believe that the salary increases
of the judges of all the courts of the State should be included
in one bill. „ The Supreme and Appellate Judges could be
included in the same bill; however, the circuit judges should
be in a separate bill. For instance, during this present General
Assembly the salary of the circuit judges of St. Louis County
was increased $1500.00 per annum for each circuit judge in
said county, making their salary $8000.00 per year. This was
done by House Bill No. 78 which was approved. The bill
passed the General Assembly as it was originally written;
the judges of St. Louis County received what they asked for.
They were satisfied. Senate Bill No. 126 gives them an
additional increase of $1000.00 per year. I do not think it is
fair to do this and that is one reason why I think there should
be separate bills so that a situation of this kind may be taken
care of. Other instances of substantial increases in salary in
Senate Bill No. 126 is the circuit judge in Pettis County. He
now receives $4700.00 per year and is increased by this bill
to $8000.00 per year. There is only one county in this circuit
and, of course, the judge is in his home county all the time.
The judge of the St. Louis Court of Criminal Correction is
increased from $4000.00 per annum to $7000.00 per annum*
There are other increases which I think are out of line and
make inequalities in this bill.
At the present time the salary of the circuit judges in
the City of St. Louis is $8000.00 per year. The salary of the
circuit judges in St. Louis County, since the enactment of
House Bill No. 78, is $8000.00 per year. The salary of the
-circuit judges in Jackson County is $8000,00 per year. All
of the these judges are in their own county or city ami do
not have to leave their home county to hold court. The out-
state circuit judges, whose circuits comprise more than one
•county, receive compensation at the rate of $6000*00 per year;
however, $1200.00 of this amount is for expenses, (Section
13393) because of the fact that they are away from their home
county a greater part of the time holding court* In reality
this makes their net salary $4800.00. I think these outstate
circuit judges are entitled to an increase in salary before some
GOVERNOB PHIL M. DONNELLY 111
of the other circuit judges have their salaries increased, for
the reason that the outstate judges are compelled to hold
court in several counties and have their traveling and other
expenses to pay, while the circuit judges in St. Louis City and
the counties above mentioned do not have to leave their home
county and, of course, have no such expenses. There are
several circuits in the State which have six counties, each
county generally has three regular terms of court each year
and very often adjourned terms. This means that the rural
circuit judge, who has six counties, is holding at least fifteen
regular terms of court each year away from home in addition
to the adjourned terms. This bill does not correct this situa-
tion. For instance, the judges in St. Louis City, St. Louis
County, and Jackson County would receive $9000.00 per year
under the terms of this bill and although the bill provides
for a salary of $8000.00 for outstate circuit judges, they
would not receive this full amount because Section 13393, the
section under which they now receive their expenses, is repealed
outright by Senate Bill No. 126 and no section enacted in
lieu thereof. This means that the outstate circuit judges
would have to pay their expenses while holding court away
from home, which expenses would have to be deducted from
their salary. On the present basis of $1200.00 per year for
expenses under Section 13393, this would mean that their net
salary would be $6800.00, while the above mentioned circuit
judges doing similar work and remaining in their home county
or city all of the time and under no expenses for being away
from their home county or city would receive $9000.00 per
year. I think these inequalities should be corrected before
there is a blanket increase of salaries for all judges.
Another provision of this bill that does not meet my
approval is that, under the present law, the salaries, and in
some instances part of the salary and expenses of the circuit
judges, are paid by the counties and the City of St. Louis,
while under the provisions of Senate Bill No. 126 the whole
salary load is shifted to the State. For instance, in the City
of St. Louis at present the State pays $2000,00 per year of
the salary of each circuit judge and the balance of $6000.00
per year is paid by the City of St. Louis. There are eighteen
circuit judges in St Louis, which means a shift of $108,000
per year from the City of St. Louis to the State by this bilL
112 MESSAGES AND PROCLAMATIONS OF
In St. Louis County $6000.00 of the $8000.00 received by the
circuit judges is paid by St. Louis County; there are four
judges in St. Louis County, making a shift of $24,000.00 from
the county to the State. In Jackson County $6000.00 of the
$8000.00 which the circuit judges receive is paid by Jackson
County. There are ten judges in Jackson County, making
a shift of $60,000.00 from the county to the State by this
bill. In Buchanan County the salary of the circuit judge is
$6000.00; $4000.00 of this amount is paid by Buchanan
County. There are three judges in this county, making a
shift of $12,000.00 from Buchanan County to the State.
In Greene County the county pays $4000.00 of the judge's
salary of $6000.00; there are two circuit judges in Greene
County, making a shift of $8000.00 to the State. In Pettis
County, one judge, $1200.00 of his salary is paid by the county
which would be shifted to the State. In Jasper County
$2500.00 of the salary of each of the circuit judges is paid by
the county. There are two circuit judges, which would be
$5000.00 per year shifted from the county to the State, This
makes a grand total of $218,200.00 per year which is shifted
to the State by this bill. In addition to that, the increases
in salaries provided for by Senate Bill No. 126 amount to
$145,950.00 per year, which added to the sum of $218,200.00,
which the State would have to pay if this bill were enacted,
would make a grand total of $364,150.00 per year additional
which the State would have to pay, above what it now pays,
No doubt the State could pay this increase in salary at
the present time, but increases in the cost of government must
be closely watched because they may become a real burden
when normal times return. I recognize the fact that sub-
stantial salaries should be paid the judiciary iu order to have
efficient and qualified lawyers serve as judges of our courts.
However, this bill, in my opinion, has too many inequalities
in the increase of salaries.
Senate Bill No. 126 repeals Section 13394, Revised Stat-
utes of Missouri, 1939, and does not enact any section in lieu
thereof. The repeal of this section does away with jury com-
missioners in the rural counties "of Missouri. I think the cir-
cuit judges in rural Missouri have rendered a valuable service
as jury commissioners in assisting the county courts to pre-
pare jury lists and drawing the names of jurors as is provided
GOVERNOR PHIL M. DONNELLY 113
for by law at the present time. We cannot have too many
safeguards in the selection of jurors who are to pass upon the
life, liberty, and property of our citizens. The repeal of Sec-
tion 13394 will take away the supervision of the circuit judges
over the selection of the jury lists and again leave it with
the county courts, which I do not believe should be done.
If this section (13394) is to be repealed then certainly some
provisions pertaining to the circuit judges acting as jury
commissioners should be enacted in lieu thereof.
For the above reasons I do not believe that this bill
should be approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 1945
From the Joivmal of the House of Representatives, pp. 1855-1857
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON QTY,
October 11, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No, 195, entitled:
"AN ACT
"Relating to recorders in all counties in the state of
Missouri which now have or which may hereafter have
19,000 inhabitants or more, but not to exceed 200,000
inhabitants, according to the last decennial census of the
United States; providing that the County Court shall
compensate the recorder fifty cents for services in record-
ing a discharge of a member of the armed forces and
fifty cents for furnishing a certified copy of any public
documents to certain persons, with an emergency clause."
114 MESSAGES AND PROCLAMATIONS OF
I vetoed House Bill No. 195 for the following reasons:
I.
The title to House Bill No. 195 does not contain a refer-
ence to that part of the body of the act which provides that
the county court in the counties affected by the act shall com-
pensate the recorder of deeds "one dollar for recording or fur-
nishing a certified copy of each power of attorney or instru-
ment revoking the same if executed by a member of the
armed forces of the United States, women's organization
auxiliary thereto, or anyone bound by law to report for induc-
tion thereinto."
Section 23 of Article III of the Constitution of 1945 is
as follows:
"No bill shall contain more than one subject which shall
be clearly expressed in its title, except bills enacted under
the third exception in section 37 of this article and gen-
eral appropriation bills, which may embrace the various
subjects and accounts for which moneys are appro-
priated."
Where the title to an act descends to particulars and
matters are included in the body of the act but are not enu-
merated in the title, the act is void as to those not included
in the title. (State v. Sloan, 258 Mo. 305, 167 S. W. 500;
State ex rel. v. Hackmann, 292 Mo. 27, 237 S. W. 742. Rauch
v. Himmellberger, 305 Mo, 70, 264 S. W. 658.)
I am of the opinion that the title to House Bill No. 195
does not comply with Section 23 of Article III of the Consti-
tution of 1945 and is therefore invalid.
II.
Under the provisions of Section 8 of Article VI of the
Constitution of 1945, general laws for the organization and
classification of counties must be made and the number of
classes shall not exceed four. Under the provisions of Section
11 of said Article VI, the compensation of all county officers
shall be prescribed by law uniform in operation in each class
of counties. It is impossible to say whether or not House
Bill No. 195 would comply with the above provisions until
GOVERNOR PHIL M. DONNELLY 115
laws have been enacted classifying the counties as required by
Section 8 of Article VI.
House Bill No. 195 attempts to enact a law operative in
all counties within the population limits designated without
excepting counties which frame, adopt and amend a charter
for their own government. This exemption is required under
Section 11 of said Article VI. I also call attention to the fact
that under Section ^18a of Article VI, any county having
more than eighty-five thousand inhabitants, according to the
census of the United States, may frame and adopt and amend
a charter for its own government; and under the provisions
of Section 18b of said Article VI, such charter must provide
for the salaries of the county officers. If a county having
more than eighty-five thousand inhabitants should adopt a
special charter for its own government the same would con-
flict with the provisions of House Bill No. 195.
III.
House Bill No. 195 applies to all counties in excess of
19,000 inhabitants and not in excess of 200,000 inhabitants.
Section 12 of Article VI provides that all county officers in
counties having 100,000 or more inhabitants excepting public
administrators and notaries public, shall be compensated for
their services by salaries only. House Bill No. 195 conflicts
with said Section 12 of Article VI. However, according to
the last decennial census, there is no county in Missouri now
having a population between 100,000 and 200,000 inhabitants.
The unconstitutional inclusion of from 100,000 to 200,000
would probably not invalidate the remainder of the act if it
were otherwise constitutional.
IV.
House Bill No. 195 states "it shall be the duty of the
County court ... to compensate the recorder of deeds fifty
cents for recording each discharge . , . and fifty cents for
furnishing a certified copy . . . and one dollar for recording
or furnishing a certified copy of each power of attorney . . . ."
Section 13 of Article VII of the Constitution of 1945 is
as follows:
116 MESSAGES AND PROCLAMATIONS OF
"The compensation of state, county and municipal officers
shall not be increased during the term of office; nor shall
the term of any officer be extended."
House Bill No. 195 says specifically to "compensate.''
"Compensation" as used in said Section 13 includes salary,
fees, pay or remuneration for official services performed. Said
Section 13 states that the compensation of county officers
shall not be increased during the term of office. It is my
opinion that House Bill No. 195 clearly provides for an in-
crease in compensation for county recorders. Said bill has
an emergency clause. If the emergency clause is valid and
the bill is signed by the Governor it would become effective
at once and apply to the recorders now in office in violation of
said Section 13 of Article VII. If the emergency clause should
be construed to be invalid the bill would still apply to the
present incumbents in office because there is no provision in
the bill withholding its effective date until the beginning of
the terms of the next county recorders.
House Bill No. 195 applies to other counties than those
in which the recorder receives only fees as compensation be-
cause there are special statutes giving the recorder a certain
set salary in those counties which fall within certain popu-
lation groups, which groups are within the purview of House
Bill No. 195. In these population groups which are within
the purview of House Bill No. 195, there are sections of the
Revised Statutes of Missouri, 1939, with which House Bill
No. 195 conflict. For instance, Section 13487, Revised Stat-
utes of Missouri, 1939, provides that the salary of the recorder
of deeds in counties containing a city of between 75,000 and
200,000 inhabitants shall be $3500.00 per annum. House Bill
No. 195 conflicts with this section for the reason that the
additional compensation provided for would increase the re-
corder's compensation to a figure above the $3500.00 set by
the section.
House Bill No. 195 conflicts with Section 13491, Revised
Statutes of Missouri, 1939, relating to salaries of officers in
counties containing a city between 75,000 and 200,000 inhabit-
ants, for the reason that said Section 13491 provides that all
fees due or receivable from any source shall be paid into the
GOVERNOR PHIL M. DONNELLY 117
county treasury and that the officers referred to in Section
13491, including recorders, shall be on a salary basis.
House Bill No. 195 conflicts with Section 13450, Revised
Statutes of Missouri, 1939, which sets a maximum upon the
fees which the recorder of deeds may retain in counties which
have a population of 100,000 inhabitants or less, for the rea-
son that where the recorder of deeds in such counties was
receiving the maximum amount allowed him under this sec-
tion, the additional amount under House Bill No. 195 would
raise his compensation above the maximum set by said section.
House Bill No. 195 conflicts with Section 13187, Revised
Statutes of Missouri, 1939, which provides that the recorder
of each county in which the offices of recorder of deeds and
clerk of the circuit court are separate shall pay into the
county treasury all the fees received by him over and above
the sum of $4,000.00 for each year of his official term, after
paying out of such fees and emoluments such amounts for
deputies and assistants in his office as the county court may
deem necessary. It conflicts with this section for the reason
that under House Bill No. 195 the recorder would be paid
certain fees out of the county treasury by the county court,
whereas, under Section 13187 the fees which the recorder
receives over and above the sum of $4,000.00, and the amount
paid out for Deputies and assistants, shall be paid into the
treasury of the county. Section 13187 would require the
recorder to remit to the treasury the fees received under
House Bill No. 195.
House Bill No. 195 conflicts with Section 13493, Revised
Statutes of Missouri, 1939, which provides that every official
mentioned m the Article, which includes recorders of deeds
in counties containing a city of between 75,000 and 200,000
inhabitants, shall at the end of each month pay over to the
county treasury all moneys collected by him as fees. House
Bill No. 195 would have the same effect under this section
as under Section 13187, in that it would require the recorder
in counties containing a city of between 75,000 and 200,000
inhabitants to remit to the county treasury the fees which
are provided for him under House Bill No. 195.
118 MESSAGES AND PROCLAMATIONS OF
For the above reasons I cannot approve House Bill
No. 195.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
OCTOBER 24, 1945
From the Journal of the House of Representatives, pp. 1982-1986
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 24, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 582, entitled:
"AN ACT
"To amend Section 13231 of Chapter 91, of the
Revised Statutes of Missouri, 1939, relating to the issu-
ance of warrant by coroner in case of death by violence,
by striking out of the sixth line of said Section 13231 the
word 'constable' and inserting in lieu thereof the word
'sheriff' and by striking out of said line six the word
'township' and inserting in lieu thereof the word 'county'
and also by striking out of the ninth line of said Section
13231 the word 'men' and the comma immediately follow-
ing the word 'men' and also by striking out of the tenth
line in said Section 13231 the comma immediately follow-
ing the word 'township/ "
House Bill No. 582 is one of a series intended to permit
women to serve on juries.
House Bill No. 576 has been passed and approved stating
that every juror, grand and petit, shall be a citizen of the
GOVERNOR PHIL M. DONNELLY 119
State, resident of the county, sober and intelligent, of good
reputation, over twenty-one years of age and otherwise quali-
fied. This is a general provision.
Section 22, Article I of the Constitution of Missouri,
1945, permitting women to serve on juries is as follows:
". . . No citizen shall be disqualified from jury service
because of sex . . . ."
The intention of the framers of the Constitution and also
the intention of the General Assembly in enacting House Bill
No. 576 was to not disqualify a person from jury service
because of sex if they were otherwise qualified.
House Bill No. 582 requires a juror on a coroner's jury
to be a good and lawful householder. This is a stricter require-
ment than is contained in the general section in House Bill
No. 576. Householder generally means the head of a family.
It embraces the idea of anyone, man or woman, who main-
tains a house in the community. Under House Bill No. 582
a juror on a coroner's jury must not only be a householder
but he or she must be a good and lawful householder. No
doubt the legislature can require these qualifications of a juror
without violating Section 22, Article I of the Constitution,
but it is a requirement or discrimination without any apparent
reason. Why impose such restrictions on those who serve on
a coroner's jury and not on those who serve on grand and
petit juries? It is an indirect way of limiting women from
serving as jurors on a coroner's jury. In view of the fact
that the Constitution of 1945 does not disqualify a citizen
from jury service because of sex and in view of the fact that
House Bill No. 576, in referring to the qualification of jurors
for grand and petit juries, is general in its requirement, I
seriously doubt the necessity of this strict requirement of
jurors on coroners' juries.
The present Section 13231 provides that every coroner so
soon as he shall be notified of the dead body of any person
supposed to have come to his death by violence or casualty
to make out his warrant and direct it to the constable of the
township where the dead body is found. House Bill No. 582
strikes out of Section 13231, line 6, the word "constable" and
inserts in lieu thereof the word ' 'sheriff" and also strikes out
of said line the word "township" and inserts in lieu thereof
120 MESSAGES AND PROCLAMATIONS OF
the word "county." It also strikes out of said section in line
9 the word "men" and the comma "," leaving the word
"householders."
Under the present Section 13231 when the constable is
serving the warrant to summon a jury, he is limited in select-
ing the jurors to the same township where the dead body of
the person is found, which is perfectly proper because the
jurisdiction of the constable is limited to his township. But
under House Bill No. 582 the sheriff, who has county-wide jurisr
diction, must select "good and lawful householders of the
same township." In view of the fact that House Bill No. 582
applies to the sheriff instead of the constable, it is uncertain
just how the words "good and lawful householders of the same
township" would be construed.
Under the present Section 13231 there is no question but
what these words refer to the township where the dead body
is found but what township do these words refer to under
House Bill No. 582? Do they refer to the township where
the dead body is found or do they mean that all the jurors
must come from the same township regardless of where the
dead body is found. In other words, if there are, for instance,
six townships in a county and the first householder that the
sheriff summons for jury service is from township No. 2 then
would the sheriff have to select all the remaining jurors from
township No. 2? What township would the sheriff select the
first juror from? House Bill No. 582 says "of the same town-
ship," but it does not state from what township he is to make
his first selection. These words have a definite meaning in
Section 13231 because the coroner's warrant is directed to
the constable of the township where the dead body is found,
but under House Bill No. 582 they are indefinite and con-
fusing when directed to the sheriff because the sheriff's juris-
diction is county-wide. It is my opinion that this section is
unworkable and would cause endless confusion. There is no
reason that I know of, why the sheriff should be so limited
in selecting jurors in an inquest proceeding, when the sheriff
is not so limited in selecting grand and petit jurors.
House Bill No. 582 makes no reference to Section 13232
which provides for the return to be made on the warrant.
Section 13232 should be amended so that its provisions refer
GOVERNOR PHIL M. DONNELLY 121
to the sheriff instead of the constable in accordance with
Section 13231 of House Bill No. 582.
Section 13233 should be repealed or if left in the statutes
should be amended to refer to the sheriff instead of the
constable.
Section 13244 should be repealed because the duties there-
in referred to apply to the constable and not to the sheriff.
I have been unable to find any bill in this General Assembly
making the above corrections in Sections 13232, 13233 and
13244.
In view of the fact that there is still plenty of time to
correct House Bill No. 582 it is my opinion that this bill
should be re-written and that the words "of the same town-
ship" in line 7 on page 2, Section 13231 of the Truly Agreed
To and Finally Passed bill should be stricken out for the
reason that they are confusing and the section as written is
unworkable.
As to whether or not the words "good and lawful house-
holders" should be left in the bill is for the General Assembly
to determine. If this bill is rewritten it is my suggestion that
Sections 13232, 13233 and 13244 should be included in the
same bill and all should be corrected at the same time. I am
not opposed to the purpose of this bill but for the reasons
herein given I think this bill should be corrected before it is
enacted into law.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 26, 1945
From the Journal of the Senate, pp. 159^-1601
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 100, entitled:
122 MESSAGES AND PROCLAMATIONS OF
"An act to repeal Sections 8743 and 8751, Article
13, Chapter 46 of the Revised Statutes of Missouri, 1939,
relating to the State Highway Commission, number of
members, appointment, qualifications, term, removal,
compensation, meetings, and quorum; and to enact three
new sections in lieu thereof relating to the same subject
matter, and designating the counties comprising the sev-
eral divisions from each of which a Commissioner shall
be appointed, and designating the headquarters of each
division, to be known as Sections 8743, 8743 a and 8751,
with an emergency clause."
I.
Senate Bill No. 100 seeks to repeal Sections 8743 and
8751, Article 13, Chapter 46, of the Revised Statutes of Mis-
souri, 1939, relating to the State Highway Commission, and
to enact three new sections in lieu thereof providing for an
increase in the number of members of the State Highway
Commission from four to ten; dividing the State into ten
geographical divisions and providing for the appointment of
one member of the State Highway Commission from each of
the ten geographical divisions. The principal change in the
present law being an increase in members of the State High-
way Commission from four to ten, and designating by statute
ten geographical divisions of the State. There are no addi-
tional powers, duties, or authority conferred upon the mem-
bers of the Commission by this bill.
Senate Bill No. 100 purports to carry an emergency
clause which reads as follows:
Section, 2. It being necessary to reorganize the State
Highway Commi^ion and to provide for the appointment
of a Commissioner from each of the geographical divisions
in order to more equitably and amply provide for the
reconstruction and rehabilitation of the State Highway
System of the State creates an emergency within the
meaning of the Constitution, therefore this Act shall take
effect and be in force from and after its passage and
approval by the Governor/'
It is provided by Section 29, Article III, of the Consti-
tution of Missouri, 1945, as follows:
GOVERNOR PHIL M. DONNELLY 123
"No law passed by the general assembly shall take
effect until ninety days after the adjournment of the
session at which it was enacted, except an appropriation
act or in case of an emergency which must be expressed
in the preamble or in the body of the act, the general
assembly shall otherwise direct by a two-thirds vote of
the members elected to each house, taken by yeas and
nays; provided, if the general assembly recesses for thirty
days or more it may prescribe by joint resolution that
laws previously passed and not effective shall take effect
ninety days from the beginning of such recess.*'
It has been uniformly held that in construing the effect
of an emergency clause attached to a bill that Section 36,
Article IV of the Constitution of 1875, which is comparable
to Section 29, Article III of the Constitution of 1945, must
be harmonized with Section 57, Article IV of the same Con-
stitution, which is comparable to Section 52, Article III of
the Constitution of 1945, applying to the referendum.
Section 52, Article III of the Constitution of 1945 reads
as follows:
"A referendum may be ordered (except as to laws
necessary for the immediate preservation of the public
peace, health or safety, and laws making appropriations
for the current expenses of the state government, for the
maintenance of state institutions and for the support of
public schools) . . . ."
In the State ex rel. Harvey v. Linville et al., 300 S. W.
1066, I c. 1068, the court said:
"It was held in the case of State v. Sullivan, 283
Mo. 546, 224 S. W. 327, that these two sections of the
Constitution must be construed together; that a declara-
tion in a bill that it was an emergency measure within
the meaning of the Constitution, did not make it so; that
the emergency must appear in fact upon the face of the
bill to be within the terms of the Constitution, authorizing
an emergency clause which would put the act into imme-
diate effect*
124 MESSAGES AND PROCLAMATIONS OF
"Plainly the emergency clause in the act does not
state a condition to which the emergency provision of
the Constitution could apply.
"It was held in the Sullivan case that any act to
which the referendum might apply could not be an emer-
gency measure; that by the operation of section 36, art.
4, the act would not go into effect until 90 days, if it was
one to which, under section 57 of the article, the refer-
endum applied. . . ."
In the case of State ex rel. Westhues v, Sullivan, 283 Mo.
546, 1. c. 576-577, the court said:
"There is no express declaration in the emergency
clause to this act, bringing it within the exceptions con-
tained in Section 57 of Article IV of the Constitution,
The only laws excepted from the referendum under this
constitutional provision are 'those necessary for the imme-
diate preservation of the public peace, health or safety,
and laws making appropriations for the current expenses
of the state government, for the maintenance of the state
institutions and for the support of public schools/ The
emergency clause to this act does not claim the act to
be one of the class mentioned in this exception. Under
Section 57, Article IV, all measures not falling within this
excepted class are subject to the referendum.
"The emergency clause to the measure under con-
sideration does not attempt to declare such measure to
be of the excepted class in the constitutional provision
named. It only declares in a way, the legislative reason
for the conceived emergency. It does not declare that
the measure is 'necessary for the immediate preservation
of the public peace, health or safety/ If it had so declared
the declaration would have been false on the face of the
' measure itself. But for our present purpose it suffices
to say that the emergency clause does not bring the
measure within the excepted class named in the Consti-
tution. So that unless a mere emergency clause will
exempt the measure from referendum, the contentions of
GOVERNOR PHIL M. DONNELLY 125
plaintiff and relator must fail. They urge that under
Section 36 of Article IV, the Legislature has the power,
by expressing an emergency in the face of the bill, and
passing the emergency clause by a two-thirds vote, to
put any law into immediate effect.
"We do not so view the matter. The force and effect
of Section 57, when, read with Section 36 of said Article
IV, is to withdraw from the power of the Legislature to
put into immediate effect any measure subject to the
referendum. The two sections must be read together and
made to harmonize in the light of the history of the con-
stitutional provisions. Section 57 contemplates that 'any
act' of the Legislature is subject to the referendum, save
and except the measures therein specifically named. ..."
The Sullivan case has been cited with approval on the
same question in State ex rel. v. Maitland, 295 Mo. 338, 246,
S. W. 267; Fahey v. Hackman, 291 Mo. 351, 237 S. W. 752;
and State ex rel. v. Becker, 289 Mo. 660, 233 S. W. 641.
From the above authorities, it is plain that Section 2 of
Senate Bill No. 100 does not declare that an emergency exists
within the meaning of the above cited constitutional provisions,
and, therefore, is a mere nullity. Furthermore, even if it had
declared that Senate Bill No. 100 is necessary for the imme-
diate preservation of the public peace, health or safety, it
would not be true because the bill merely provides for increas-
ing the membership of the State Highway Commission from
four members to ten members, and creates, by statute, cer-
tain geographical divisions which are in effect the same geo-
graphical divisions that are now created by the State Highway
Department for administrative purposes. Certainly the in-
creasing of a commission from four to ten members does not
create an emergency which would affect the peace, health, or
safety of the people of this State. The purported emergency
clause merely says that, "It being necessary to reorganize the
State Highway Commission, and to provide for the appoint-
ment of a Commissioner from each of the geographical divi-
sions in order to more equitably and amply provide for the
reconstruction and rehabilitation of the State Highway Sys-
tem of the State creates an emergency, . . ." This state-
ment certainly does not create an emergency within the
126 MESSAGES AND PROCLAMATIONS OF
meaning of the above provisions of the Constitution or with-
in, the definition as laid down in the above entitled case. It is
my opinion that the emergency clause on this bill is invalid
and of no effect.
II.
A brief history of the State Highway Commission will be
discussed in analyzing this bill.
The present State Highway Commission, as organized
some quarter of a century ago, has operated under the limita-
tions which were imposed by the people themselves and by
Federal laws and regulations. The limitations are: First,
the Centennial Road Law, a legislative mandate to construct
and maintain a definite system of roads; second, certain re-
quirements relating to the receipt and use of Federal funds;
and third, limitation of finances as supplied by existing State
laws.
The Centennial Road Law of 1921 laid out a connected
system of highways in the State and commanded the Com-
mission to see to the construction of those highways which
have become known as the centennial system. That law,
Section 8768, Revised Statutes of Missouri, 1939, reads as
follows :
"There is hereby created and established a state
wide connected system of hard surfaced public roads
extending into each county of the state, which shall be
located, acquired, constructed, reconstructed, and im-
proved and ever after maintained as public roads, and
the necessary grading, hard surfacing, bridges and cul-
verts therefor shall be constructed by the state of Mis-
souri. Such state wide connected system of hard sur-
faced roads shall be known as the 'state highway system/
and shall consist of highways along the following de-
scribed routes. . . ."
This centennial system as laid out by the Legislature
consisted of approximately 7600 miles. These roads have
been constructed', each county thus getting its designated
share of the money available. The construction of these
roads was carried out concurrently so that the State road
system in each county was completed at approximately the
same time.
GOVERNOR PHIL M. DONNELLY 127
In the constitutional amendment adopted in 1928 the
Commission was authorized for the first time, in co-operation
with the county road officials, to lay out and construct a sup-
plementary or farm-to-market system and was further directed
to complete, widen, improve, and maintain the original cen-
tennial system. This amendment . also authorized the con-
struction of an additional 300 miles to properly connect up
the original system, and authorized the construction of addi-
tional routes in the congested traffic areas adjacent to the
cities of St. Louis and Kansas City.
Altogether, as of June 30, 1945, the total mileage of State
roads is 16,151 miles of which 8388 miles are the major system
and 7813 miles are on the supplementary system. This was
all built under the direction of a four-man commission. These
commissioners came from widely distributed points in the
State and to their official action no scandal was ever directed.
Each county has received the supplementary road money
allotted under the constitutional amendment passed in 1928
which set up a formula on area and population for its dis-
tribution. No commission, regardless of the number of com-
missioners, could have changed these amounts.
The money available for Missouri under the present
Federal-aid Highway Act of 1944 is $14,373,931 which is
allotted by the Federal government as follows: $6,660,223 to
the centennial system; $4,562,550 to the supplementary or
farm-to-market system, and $3,151,158 to cities of over 5000
population. These Federal funds require an equal amount
of State funds to match and will make a total of $28,747,862
each year for the three-year period, giving a yearly total to
each of the above systems as follows:
Centennial System .$13,320,446
Supplementary System 9,125,100
Urban System 6,302,316
making an entire total of over $86,000,000 for the first three
post-war years.
This division of post-war funds is beyond the power of
the Commission to change. Compliance with Federal regu-
lations has been a part of the law of Missouri since the Cen-
tennial Road Law, That law, Section 8754, Revised Stat-
utes of Missouri, 1939, reads as follows:
128 MESSAGES AND PROCLAMATIONS OF
"The commission is hereby directed to comply with
the provisions of any act of congress providing for the
distribution and expenditure of funds of the United States
appropriated by congress for highway construction, and
to comply with any of the rules or conditions made by
the bureau of public roads of the department of agri-
culture, or other branch of the United States government,
acting under the provisions of federal law in order to
secure to the state of Missouri funds allotted to this
state by the United States government for highway con-
struction "
The past and present Commissions have carried out these
laws and regulations without deviation and future Com-
missions must also do the same. These State and Federal
regulations are mandatory regardless of the number of men
on the Commission.
The Commission is more or less hedged in by the Con-
stitution, the Federal laws and regulations, and by State stat-
utes and, regardless of the number of commissioners, they
have to follow these laws and regulations.
Originally, Federal funds coming to the State could only
be spent on what is known as the Federal or centennial system.
Federal funds were first made available for the construction
of our supplementary or farm-to-market roads in 1935 and,
while standards of construction were not the same as required
for the main centennial system, they imposed some regula-
tions which made it difficult to construct a truly low-cost road.
Within the last year the Federal regulations, however, have
been very materially changed and in the future it will be
possible to build a much lower type of road and still receive
Federal participation.
Under the Constitution of 1945 the farm-to-market for-
mula by which the funds are allotted by the State Highway
Commission to the construction or acquisition of supplemen-
tary State highways and bridges in each of the counties of
the State shall be apportioned to the several counties as pro-
vided in Section 32 of Article IV of the Constitution, 1945,,
which m part is as follows:
GOVERNOR PHIL M. DONNELLY 129
"One-fourth in, the ratio that the area of each county
bears to the area of the state, one-fourth in the ratio of
the population, and two-fourths on such basis as the
commission may deem to be for the best interests of high-
way users; . . , ."
The above apportionment of road funds was not in the
old Constitution. The above provision, together with the
entire Section 32 of Article IV, was thoroughly debated in
the Constitutional Convention with the knowledge, on the
part of the members of the Constitutional Convention, that
the Highway Commission consisted of four members. The
voters of the State adopted the new Constitution containing
the above section with the knowledge that the Highway Com-
mission consisted of four members.
The amount set up by the present State Highway Com-
mission under the above constitutional provision for the first
post-war year of supplementary construction on the basis of
area and population is $6,000,000 with an additional $3,000,-
000 to be set up as soon as a survey now in progress can be
completed. The above total is a greater amount than has
been available for such supplementary road construction in
any previous year.
The ten divisions set out in Senate Bill No. 100 apparently
coincide with the Highway Department's administrative divi-
sions which were set up by the State Highway Commission
solely for convenient and efficient administrative purposes.
The appointment of ten commissioners on, this geo-
graphical basis would result not only in sectionalizing the
Commission but also in an inequitable representation. For
instance, two divisions, Division No. 4, consisting of twelve
counties including Kansas City, and Division No. 6, consist-
ing of twelve counties and the City of St. Louis, would con-
tain a population of 2,028,436. The population of the entire
State is 3,784,664. These two divisions would contain more
than one-half the population of the State and would be repre-
sented by only two commissioners, while the remainder of the
State, containing a population of 1,756,228, considerably less
than one-half the population of the State, would be repre-
sented by eight commissioners.
130 MESSAGES AND PROCLAMATIONS OF
This inequity can be further illustrated by the fact that
the most populous geographical division, No. 6, having a
population of approximately 1,304,000 will have only one
representative while the least populous geographical division,
having a population of only 139,000, will also have one repre-
sentative. In other words, a voter of the least populous divi-
sion will have almost ten times as much representation on the
Commission as a voter of the most populous division. If it was
the purpose of Senate Bill No. 100 to bring about an equal
representation on the Commission for all the people of the
State, it is quite evident that it does not accomplish the
intended purpose.
The traffic needs of the State as a whole and the best
interest of the highway users should always be uppermost in
the minds of the members of the Commission.
The members of the State Highway Commission are the
directors of one of the largest businesses of the State. The
present highway system represents an expenditure for con-
struction and maintenance of approximately $452,000.00. The
anticipated expenditure in the future of additional large sums
of money will greatly increase this amount. These facts
clearly indicate the necessity for a Commission to be selected
to represent the State at large, rather than ten individual sec-
tions of the State where the appointed commissioner would
be responsible only to his section. This limited responsibility
would tend to encourage sectional favoritism and provide
opportunity for the operation of pressure groups.
Missouri's system of roads built under the present com-
mission set-up ranks close to the top nationally. This accom-
plishment is all the more remarkable in view of the fact that
for many years Missouri has operated with a two cent gas
tax, the lowest in the nation*
Since the passage of the centennial road law in 1921 the
members of the Commission, selected by the various Governors,
have come from all sections of the State. There is no admin-
istrative division of the Highway Department that has not
had one or more members of the Commission at some time.
But, regardless of the residence of the commissioners they
have dealt with State Highway problems as a single unit and
from a state-wide standpoint.
GOVERNOR PHIL M. DONNELLY 131
There are approximately 117,000 miles of highways of all
classes within this State, approximately 100,000 miles of which
do not come under the jurisdiction of the State Highway
Commission. There are approximately two thousand separate
agencies, such as road districts, special road districts, town-
ship boards, county courts, cities, towns and villages which
administer the more than 100,000 miles of road in this State
not under the jurisdiction of the State Highway Commission.
It is estimated that these agencies spend approximately $10,-
000,000 or more annually of the taxpayers' money without
adequate results. I am in sympathy with the demand for
more rural, farm-to-market roads. In fact in my inaugural
message to the General Assembly in January of this year I
stated :
"I direct your attention to the fact that 54% of Mis-
souri farmers still live on dirt roads. Our present high-
way system should be extended and roads constructed so
this large number of Missourians may have access to
improved roads."
The roads that the complaint is made about are county
roads. I believe that if the number of agencies in each county
that administer the construction of roads were reduced and
if a centralized agency handled the road construction in a
county it would be more practical and better results would
be obtained. I believe that a study of the rural road problem
should be made. Some plan should be worked out whereby
the counties or civil subdivisions will build roads that lead
to the State system or to locally constructed all weather roads.
Under the present system every road district, township board,
and county court spends large sums of money for road ma-
chinery and equipment, which, because of the limitations in
jurisdiction of the district or board, is necessarily idle the
greater part of the time. If a centralized agency in each
county handled the construction of roads it would stop the
expenditure of large sums of money in the duplication of
purchases of road machinery and equipment by numerous sub-
divisions in each county, which funds could be used to good
advantage in the actual construction of roads.
For the reasons above set forth, I am of the opinion that
it is for the best interest of the State as a whole to carry out
132 MESSAGES AND PROCLAMATIONS OF
the post-war program of road construction, with the same
number of members on the Highway Commission that have
built our present State system.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 30, 1946
From the Journal of the House of Representatives, pp. 2808-2810
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 30, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 350, entitled:
"AN ACT
"To repeal Section 3652, Article 1, Chapter 28, Re-
, vised Statutes of Missouri, 1939, relating to damages for
injuries resulting in death in certain cases, and to enact
in lieu thereof a new section, to be known as Section 3652,
and relating to the same subject."
House Bill No. 350 and House Bill No. 389 are companion
bills, I have this day approved House Bill No. 389, It amends
Section 3654, Article 1, Chapter 28, Revised Statutes of Mis-
souri, 1939, relating to damages recoverable in actions for
death by raising the amount recoverable from not exceeding
$10,000.00 to not exceeding $15,000.00. Since this statute
deals with compensatory damages and is non-discriminatory
as to the liability of defendants and the rights of plaintiffs,
I have approved this bill.
GOVERNOR PHIL M. DONNELLY 133
House Bill No. 350 repeals Section 3652, Article 1, Chap-
ter 28, Revised Statutes of Missouri, 1939, the penal section
relating to damages for injuries resulting in death in certain
accidents and enacts a new section in lieu thereof raising the
limit of the penalty recoverable from not exceeding $10,-
000.00 to not exceeding $15,000.00. Prior to 1905 this section
of the statutes provided for a penalty of $5,000.00, no more
and no less. The statute at that time applied to railroad
locomotives, car or train of cars, steamboats and stage coaches.
In 1905 the legislature rewrote this section and added street
oars, motor cars, and automobiles used as public conveyances
and struck out the penalty of $5,000.00 and provided that
the recovery should be in an amount not less than $2,000.00
and not more than $10,000.00 in the discretion of the jury.
After the amendment in 1905 some confusion existed in
changing the section from a flat $5,000.00 to one ranging from
$2,000.00 to $10,000.00 to be awarded as a penalty in the
discretion of the jury. However, the Supreme Court of Mis-
souri in the case of Grier vs. Kansas City, Clay County and
St. Joseph Railway Company, 286 Missouri 523, pointed out
the clear intent of the legislature as disclosed by the use of
the words "as a penalty" and held that in the case of wrongful
death occasioned by a common carrier enumerated in the
penalty statute the entire amount could be awarded as a
penalty, even though the deceased left no dependent relatives
and even though the personal representative maintaining the
suit was unable to show any compensatory damages. Since
the Grier decision the courts have held that the entire $10,-
000.00 may be recovered as penalty even in the absence of
any showing of any compensatory damages and since House
Bill No, 350 makes practically no change in Section 3652 ex-
cept to increase the maximum limit from $10,000.00 to $15,^
000.00, it is obvious that the Grier decision will continue to
govern such recoveries.
I think this statute is unfair and discriminatory against
present day railroads, street railroads, motor bus companies,
and other carriers named in said section. Said bill in its pres-
ent form limits the right to recover a penalty in death cases
to actions against persons or corporations operating public
conveyances such as trains, street cars, steamboats, stage
coaches, automobiles, and motor cars. The discrimination
134 MESSAGES AND PROCLAMATIONS OF
against certain classes of defendants, such as railroads, street
car companies, and motor bus companies and in favor of cer-
tain other classes of defendants such as operators of private
trucks and probably contract haulers, operators of private
automobiles and operators of airplanes, whether private or
public, is carried forward without change in House BUI No.
350 although the limit of the penalty recoverable is increased
fifty per cent. If we are going to increase the penalty then I
think these discriminations should be eliminated. This bill
not only carries forward discriminations against certain classes
of defendants but also carries forward certain discriminations
against certain classes of plaintiffs in their suits brought in
death cases. The following are illustrations:
The parents of a 19 year old son permit him to take
flying lessons. The airplane school, through the grossest kind
of negligence, fails to refuel or install or repair a vital part
of the airplane before the flight, and the son is killed in the
airplane crash. The parents cannot sue under this penal act
because no penal action is authorized against this type of
defendants. They are compelled to sue under the compen-
satory section and obviously from a compensatory standpoint
their damages, based upon possible contributions from their
minor son until he reaches his majority, must be limited to a
relatively nominal amount. The same would be true in the
case of a plane operated by one of the large air transport lines.
The parents of a minor daughter permit her to use the
street car in going to and from school. While standing in a
safety zone awaiting the street car, a drunken driver, worth
a million dollars, and carrying $50,000.00 public liability in-
surance, crashes through the safety zone and kills the daughter.
The parents cannot sue under the penal statute because the
defendant does not belong to the class of defendants against
whom a penal action is authorized. They must sue under the
compensatory statute, and their damages are limited to the
actual pecuniary loss.
An itinerant in, St. Louis if [is?] fatally injured by a street
car. It develops that he is not survived by any widow or
children, or parents, or other relatives, except a remote aext
of kin in the State of Maine, whom he has never seen. This
bill would authorize even the public administrator in charge
GOVERNOR PHIL M. DONNELLY 135
of his estate to prosecute an action against the street car com-
pany for a penalty of not to exceed $15,000.00,
If a deceased should come to his death by reason, of being
struck by a common carrier freight truck the entire penalty
of $15,000.00 could be awarded, but if the same person had
met his death by the negligent operation of a private carrier
truck or a huge transport, only compensatory damages could
be awarded.
I have no objection to the maximum of $15,000.00 that
the legislature has included in this bill but I do think this
bill should be re-drafted, brought up to date and the discrimi-
nations removed. Since we are revising the statutes I believe
we should take out the stage coaches, put in the airplane and
otherwise modernize this section.
House Bill No. 350 contains another error that should
be corrected. In lines 44 and 45, page 2 of the Truly Agreed
To and Finally Passed bill are the words "where the person
executing the decree if adoption resided at the time of such
adoption; etc." (Underscoring mine.) The present Section
3652 reads "where the person executing the deed of adoption
resided at the time of such adoption, etc." Prior to 1917 the
only method of adoption was by deed. The present method
of adoption is found in Article 1, Chapter 56, Revised Stat-
utes of Missouri, 1939, and does not provide for adoption by
deed. A petition is filed in the Juvenile Division of the Cir-
cuit Court, service is had on the parties, a hearing is held be-
fore the Court and if the Court is satisfied from the evidence
that the adoption should be made the Court executes the
decree setting forth the adoption. The decree is not executed
by a person as set forth in line 44, page 2 of the bill. This
wording would cause endless confusion, especially in view of
the fact that on page 3, line 50, of the bill the words "deed
of adoption" are left in the bill and are not changed to read
"decree of adoption." The word "if in line 44, page 2, evi-
dently was intended for "of" but this error is in the original
bill and was not corrected in the passage of the bill through
either House. If this bill is re-drafted the adoption provision
in regard to minor children should be in accordance with the
136 MESSAGES AND PROCLAMATIONS OF
provisions of Article 1, Chapter 56, Revised Statutes of Mis-
souri, 1939.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 6, 1946
From the Journal of the Senate, pp. 2491-2492
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 6, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 219, entitled:
"AN ACT
"To amend Section 10952, Article 2, Chapter 74,
Revised Statutes of Missouri, 1939, relating to who shall
administer oaths relating to assessment — penalty for re-
ceiving lists not sworn to — duty of criminal courts, by
striking out of the fourth line of said Section 10952 the
words 'justices of the peace' and inserting in lieu thereof
the word 'magistrates' and by striking out of the fourth
and fifth lines of said Section 10952 the words 'probate
judges' and also by striking out the comma after the
word 'judges' above mentioned, and providing for effec-
tive date."
Senate Bill No. 219 amends Section 10952, Article 2,
Chapter 74, Revised Statutes of Missouri, 1939, by striking
out certain words and inserting certain other words in lieu
thereof. However, House Committee Substitute for House
Bill No, 469 repeals Section 10952, Article 2, Chapter 74, Re-
GOVERNOR PHIL M. DONNELLY 137
vised Statutes of Missouri, 1939, and re-writes said section in
almost the identical words, the same being Section 16 of said
House Committee Substitute for House Bill No. 469. I ap-
proved House Committee Substitute for House Bill No. 469
December 5, 1945. It has an emergency clause making it
effective from and after its passage and approval.
It is my opinion that Section 10952 of Senate Bill No.
219 is a duplicate of Section 16 of House Committee Substi-
tute for House Bill No. 469 and is now in effect and, there-
fore, Senate Bill No. 219 should not become a law.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 18, 1946
From the Journal of the Senate, p. 2601
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 18, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 69, entitled:
"AN ACT
"To repeal Sections 11965, 11967, 11968 and 11969,
of Article 20, Chapter 76, Revised Statutes of Missouri,
1939, relating to registration of voters in cities of this
state which now contain or may hereafter contain not
less than 30,000 inhabitants nor more than 80,000 inhab-
itants, and to enact in lieu thereof four new sections to
be known as Sections 11965, 11967, 11968 and 11969
relating to registration of qualified voters in cities of this
state which now contain or may hereafter contain not less
than 30,000 inhabitants nor more than 50,000 inhabitants,
with an emergency clause."
138 MESSAGES AND PROCLAMATIONS OF
On page 2, Section 11965, Line 2, the words "in cities"
should be inserted after the word "voters" and before the
word "of." It is my opinion that this section as now written
is very confusing and in fact meaningless unless the words
"in cities" are inserted as above stated.
It is obvious that the section refers to cities containing
not less than 30,000 inhabitants nor more than 50,000 inhabit-
ants but it does not say so. If this section is placed in, the
statutes without the benefit of the title of the act and the
enacting clause, I am sure that it would cause endless con-
fusion and I believe that it should be corrected before enacted
into law.
Also, on page 2, Section 11965, Line 8, the words "special
charter" are used. In view of the provisions of Committee
Substitute for House Bill No. 491, which have been approved
and which define constitutional charter cities, I am wonder-
ing if Senate Bill No. 69 should not also include constitutional
charter cities in addition to those organized under general law
or special charter.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
FEBRUARY 19, 1946
From the Journal of the House of Representatives, pp. 3083~$08$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 19, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Committee Substitute for House Bill No. 719,
entitled :
GOVERNOR PHIL M. DONNELLY 139
"AN ACT
"To provide for the assessment, levy, equalization
and collection of taxes on real and tangible personal
property and to provide for the taxation of merchants
and manufacturers and the establishment of a county
board of equalization in counties of the first class, with
an emergency clause."
Because this bill contains errors and conflicting provisions
and for the other reasons hereinafter set forth, I am unable
to approve it:
I. On page 3, Section 8, line 7, the words "state auditor"
should be "director of revenue."
II. On page 8, Section 25, line 6, the words "state audi-
tor" should be "director of revenue."
III. On page 17, Section 43, lines 9 and 10, the dates
"the first day of January and the first day of March in each
year" conflict with the dates in House Committee Substitute
for House Bill No. 539, which is the general law applying to
the entire State.
IV. On page 17, Section 44, lines 11 and 12, the same
dates "the first day of January and the first day of March
next preceding," conflict with the dates in House Committee
Substitute for House Bill No. 539, which is the general law
applying to the entire State. I think dates and other pro-
visions of tax law should be uniform, if possible, for the entire
State.
V. Or* page 19, Section 50, lines 5 and 6, the compensa-
tion of the members of the county board of equalization is
fixed at $1500.00 each per year.
The compensation of the members of the county board
of equalization as fixed by House Committee Substitute for
House Bill No. 467, which has been enacted and approved,
is $5.00 per day for each day they shall be present and act in
the performance of their duties as members of the county board
of equalization. I think this provision in House Committee
Substitute for House Bill No, 467, which applies to the entire
State, is a much better provision with reference to the com-
140 MESSAGES AND PROCLAMATIONS OF
pensation of the members of the county board of equalization*
The compensation of $1500.00 for each member per year is.
no doubt, an increase in compensation and I believe will
result in less attendance of the members of the county board
of equalization than if they were to receive $5.00 per day for
each day that they are present and act in the performance of
their duties as members of the county board of equalization.
I know of no valid reason why the members of the county
board of equalization in counties of the first class should be
placed on a salary basis of $1500.00 per member per year
while members of the county boards of equalization in the
remainder of the State are on a per diem basis.
VI. On page 23, Section 60, this section in effect pro-
vides that if the State Tax Commission fails to file its report
before or during the session of the county board of equaliza-
tion the findings of the county board of equalization shall be
final.
In House Committee Substitute for House Bill No. 467
there is a provision that in case the report of equalization
from the State Tax Commission is not received before or during
the session of the county board of equalization then it shall
be the duty of the county clerk to adjust the tax books accord*
ing to such report when received. In other words, the pro-
visions of House Committee Substitute for House Bill No.
719 conflict with the general law of the State as set forth in
House Committee Substitute for House Bill No. 467. I do
not believe that the findings of the county board of equaliza-
tion should be final. I believe that the report of equalization:
from the State Tax Commission should be considered by the
county board of equalization and the tax books adjusted
according to such report. There is no reason why the find-
ings of the county board of equalization in counties within
the first class, such as St. Louis and Jackson Counties, should
not be handled in the same manner as the other counties in
the State.
VII. Section, 61, pages 23 and 24, conflicts with the pro*
visions of Section 9 on page 3. Section 61 provides, among
other things, that the county court shall facilitate and expedite
the assessment, calculation, extension, and collection of taxes
and prescribe the method or system to facilitate the same*
GOVERNOR PHIL M. DONNELLY 141
Such system shall specify the kind of books and forms to be
used etc., and shall prescribe the method and manner of ex-
tending or computing the taxes and the form and manner of
preparation of the tax bills.
Section 9 provides that the State Tax Commission shall
design the necessary assessment blanks and all other necessary
forms which forms shall contain a classification of all tangible
personal property and shall furnish to the county clerk and
county assessor etc.
In, other words, there is a conflict of authority between
the State Tax Commission and the county court in these two
sections of the same bill.
Section 61 on page 23 of House Committee Substitute
for House Bill No. 719 also conflicts with the provisions of
Section 15, paragraph 11, page 12 of House Committee Sub-
stitute for House Bill No. 528, in that the State Tax Com-
mission in No. 528 prescribes the form of all blanks and books
that are used in the assessment and collection of the general
property tax except as otherwise provided by law, while Sec-
tion 61 of House Committee Substitute for House Bill No.
719 provides that the county court shall specify the kind of
books and forms to be used etc.
VIII. House Bill No. 719 was introduced October 31,
1945. It passed the House as a House Committee Substitute
on November *29, 1945. It did not pass the Senate until
January 23, 1946, and on January 29, 1946, the House con-
curred in the Senate amendments. However, according to
Section 65, which contains the emergency clause, there is a
provision as follows:
"Whereas by virtue of the provisions of the new state
constitution, changes are required to be made in the
assessment and collection of taxes, and in procedures con-
nected therewith so that they can be put into operation
not later than January 1st, 1946 etc."
It is my opinion that the date of January 1, 1946, is a
vital part of the emergency clause and one of the reasons
given why there was an alleged emergency. However, the
fact that the bill did not pass the Senate until January 23,
1946, and the Senate amendments were not concurred in by
142 MESSAGES AND PROCLAMATIONS OF
the House until January 29, 1946, destroys the effectivenes$
of the emergency clause, because the bill was passed after
January 1, 1946, the date that the emergency clause states
was necessary for the bill to be put into operation. The very
fact that the bill was finally passed on January 29, 1946,
shows that it was not necessary to be put into operation by
January 1, 1946. Even if this bill had been approved I doubt
if it would have become effective until ninety days after the
adjournment of the legislature.
IX. I realize that House Committee Substitute for House
Bill No. 719 is a bill providing for the assessment, levy, equali-
zation, and collection of taxes on real and tangible personal
property in counties within the first class. However, laws
of this importance should be correctly written and without
conflicting provisions. It is my opinion that if this bill is
necessary that it can be corrected, re-introduced and passed
within a short time. However, it is also my opinion that if
it should not be re-introduced that the duties of the county
board of equalization in counties of the first class can be per-
formed under the provisions of the bills which have been en-
acted and approved for the entire State.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 2, 1946
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 2, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my
approval, House Bill No, 803, entitled:
GOVERNOR PHIL M. DONNELLY 143
"AN ACT
"To repeal Section 11125 of House Committee Sub-
stitute for House Bill No. 537, enacted by the 63rd Gen-
eral Assembly and approved by the Governor Dec. 5,
1945, and to repeal Section 11126 of Article 9, Chapter
74, Revised Statutes of Missouri, 1939, all relating to
delinquent and back taxes, and to enact in lieu thereof
two new sections, relating to the same subject and to be
known as Sections 11125 and 11126."
Section 11125 on page 1, omits the proviso permitting
the payment of taxes, penalty, interest, and costs before the
property is sold. This proviso was in Section 11125 of the
1939 Statutes and also in House Committee Substitute for
House Bill No. 537 of the 63rd General Assembly approved
December 5, 1945. The taxpayer should be entitled to pay
his delinquent taxes with penalty, interest, and costs at any
time before his property is sold. There is no occasion to repeal
Section 11125 as written in House Committee Substitute for
House Bill No. 537 unless it would be to change the date of
sale from the first Monday in November to the second Mon-
day in September as is provided for in House Bill No. 803.
I have no objection to such a change in the date of sale but
I do object to striking off the proviso in this bill as above
set forth.
Under Section 13, Article X of the Constitution of 1945
it is provided that:
"No real property shall be sold for state, county or city
taxes without judicial proceedings, unless the notice of
sale shall contain the names of all record owners thereof,
or the names of all owners appearing on the land tax
book, and all other information required by law."
This section states unless the notice of sale contains the names
of all record owners thereof or the names of all owners appear-
ing on the land tax book, etc. Section 11126, page 2, lines 6
to 12, inclusive, of House Bill No. 803 states:
"And it shall only be necessary in the printed and pub-
lished list to state in the aggregate the amount of taxes,
penalty, interest and cost due thereon, each year sep-
arately stated, and the land therein described shall be de-
144 MESSAGES AND PROCLAMATIONS OF
scribed in forty-acre tracts or other legal subdivisions, and
the lots shall be described by number, block, addition, etc. :"
The Constitution says that no real property shall be sold
without judicial proceedings, unless the notice of sale shall
contain the names of all record owners, etc. In lines 6 and 7
of Section 11126, page 2, it says that it shall only be necessary
in the printed and published list to state in the aggregate the
amount of taxes, penalties, interest and costs due thereon
. . . and the land described etc. No mention is made that
this notice shall contain the names of the owners of the land
appearing on the land tax book as required by Section 13,
Article X of the Constitution. Said Section 11126 of House
Bill No. 803 was in the original Jones-Munger Tax Law and
was severely criticized after the law became operative because
so many land owners who were unfamiliar with the legal de-
scription of their property did not know that their land was
being advertised for sale for delinquent taxes. Their name did
not appear in the notice because it was not necessary for it
to appear under the provisions of Section 11126, Revised Stat-
utes of Missouri, 1939. This worked a hardship on many
land owners. As a result of this hardship the Constitutional
Convention wrote Section 13, Article X in the 1945 Consti-
tution. It is true that the provisions of Section 13, Article
X of the Constitution are copied in Section 11125 of House
Bill No. 803, pages 1 and 2, lines 5 to 9, inclusive. In my
opinion this does not help the situation. The Constitution
specifically states what the notice shall contain. Merely copy-
ing the Constitution into the bill does not cure the evil The
statute must carry out the mandate of the Constitution,
The provision in Section 11126, line 7, does not do this. In
fact it conflicts with the Constitution because it says "and it
shall only be necessary in the printed and published list to
state, etc." No mention is made that the notice must contain
the name of the record owner or the name of the owner appear-
ing on the land tax book as required by the Constitution,
For the above reasons I cannot approve this bill.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 145
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 3, 1946
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 3, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my
approval, House Bill No. 857, entitled:
"AN ACT
"To create the office of clerk of the county court;
provide for the election and proceedings relative thereto,
the appointment, term of office, and qualifications of
clerks of the county courts; provide for the oaths and
bonds of said clerk; provide certain powers and duties of
said clerks and for the keeping of certain records and
making of certain quarterly returns by said clerk; provide
where the office of clerk of the county court and the
records and property belonging to such office shall be
kept, and for the delivery of said records and property
to the successor in office of said clerk; provide for the
suspension from office of clerks of the county courts and
proceedings relative thereto; to prohibit clerks of the
county courts from purchasing, dealing and speculating
in county warrants, claims and demands against the
county of which he is clerk, and provide certain other
acts which constitute misdemeanors in office, and fixing
penalties for the violation thereof."
County clerks at present are elected under authority of
Section 13283, Article 1, Chapter 92, Revised Statutes of Mis-
souri, 1939, which provides for a four year term for clerks
of all courts of record. Under the 1945 Constitution county
courts are not defined to be courts of record and on July 1,
146 MESSAGES AND PROCLAMATIONS OF
1946, Section 13283 will become inoperative insofar as county
clerks are concerned. However, under Section 3 of the Sched-
ule of the Constitution of 1945, the terms of office of county
clerks are not affected by the new Constitution and accord-
ingly all present county clerks will serve their terms of four
years which will expire the first Monday in January, 1947.
Section 4, page 2, lines 1 to 4, inclusive, of House Bill
No. 857 provides that when any vacancy shall occur in the
office of clerk of the county court by death, resignation, re-
moval, refusal to act, or otherwise, it shall be the duty of the
county court to fill such vacancy. This section is almost
identical with Section 13284, Article 1, Chapter 92, Revised
Statutes of Missouri, 1939, except in Section 13284 it is pro-
vided that it shall be the duty of the Governor to fill such
vacancy. This section, providing that the Governor shall fill
such vacancy, has been the law since 1877.
Vacancies in all county offices except sheriff and coroner
have always been filled by the Governor in accordance with
Section 11, Article V of the 1875 Constitution. In the case
of the sheriff and coroner there was a specific provision in
Section 11 of Article IX of the 1875 Constitution providing
that a vacancy in the office of sheriff or coroner shall be filled
by the county court. The provisions of Section 11 of Article
IX of the 1875 Constitution pertaining to the sheriff and
coroner were not carried forward into the 1945 Constitution;
however, Section 11, Article V of the 1875 Constitution author-
izing the Governor to fill vacancies in public offices was carried
forward in the 1945 Constitution with practically no change
in substance, it being Section 4, Article IV of the 1945
Constitution.
The fact that the provision of the 1875 Constitution,
Section 11, Article IX, authorizing the county court to fill
the vacancy in the office of sheriff and coroner was not carried
forward into the 1945 Constitution is evidence of the inten-
tion of the Constitutional Convention to authorize the Gov-
ernor to fill all vacancies in public office and do away with
the divided authority that has existed under the old Con-
stitution in filling vacancies in county offices. There should
be uniformity of procedure in filling vacancies ia public office.
The Governor should not fill some vacancies and some other
GOVERNOR PHIL M. DONNELLY 147
official fill other vacancies. I am opposed to this provision
in Section 4 of House Bill No. 857 on principle.
Section 2, lines 3, 4, and 5 of House Bill No. 857 provides
for the election in each county of a clerk of the county court
who shall be commissioned by the Governor, etc. No pro-
vision is made in House Bill No. 857 as to who shall commis-
sion the county clerk appointed by the county court. In other
words, House Bill No. 857 provides that the county clerks
who are elected shall be commissioned by the Governor but
no provision is made for those appointed by the county
courts. Section 5 of Article IV of the 1945 Constitution pro-
vides "The Governor shall commission, all officers unless other-
wise provided by law." In House Bill No. 857 there is no
* 'otherwise provided by law."
I know of no valid reason why an exception should be
made in filling vacancies in the office of county clerk.
House Bill No. 857 does not provide compensation for
the office of county clerk. The compensation for county
clerks is in separate acts.
In counties of the first class the provision for salary is
included in House Committee Substitute for House Bill No.
913 which has not been passed but is on the calendar for third
reading and final passage in the House of Representatives.
Salaries for county clerks in counties of the second class
have been provided by House Bill No. 895 which has been
passed and approved. Salaries for county clerks in counties
of the third class have been provided by House Bill No. 867
which has been passed and approved. Salaries for county
clerks in counties of the fourth class have been provided by
House Committee Substitute for House Bill No. 768 which
has been passed and approved.
However, House Bill No. 857 is apparently in conflict
with House Bill No. 895 in the following respect:
House Bill No. 857 in Section 11, lines 12 to 18, inclu-
sive, provides as follows:
"The county court shall . . . allow all necessary dep-
uty, assistant and clerk hire, not exceeding the amount
authorized by law, and deduct the same from the aggre-
gate amount of compensation payable to the clerk of the
county court."
148 MESSAGES AND PROCLAMATIONS OF
House Bill No. 895 provides in Section 1 'The county
clerk, in all counties of the second class, shall receive the sum
of $4000.00 as annual compensation for his services . . . ."
If the provisions of Section 11 of House Bill No. 857 were
to be followed the deputies and assistants of the county clerks
in counties of the second class would receive a portion of the
above amount of $4000.00 which will unquestionably leave
the county clerk with little or no pay for the reason that
Section 11 of House Bill No. 857 authorizes the deputy hire
to be deducted from the aggregate amount of compensation
payable to the clerk of the county court.
Said Section 11 of House Bill No. 857 in lines 2 and 3
contains the provision that the clerk of the county court "shall
make return quarterly to the county court of all fees by him
received . . . ." Section 3 of House Bill No. 895, lines 4
and 5, provides that the clerk of the county court "shall, at
the end of each month, file with the county court a report
of all fees . . . ."
House Bill No. 867, Section 7, lines 5, 6, and 7 provides,
that the county clerk "shall, at the end of each month, file
with the county court a report of all fees charged and collected
during said month, . . . ," which provision is in conflict
with Section 11 of House Bill No. 857. House Committee
Substitute for House Bill No. 768, which provides for salaries
of county clerks in counties of the fourth class, in, Section 7
thereof, lines 4, 5, 6, and 7, provides that "such clerks shall,
at the end of each month, file with the county court a report
of all fees charged and collected during said month, . . , ."
This provision conflicts with Section 11 of House Bill No. 857.
In other words, House Bill No. 857 conflicts with all of
the county clerks salary bills which have been enacted and
also House Committee Substitute for House Bill No. 913
which is pending in the House.
For the above reasons I cannot approve this bill-
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 149
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 4, 1946
From the Journal of the Senate, pp. 3517-3519
EXECUTIVE OFFICE, STATE OP MISSOURI, JEFFERSON CITY,
May 4, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my ap-
proval, Senate Committee Substitute No. 2 for Senate Bill
No. 353, entitled:
"AN ACT
"To provide for the creation of a department of the
State government to be known as the State Department
of Agriculture and to prescribe its powers and duties; to
provide for the appointment of a commissioner of said
department and to prescribe his qualifications, powers,
duties, compensation and tenure of office; to provide for
the transfer to said department and all powers and duties
heretofore conferred and imposed upon the Commissioner
of Agriculture, and upon the Missouri Grain Warehouse
Department and the Grain Warehouse Commissioner and
upon the Missouri Agricultural Experiment Station at
Columbia and the Director of said experiment station by
Article 14, Chapter 102 of the Revised Statutes of Mis-
souri, 1939; abolishing the Missouri Grain Warehouse
Department and the office of Grain Warehouse Commis-
sioner; to create a separate division within said depart-
ment to be known as the Grain Warehouse Division, and
to prescribe the qualifications, powers, duties, compen-
sation and tenure of office of the head of said division;
to create a separate division within said department to
be known as Animal Health Division, and to prescribe
the qualifications, powers, duties, compensation and ten-
ure of office of the head of said division; to provide a
method for removal of the Commissioner of [or] Directors;
150 MESSAGES AND PROCLAMATIONS OF
and to repeal all other laws and parts of laws inconsistent
with the provisions of this Act."
Section 2 of Senate Committee Substitute No. 2 for Sen-
ate Bill No. 353, lines 1 to 7, inclusive, provides for the ap-
pointment of a Commissioner of the Department of Agricul-
ture by the Governor by and with the advice and consent of
the Senate, and said Commissioner shall serve at the pleasure
of the Governor from and after his appointment and confirma-
tion, unless removed for cause. Although said section pro-
vides that the Commissioner shall serve at the pleasure of
the Governor, Section 9, page 8, provides that the Governor
may remove the Commissioner for inefficiency, neglect of duty
or misconduct in office, first giving to such officer a copy of
the charges against him and an opportunity of being publicly
heard in person and by counsel in his own defense upon not
less than ten days' notice of the time and place of such hearing.
These two sections are in conflict with each other.
The Constitution provides (Section 17, Article IV) "All
appointive officers may be removed by the governor , , . ."
It is my opinion that Section 9 of the bill conflicts with Sec-
tion 17, Article IV of the Constitution, and that Section 2 of
the bill is more nearly in conformity with the provisions of
the Constitution. However, the Constitution merely says that
appointive officers may be removed by the Governor. The
words "removed for cause" are not used in the Constitution,
Senate Committee Substitute No. 2 for Senate Bill No.
353 sets up within the Department of Agriculture two divi-
sions with virtually independent administrative authority —
the Grain Warehouse Department, in Section 7, page 5, and
the Division of Animal Health in Section 8, page 7. There
are a number of divisions in the Department of Agriculture:
the Entomology Division; Seed Division; Feed Division; Live
Stock Division; Dairy Division; Division of State Fair, all in
addition to the Veterinary Division. If the Animal Health
Division is set up, in accordance with this bill, then surely
the Dairy Division is deserving of recognition, or the Feed
Division, or any of the other divisions for that matter. I do
n,ot believe that one division within a department should be
glorified over another. There should be no conflict of author-
ity within a department
GOVERNOR PHIL M. DONNELLY 151
In Section 3 the Commissioner of the Department of
Agriculture is given over-all authority of the Department of
Agriculture. However, in Section 8, paragraph "c", page 8,
of the bill, the director of Animal Health is given full charge
of the veterinary services of the State and in addition "he
shall have all the powers, duties and responsibilities hereto-
fore conferred and imposed upon the State Veterinarian under
the provisions of Article 11, Chapter 102, Revised Statutes
of Missouri, 1939." While it is true that in Section 8a, line 5,
page 7, the director of Animal Health is under the supervision
of the Commissioner, I think there is no question but what
there is a conflict of authority between Section 8a and
Section 8c.
Section 4, page 4, seems to be a gratuitous section for
the reason that the relations between the Department of
Agriculture and the College of Agriculture of the University
of Missouri have been harmonious for practically seventy
years. This section could be so construed as to prohibit the
Department of Agriculture from cooperating with any other
agency, State or Federal, except the College of Agriculture
of the University of Missouri.
Section 7a, page 5, seeks to transfer the Grain Warehouse
Department to the Department of Agriculture. I have no
objection to such transfer. However, this section undertakes
to do more than that. In lines 4 to 10, inclusive, of Section
7a there is this provision: ", . . the Grain Warehouse
Commissioner shall continue as head of said division until April
15, 1947 and shall have the same rights, powers, duties, tenure
of office and compensation now provided for the Grain Ware-
house Commissioner and until a director of said division is
appointed, confirmed, and qualified pursuant to the provisions
of this act, unless removed for cause."
The Legislative branch of the government has no author-
ity whatsoever to appoint a particular person to an office, or
to provide that a certain officer shall continue as head of a
division of a department of State government until April 15*
1947, or any other date. Our State government is divided
into three distinct departments: the Legislative, Executive,
and Judicial. Each department has separate duties and func-
tions which are prescribed by the Constitution. One depart-
ment shall not exercise any power properly belonging to the
152 MESSAGES AND PROCLAMATIONS OF
other unless the Constitution expressly authorizes it. There
is no constitutional authority authorizing the Legislative
Department to appoint any particular person to office, or to
continue any particular person in office. That is a duty that
is wholly within the power of the Executive Department.
When the Legislative Department undertakes to appoint a
particular person to office, or to designate a certain person to
continue in office until April 15, 1947, or any other date, then
the Legislative Department usurps the power and authority
of the Executive Department and is acting wholly outside the
scope of the Constitution. As was said by the Supreme
Court of Missouri in the case of State ex rel. v. St. Louis,
216 Mo. 47, 1. c. 96:
"That section . . . expressly authorizes the Gen-
eral Assembly, acting within its legislative capacity, to
pass a law prescribing the manner in which an appoint-
ment shall be made, but it does not authorize the Gen-
eral Assembly to make the appointment itself, ....
To provide by law the manner in which an appointment
shall be made is one thing; to make the appointment is
another; the one is in its nature legislative, the other is
essentially executive. The Constitution authorizes the
Legislature to do the one but not the other . . . ,"
In said Section 7a, page 5, line 8, the word "confirmed"
is used in referring to a director of the Grain Warehouse
Division. In Section 7b, lines 11 and 12, the director of the
Grain Warehouse Division shall be appointed by the Com-
missioner. There is no provision in the bill providing that
the director shall be confirmed. In fact, no appointee can be
confirmed except those appointed by the Governor by and
with the advice and consent of the Senate,
Section 7a, page 5, lines 5, 6, and 7, provides that the
Grain Warehouse Commissioner shall have the same rights,
powers, duties, tenure of office, and compensation now pro-
vided for the Warehouse Commissioner, etc. Section 7c, lines
24 to 28, inclusive, provides that the director of the Grain
Warehouse Division shall, with the approval of the Commis-
sioner, appoint and fix the compensation of such clerks, stenog-
raphers, inspectors, and other employees necessary for the
GOVERNOR PHIL M. DONNELLY 153
proper execution of his duties. It is not clear in the bill as
to the status of the employees of the Grain Warehouse Depart-
ment if they should come into the Department of Agriculture
as a new division.
For the reasons hereinabove set forth I cannot approve
this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 11, 1946
From the Journal of the House of Representatives, pp. 4163-41&5
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 11, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my
approval, House Committee Substitute for House Bill No,
815, entitled:
"AN ACT
"To create a county court; provide for county court
districts, for the election, appointment, commission, term
of office, and qualifications of judges of the county courts;
provide certain powers and duties of the county courts;
provide terms, procedure, and for judicial reviews of pro-
ceedings in the county courts; prohibit judges of the
county courts from contracting with the county and do-
ing certain other acts, and fixing penalties for the viola-
tion, thereof; and to repeal Section 2474 of Article 13,
Chapter 10, Revised Statutes of Missouri, 1939, as
amended by an act of the 63rd General Assembly of Mis-
souri, known as House Bill No. 708, approved December
154 MESSAGES AND PROCLAMATIONS OF
19, 1945, relating to county courts, their organization and
districting of counties into county court districts; and to
repeal Sections 2475 to 2497, both inclusive, of the Re-
vised Statutes of Missouri, 1939, the said Section 2474
and Sections 2475 to 2497, both inclusive, constituting
the entire Article 13, Chapter 10, Revised Statutes of Mis-
souri, 1939, relating to county courts, their organization,
powers, procedure, appeals, and related matters."
Section 1, page 2, lines 6 to 9, inclusive, of House Com-
mittee Substitute for House Bill No. 815, provides that each
<couHty shall be districted by the county court into two dis-
tricts as nearly equal in population as practicable, without
•dividing municipal townships. In lines 11 to 17 of the same
•section of House Committee Substitute for House Bill No.
815 it is provided further "that in each county of the second,
third and fourth class, where the population of any one dis-
trict varies from pne-half the population of such county by
more than one-fourth thereof, the county court shall redistrict
such county court districts as herein provided except that in
such counties municipal townships may be divided." (Under-
scoring mine.)
It is my opinion, that from the wording of the above pro-
vision it is impossible to determine whether the variation of
one-fourth, which is referred to, is from one-half the popula-
tion of such county or from the total population of such
county. I believe that this constitutes a serious ambiguity
in this provision of Section 1 of House Committee Substitute
for House Bill No. 815.
Furthermore, the effect of allowing municipal townships
to be divided in any county would, in my opinion, allow the
voters of the divided township to vote for either of the county
judges who are to be elected from the two districts. This
would be true since the voters of any divided township could
vote in any precinct within that township and would thus not
be restricted to voting in the county court district in which
they lived. Section 11469, Revised Statutes of Missouri,
1939, as amended by Laws of Missouri, 1943, page 555, relat-
ing to the qualifications of voters provides: ". , * each
shall vote only in the township in which he resides . . . .**
GOVERNOR PHIL M. DONNELLY 155
In construing Section 4748, Revised Statutes of Mis-
souri, 1919, which section is now Section 11469, Revised Stat-
utes of Missouri, 1939, as amended, the Supreme Court of
Missouri in State v. Pearson, 288 Missouri, 103 said, 1. c. 107:
'The statute does not require that he shall live in the
precinct in which he voted, but only that he shall vote
in the township in which he resides."
Therefore, as stated above, a voter could vote in any precinct
in the township in which he resides. In my opinion the pro-
vision in Section 1 of House Committee Substitute for House
Bill No. 815, allowing municipal townships to be divided, is
unworkable without a change in the election laws.
The proviso on page 2 of the bill, lines 11 to 17, inclusive,
applies in counties of the second, third, and fourth class. It
does not apply in counties of the first class. It is my opinion
that it would be impractical and unworkable to divide town-
ships in the smaller rural counties of the third and fourth
classes. If townships are to be divided I see no occasion to
exempt counties of the first class.
Section 2, page 2, of House Committee Substitute for
House Bill No. 815 provides for the election of the presiding
and associate judges of the county court. In lines 2 and 3
of Section 2, the election applies "in all counties of this State."
In Laws of Missouri, 1943, page 509, there is a section per-
taining to the election of judges of the county court in coun-
ties of not less than 250,000 nor more than 450,000 inhabitants.
This section in Laws of Missouri, 1943, page 509, should be
repealed in order to comply with the new classification of
counties.
I call attention to the fact that on page 3, Section 2>
lines 17, 18, 19, and 20, it provides that "Each judge of the
county court elected or appointed under the provisions of this
act shall enter upon the duties of his office on the 1st day of
January next after his election . . . ." The words "or
appointed" evidently should be stricken out, for if a judge is
appointed to fill a vacancy his appointment would become
effective immediately and he would not have to wait until the
first day of January to assume the duties of his office. The
words "or appointed" in line 18 are confusing.
156 MESSAGES AND PROCLAMATIONS OF
In Section 6, page 3, line 8, the words "or appointed"
should be inserted after the word "elected" and before the
word "and" to make said section comply with Section 4,
Article IV, Constitution of 1945.
House Bill No. 708, enacted by the 63rd General Assem-
bly and approved December 19, 1945, was enacted for the
purpose of complying with Section 7, Article VI of the Con-
stitution of 1945. The words "of whom the probate judge
may be one" in Section 2474, Revised Statutes of Missouri,
1939, were stricken out by House Bill No. 708. In my opinion
House Bill No. 708 meets the requirements of Section 7, Arti-
cle VI of the 1945 Constitution, and there is no need to repeal it.
If counties want to frame and adopt their own charters or
adopt an alternative form of county government they can do
so without conflicting with the provisions of Section 2474 of
House Bill No. 708.
The other sections in House Committee Substitute for
House Bill No. 815 with few exceptions are the same as the
present sections in Article 13, Chapter 10, Revised Statutes
of Missouri, 1939, pertaining to county courts. There is noth-
ing contained in House Committtee Substitute for House Bill
No. 815 which is essential to the adequate and proper function-
ing of the county courts of this State or which is necessary
under the Constitution. In view of the ambiguous and un-
workable provisions in House Committee Substitute for House
Bill No. 815 I believe the present laws pertaining to county
courts would be more practical and workable than to approve
this bill, and for that reason I am vetoing it,
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 157
TO THE HOUSE OF REPRESENTATIVES
JUNE 26, 1946
From the Journal of ike House of Representatives, pp. £525-4527
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 922, entitled:
"AN ACT
"To repeal Section 12986, Article 2, Chapter 85,
Revised Statutes of Missouri, 1939, relating to the con-
tingent fund for the prosecuting attorney in counties of
100,000 to 400,000 inhabitants, and to repeal Section
13470, Article 4, Chapter 99, Revised Statutes of Mis-
souri, 1939, relating to the contingent fund of the pros-
ecuting attorney in counties containing a population of
350,000 to 750,000 inhabitants, and to enact in lieu there-
of a new section relating to the contingent fund of the
prosecuting attorney in Class 1 counties, to be known as
Section 12986."
House Bill No. 922 in Section 12986, lines 1 to 5 inclusive,
provides:
"In all counties of Class 1 there shall be set aside annually
by the county clerk of such county in January of each
year a contingent fund in the amount of $3,000 for the
use of the office of the prosecuting attorney of such
county, . . . ." (underscoring mine)
It is my opinion that county clerks in counties of the
first class, or any other class, are without authority to set
aside a contingent fund in any amount without the specific
action of the county court.
Section 7 of Article VI of the Constitution of 1945,
provides:
158 MESSAGES AND PROCLAMATIONS OF
"In each county not framing and adopting its own charter
or adopting an alternative form of county government,
there shall be elected a court of three members which
shall manage all county business as prescribed by law, and
keep an accurate record of its proceedings. The voters
of any county may reduce the number of members to
one or two as provided by law." (underscoring mine)
The underlined portions of this section very closely resemble
Section 36 of Article VI of the Constitution of 1875, the per-
tinent part of which read: ". . . shall have jurisdiction to
transact all county and such other business . . . ."
Concerning Section 36 of Article VI of the Constitution
of 1875 our Supreme Court in State ex rel. Buckner vs. Mc-
Elroy, 309 Mo. 595, 1. c. 608, said:
"The gist of this case hovers around Section 36 of Article
VI of the Missouri Constitution for 1875. This section
reads: 'In each county there shall be a county court,
which shall be a court of record, and shall have juris-
diction to transact all^ county and such other business as
may be prescribed by law. . . . Likewise we find the
power to sell property belonging to the county, and to
audit and settle all demands against the county. Much
of this section has stood for many years, and is and
was a legislative construction of the Constitution when
it speaks of transacting county business. . . ." (under-
scoring mine)
And on page 610 the decision approves the language of
an Oregon case, as follows:
" 'County business,' within Article VII, Section, 11, 12,.
of the Constitution, authorizing the Legislature to pro-
vide for the election of two commissioners to sit with the
county judge while transacting county business, and the
statute providing for the election of two persons to sit
with the county judge in the transaction of county busi-
ness, means all business pertaining to the county as a
corporate entity, and the Legislature may neither limit
nor extend the operation of the Constitution, and a pro-
GOVERNOR PHIL M. DONNELLY 159
ceeding to create a new county out of territory of an
existing county is county business,"
That the expenditures contemplated by the above-men-
tioned House Bill No. 922 constitute "county business," within
the meaning of this constitutional provision, has been deter-
mined by our Supreme Court in another case, Graves v. Pur-
cell, 85 S. W. (2d) 543, a decision by the Supreme Court En
Bane. In that case the County Budget Law, particularly
those sections relating to the estimate of expenditures sub-
mitted by the circuit clerk, were under attack on the ground
that they violated the provisions of the constitutional pro-
vision directing that county courts transact all county business.
In denying this contention, the court stated, 1. c. 550:
". . . We do not think that the section of the act
here complained of grants to the circuit court or to the
circuit clerk any power to expend money, but merely pro.
vides for the payment to the court and its clerk of such
expenditures as under existing law the court and its clerk
may be entitled to make and which are chargeable to
the county. . . ." (underscoring mine)
In interpreting the words "county business," a Texas
Court of Civil Appeals in Glenn v. Dallas County Bois D'Arc
Island Levee Dist., 275 S. W. 137, 1. c. 145, stated:
'*. . . Within the meaning of the Constitution creating
and conferring jurisdiction upon commissioners' courts,
we think it is proper to give to the term 'county business'
a broad and liberal construction so as not to defeat the
real purpose that was intended to be accomplished by
the law in providing that the commissioners' court shall
exercise such power and jurisdiction over all county busi-
ness as is conferred by the Constitution and the laws of
the state, or as may be hereafter prescribed, . . . ."
In view of Section 7, Article VI of the Constitution of
1945 and the foregoing decisions, it is plain that expenditure
of the sum of $3,000.00 by setting it aside for the use of the
office of the prosecuting attorney clearly constitutes "county
business" within the meaning of Section 7 of Article VI of
160 MESSAGES AND PROCLAMATIONS OF
the Constitution of 1945 and would therefore be an act which
could be performed only by the county court itself and would
be an unwarranted attempt to delegate power to the clerk of
said court.
I am therefore of the opinion that the county clerk is
without authority to set aside the sum of $3,000.00 for the
use of the prosecuting attorney in counties of the first class
without action of the county court of the county concerned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 10, 1946
From the Journal of the Senate, pp. 4140-4-141
EXECUTIVE OFFICE, (STATE OF MISSOURI, JEFFERSON CITY,
July 10, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, Senate Committee Substitute for Senate Bills Nos*
33, 34, 35, 36, 37, 38, and 39, entitled:
"AN ACT
'To repeal Sections 11939, 11940, 11942, 11944,
11945, 11949 and 11952, Article 19, Chapter 76, of the
Revised Statutes of Missouri 1939, relating to registra-
tion and elections in all cities of this State which now con-
tain or may hereafter contain ten thousand inhabitants
and less than thirty thousand inhabitants, and to enact
in lieu thereof seven new sections, relating to the same
subject matter, to be known as Sections 11939, 11940*
11942, 11944, 11945, 11949 and 11952."
GOVERNOR PHIL M. DONNELLY 161
This Senate Committee Substitute was originally seven
separate bills. Each bill dealt with a section of the Statutes.
However, all of said bills were consolidated into Senate Com-
mittee Substitute for Senate Bills Numbers 33 to 39 inclusive.
Section 11939 of this Substitute makes only one change
in the present law and that is in lines 6 to 12 inclusive, page
2, where two registrars of election are provided for instead of
one as in the present law. Said two registrars are to be elected
from the two political parties casting the highest number of
votes for Governor at the last preceding State election. I have
no specific objection to this change and if this section were
in a separate bill I would approve it.
Section 11940, page 3, of this Substitute changes the pres-
ent law with reference to the city clerk. It takes away his
duties as an ex-officio member of the board of registrars but
leaves him as the custodian of the registration books and as
secretary of the board of registrars. There is no legitimate
reason why the city clerk should not be an ex-officio member
of the board of registrars. The city clerk is on duty at his
office on the usual business days and at the regular office
hours and it is a convenience to the voter to be able to register
at the office of the city clerk at any time during the year as
provided for in Section 11949, Revised Statutes of Missouri,
1939.
Section 11942 makes only one change and that is in line
7 wherein the words "or the ex-officio member" are not in-
cluded in this section. This is in accordance with the pro-
vision in Section 11940 in taking away the duties of the city
clerk as ex-officio member of the board.
Section 11944 makes a specific provision in lines 3 to 8
inclusive, page 4, that the days of registration shall be the
first and third Mondays of the two months immediately pre-
ceding the month in which any special or municipal, or pri-
mary, State, county, or city election may be held in the city.
This provision specifically limits the days for registration to
those four days in those two months.
Section 11945 has a new provision found in lines 9 to 13
inclusive, page 5, wherein it is provided that when any person
has changed his domicile to a precinct or ward other than the
one in which he is legally registered, such person shall not
be qualified to vote in the precinct or ward from which he
162 MESSAGES AND PROCLAMATIONS OF
has moved his domicile. In other words, if a person moved
from one precinct to another and did not register on one of
the four days provided for in Section 11944 he would be barred
from voting because this provision, in Section 11945 would
prohibit him from voting in the precinct or ward from which
he was registered, although he is a legal resident of the city
but merely had moved from one precinct to another and did
not register on one of the four days mentioned in Section
11944. If a citizen moves from one precinct to another after
the registration books are closed he will be prevented from
voting at the election unless he would be able to obtain, an
order from a judge of the circuit court.
Section 11949 omits a provision from the present law
which I think is very important in the registration laws of
cities of this class and also is a great convenience to the citizens.
The present law provides:
"Section 11949. Registration shall be conducted at
the office of the clerk of the board, throughout the entire
year, except as herein provided, upon the usual business
days, and at the regular office hours, and at additional
hours, at the discretion of the board. The board may
also provide for and give notice of other places of regis-
tration, as in its judgment the best interests of the service
require, which places shall be open, for registration at
such times as the board may direct."
In other words, if an eligible voter has failed to register
on one of the days mentioned in the present law he still has
the opportunity under this provision in Section 11949 to reg-
ister at the office of the clerk of the board. Under the present
law the clerk of the board is an ex-officio member of the board
and has the authority to register a voter at any time prior
to ten days before the election. However, under this Com-
mittee Substitute the clerk is no longer an ex~officio member
of the board and therefore has no authority to register a voter.
The net result is that if an eligible voter failed to register on
one of the four days mentioned in Section 11944 then he is
barred from voting except by an order of a judge of the cir-
cuit court. Not every city of the class affected (10,000 to
30,000) has a circuit judge residing in the city who is avail-
able for the purpose of registering voters. In my opinion this
GOVERNOR PHIL M. DONNELLY 163
would prevent many eligible persons from voting because they
would be unable to register. Registration laws should not be
so written as to make it difficult for qualified voters to register.
Of course there is a provision in Section 11949, which
also is in the present law, providing that a person who has
been unable to register may appear before two judges of elec-
tion in the precinct where the voter resides and said judges
shall have the authority to register such voters. From a prac-
tical standpoint this is unworkable and anyone familiar with
elections knows that it is unworkable and that but few voters
could be registered on the day of election because the judges
are too busy with their duties as election judges. The result
will be that voters who are in all respects qualified to vote in
the election will be prohibited from voting because they were
unable to register.
If the above quoted provision of Section 11949, which is
now in the present law, had been included in this bill I would
be inclined to approve this bill, but with this provision of the
present law omitted and the registration limited to four days
as provided for in Section 11944, I do not think this Com-
mittee Substitute should become a law.
For the above reasons I am unable to approve this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
AUGUST 1, 1946
From the Journal of the House of Representatives, pp. £705-470?
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 1, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 989, entitled:
164 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To appropriate money to pay the salaries, wages
and per diem and other expenses of the Civil Officers and
employees and of other departments and agencies of the
State Government as follows: the Executive Offices, the
Secretary of State, the State Auditor, the State Treas-
urer, the Attorney-General, Supreme Court, St. Louis
Court of Appeals, Kansas City Court of Appeals, Spring-
field Court of Appeals, Circuit and Common Pleas Court
Judges, Special Judges, the Judicial Conference, magis-
trates, the Department of Business and Administration,
the Department of Conservation, the Highway Depart-
ment, the Department of Labor and Industrial Relations,
the Department of Agriculture, the State Highway Patrol,
the Supervisor of Liquor Control, the Adjutant-General,
the Missouri Military Forces, the State Service Officer,
the Children's Code Commission and Missouri's partici-
pation in the Council of State Governments; for the period
beginning July 1, 1946 and ending June 30, 1947."
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
It is my opinion that the greater part of the appropria-
tion in Section 4,051 should have been made to the Comptroller
instead of the State Auditor. The greater part of the duties
formerly performed by the Auditor for the State Highway
Department, for which this appropriation is made, are now
performed by the Comptroller, However, the General Assem-
bly may not have appropriated sufficient funds for the Comp-
troller to carry out his duties and it is very likely that the
Comptroller will have to use employees of the State Auditor
for this particular work. If so, this appropriation for personal
service should be available for that purpose,
I am of the opinion that $10,000,00 of the appropriation
for personal service probably will be sufficient; however, I am
approving the amount set out in the bill, $35,000,00 for per-
sonal service, with the understanding that I will control the
GOVERNOR PHIL M. DONNELLY 165
expenditure of $25,000.00 of this amount by allotment upon
proof that any portion of the $25,000.00 is necessary for the
Comptroller and Auditor to carry out the purpose of this
section.
I have discussed this matter with the Comptroller and the
State Auditor and they agree to handle the appropriation in
this manner.
I call attention to Section 4.390, page 61, lines 7 to 10,
inclusive, wherein the salaries, wages, and per diem of the
officers and employees and other expenses of the Commis-
sioner of the State Department of Agriculture are appropriated
"in the administration of an Act of the 63rd General Assem-
bly, Laws of Missouri, 1945, page 305; for the period begin-
ning July 1, 1946 and ending June 30, 1947."
There is no act of the 63rd General Assembly, Laws of
Missouri, 1945, page 305. In fact the Laws of Missouri for
1945 have not been printed. It was evidently the intention
of the General Assembly to refer to an act of the 61st General
Assembly, Laws of Missouri, 1941, page 305, as there is such
an act in the Laws of Missouri, 1941, at page 305, providing
for apple merchandising fees, an apple merchandising fund,
and also other provisions. However, several sections of that
act were repealed and reenacted by Senate Bill No. 109 of
the 63rd General Assembly which has been passed and
approved.
Section 23, Article IV of the Constitution of 1945
provides:
". . . Every appropriation law shall distinctly specify
the amount and purpose of the appropriation without
reference to any other law to fix the amount or purpose.*'
This section (4.390) of the appropriation bill refers to
another law to fix the purpose, to wit: the act of the 63rd
General Assembly of Missouri, Laws of Missouri, 1945, page
305, but as above stated, there is no such act but if there
were it still would be an incorrect way to state the purpose
of the appropriation in view of the above constitutional
provision.
The State Treasurer has no authority to pay out public
funds on a guess or speculation as to the purposes of an
appropriation act.
166 MESSAGES AND PROCLAMATIONS OF
For the reasons herein stated I do not approve the appro-
priation of $10,000.00 set forth in Section 4,390 and therefore
said amount is vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
AUGUST 7, 1946
From the Journal of the Senate, pp. 4148-4149
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 7, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, Senate Bill No. 301, entitled:
"AN ACT
"To repeal Sections 10346, 10353, 10357, 10367,
10370, 10374, 10387, 10390, 10392, 10393, and 10397, of
Article II, Chapter 72, Revised Statutes of Missouri,
1939; also an act of the 61st General Assembly approved
August 9, 1941, pages 547-548, Laws of Missouri, 1941;
also an act of the 62nd General Assembly approved Au-
gust 2, 1943, page 909, Laws of Missouri, 1943; relating
to all classes of schools and to enact in lieu thereof thir-
teen new sections to be known as Sections 10327a, 10327bf
10346, 10353, 10357, 10364a, 10367, 10374, 10390, 10392,
10393, and 10397, relating to the same general subject
matter, giv ng to the State Board of Education, and the
State Commissioner of Education certain powers and
duties heretofore vested in the State Superintendent of
Public Schools/'
GOVERNOR PHIL M. DONNELLY 167
Senate Bill No. 301 in the title thereof states that it is
an act to repeal fourteen sections of the 1939 Statutes, includ-
ing two sections of the Laws of Missouri, 1941, pages 547 and
548, and also one section of the Laws of Missouri, 1943, page
909, and enacting in lieu thereof thirteen new sections. How-
ever, there are only twelve sections set out in the title. This
same error appears in Section 1 of the bill.
In the title and also in Section 1 of Senate Bill No. 301,
Section 10387 of the Revised Statutes of Missouri, 1939, is
repealed. No section is enacted in lieu thereof. This is one
of the sections that pertains to the foreclosure of school fund
mortgages. In the case of Murphy vs. Butler County, 352
Missouri 1082, 1. c. 1085, the Supreme Court of Missouri said:
"The requirements for foreclosure of School Fund
mortgages are set out in Sections 10385 and 10387."
The Supreme Court also held in said case, 1. c. 1085:
"The order of sale required by Section 10387 is essential
to a valid sale." Citing Benton County vs. Morgan, 163
Missouri 661.
Section 10385 was amended by an act of the 62nd General
Assembly, Laws of Missouri, page 880. However, the amend-
ment merely added another condition that should be included
in the form of mortgage. In view of the fact that Sections
10385 and 10387 are the two sections which provide for the
foreclosure of school fund mortgages, it is my opinion that
Section 10387 should not be repealed. This is especially true
in view of the fact that the Supreme Court has held in the
above cited case of Murphy vs. Butler County, that the order
of sale required in said section is essential to a valid sale of
land under a school fund mortgage. The Supreme Court
decided the Murphy case as late as June, 1944.
Section 10370 is repealed by Senate Bill No. 301 and no
section enacted in lieu thereof pertaining to the same subject
matter. I doubt the advisability of an outright repeal of Sec-
tion 10370. This section pertains to a requirement that text-
books on physiology, used in the public schools of Missouri,
shall contain a chapter or chapters on dental hygiene. I think
the instruction in dental hygiene atxd physiology in the public
168 MESSAGES AND PROCLAMATIONS OF
schools is of sufficient importance that the textbooks on these
subjects should contain a chapter or chapters concerning in-
struction on prevention of defects and diseases of the mouth
and teeth. In re-writing this bill I suggest that the repealing
of Section 10370 be given serious consideration.
The remaining sections of Senate Bill No. 301 relate to
changes in the sections of the school laws in order to make
said sections conform to the provisions of the new Consti-
tution. These changes can be made in another bill without
seriously interfering with the operation of the present laws,
while Section 10387 is of such importance that I do not believe
this bill should be approved in its present form.
The salaries set forth in Senate Bill No. 301 have been
approved in other bills.
I suggest that this bill be re-written to conform to the
suggestions in this message.
For the above reasons I cannot approve this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
AUGUST 8, 1946
From the Journal of the Senate, pp. 4149~4150
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 8, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without
my approval, Senate Bill No. 331, entitled:
"AN ACT
"To amend Section 9454, Article 1, Chapter 54, Re-
vised Statutes of Missouri, 1939, relating to the granting
GOVERNOR PHIL M. DONNELLY 169
of certificate to applicant for pension and certifying the
same, by striking out of the third line, the ninth line and
the eighteenth line of said Section 9454 the word 'probate'
and inserting in each instance in lieu thereof the word
'magistrate', with an effective date."
Senate Bill No. 331 refers only to one section of the Re-
vised Statutes of Missouri, 1939, to wit: Section 9454. How-
ever, this same Section 9454 was repealed and reenacted in
Senate Bill No. 453 of the 63rd General Assembly which has
been passed and approved. The only change that Senate Bill
No. 331 makes in Section 9454 of the Revised Statutes of
Missouri, 1939, is the word "probate" is stricken out in three
places and the word "magistrate" inserted in lieu thereof.
We still have probate courts in Missouri. If there is any
question about persons applying to the probate court for the
benefits of this article (pensions to the blind) they have the
right, under Senate Bill No. 349, to apply to the Division of
Welfare of the Department of Public Health and Welfare for
the benefits referred to in Section 9454, because the duties of
the Missouri Commission for the Blind have been transferred
to and vested in the Division of Welfare of the Department
of Public Health and Welfare by Senate Bill No. 349 of the
63rd General Assembly.
Senate Bill No. 331 did not change the words "state
auditor" in lines 11 and 18 to "comptroller." However, this
change was made in Section 9454 of Senate Bill No. 453. The
following words in lines 7 and 8: "Missouri commission for
the blind at its office in St. Louis, Missouri" should have been
stricken out of Senate Bill No. 331 and the following words
inserted in lieu thereof: "the Division of Welfare of the
Department of Public Health and Welfare at its office in
Jefferson City, Missouri." In lines 3 and 4 of Senate Bill
No. 331, the words "to the commission for the blind" should
have been stricken out and the words "Division of Welfare
of the Department of Public Health and Welfare" inserted in
lieu thereof.
Because of the errors in Senate Bill No. 331, as herein
stated, and the fact that this subject matter is included in
Senate Bill No. 453, there is no point in approving Senate
Bill No. 331.
170 MESSAGES AND PROCLAMATIONS OF
It is my opinion that Section 9454, as s,et forth in Senate
Bill No. 453, should be repealed and reenacted so that appli-
cants for blind pensions may apply to the probate court or
magistrate court or to the Division of Welfare of the Depart-
ment of Public Health and Welfare at its office in Jefferson
City, Missouri, for the benefits of this article.
For the reasons herein stated I veto this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
AUGUST 19, 1946
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 19, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, House Bill No. 569, entitled:
"AN ACT
"To repeal Section 9283 of an Act of the Sixty-third
General Assembly, known as Senate Bill No. 129, ap-
proved March 25, 1946, relating to State Eleemosynary
Institutions, nurses, attendants, and other employees,
their employment and compensation and to enact in lieu
thereof one new section relating to State Eleemosynary
Institutions, nurses, attendants and other employees,
their employment, compensation, wages and number of
hours of work a day, to be known as Section 9283,"
The 63rd General Assembly passed Senate Bill No. 129
fixing the compensation of employees in the State Hospitals
at not less than $900.00 per year or $75.00 per month.
GOVERNOR PHIL M. DONNELLY 171
The 63rd General Assembly passed Senate Bill No. 85
increasing the salary of the Superintendent of the Missouri
State Sanatorium at Mount Vernon to a sum not to exceed
$6,000.00 per annum.
Said General Assembly also passed Senate Bill No. 86
increasing the salaries of the Superintendents at the several
State Hospitals to an amount not exceeding $6,000.00 per
annum.
Said General Assembly passed Senate Bill No. 87 increas-
ing the salary of the staff physicians at the State Hospitals
at not to exceed $4,000.00 per year and also increased the
number of physicians.
However, the 63rd General Assembly failed to provide
sufficient funds to pay these increases.
For instance, at State Hospital No. 1, Fulton, the appro-
priation for Personal Service for the fiscal year was $450,-
000.00 or $37,500.00 per month. The monthly payroll for
June, 1946, was $32,604.27. This difference of $4,895.73 per
month is not sufficient to put into effect the present laws that
are now in effect and the eight hour law (House Bill No. 569).
The sum of $6,234.00 per month is needed to raise the present
employees to a, minimum of $75.00. The sum of $517.27 per
month is needed to increase the present employees propor-
tionately. The sum of $1,085.79 per month is needed to in-
crease the salary of the superintendent and physicians under
the above mentioned bills. It will require $1,512.00 per
month for additional employees needed under the present set
up. If House Bill No. 569 should become a law (the eight
hour bill) it will require $8,400.00 per month to put it into
operation. The present payroll plus the above enumerated
additions would require an appropriation of $50,353.33 per
month or $604,239.96 per year. As only $450,000.00 for Per-
sonal Service for State Hospital No. 1 for this fiscal year was
appropriated, there would be a shortage of $154,239.96 in
Personal Service for State Hospital No. 1 for this fiscal year.
At State Hospital No. 2, St. Joseph, the appropriation
for Personal Service for the fiscal year was $450,000.00 or
$37,500.00 per month. The monthly payroll for June, 1946,
was $34,871.84. This difference of $2,628.16 per month is not
sufficient to put into operation the present laws that are now
in effect and the eight hour law. The sum of $355.00 per
172 MESSAGES AND PROCLAMATIONS OF
month is needed to raise the present employees to a minimum
of $75.00. The sum of $885.00 per month is needed to increase
the present employees proportionately. The sum of $930.00
per month is needed to increase the salary of the superintendent
and physicians under the above mentioned bills. It will require
$7,500.00 per month for additional employees needed under
the present set up. If the eight hour bill should become a
law it will require $8,500.00 per month to put it into operation.
The present payroll plus the above enumerated additions
would require an appropriation of $53,041.84 per month or
$636,502.08 per year. As only $450,000.00 for Personal Serv-
ice for State Hospital No. 2 for this fiscal year was appro-
priated, there would be a shortage of $186,502.08 in Personal
Service for State Hospital No. 2 for this fiscal year.
At State Hospital No. 3, Nevada, the appropriation for
Personal Service for the fiscal year was $357,000.00 or $29,-
750.00 per month. The monthly payroll for June, 1946, was
$30,409.35. The June, 1946, payroll is $659.35 more than the
average monthly amount which was appropriated. The sum
of $300.00 per month is needed to raise the present employees
to a minimum of $75.00. The sum of $670.84 per month is
needed to increase the salary of the superintendent and phy-
sicians under the above mentioned bills. It will require $3,~
375.00 per month for additional employees needed under the
present set up. If the eight hour bill should become a law it
will require $6,425.00 per month to put it into operation. The
present payroll plus the above enumerated additions would
require an appropriation of $41,180.19 per month or $494,-
162.28 per year. As only $357,000,00 for Personal Service for
State Hospital No. 3 for this fiscal year was appropriated*
there would be a shortage of $137,162.28 in Personal Service
for State Hospital No. 3 for this fiscal year. No proportionate
increase for present employees is figured but if this is done
it will take an additional $1,070.00 per month for said increase*
At State Hospital No. 4, Farmington, the appropriation
for Personal Service for the fiscal year was $332,075,00 or
$27,672.91 per month* The monthly payroll for June, 1946,
was $25,601.99. This difference of $2,070.92 per month is not
sufficient to put into operation the present laws that are now
in effect and the eight hour law. The sum of $952.00 per
month is needed to raise the present employees to a minimum
GOVERNOR PHIL M. DONNELLY 173
of $75.00. The sum of 1580.00 per month is needed to increase
the present employees proportionately. The sum of $410.00
per month is needed to increase the salary of the superin-
tendent and physicians under the above mentioned bills. It
will require $4,620.00 per month for additional employ ee_s
needed under the present set up. If the eight hour bill should
become a law it will require $6,500.00 per month to put it
into operation. The present payroll plus the above enumerated
additions would require an appropriation of $38,663.99 per
month or $463,967.88 per year. As only $332,075.00 for Per-
sonal Service for State Hospital No. 4 for this fiscal year was
appropriated, there would be a shortage of $131,892.88 in
Personal Service for State Hospital No. 4 for this fiscal year.
At Missouri State School at Marshall and Carrollton the
appropriation for Personal Service for the fiscal year was
$212,340.00 or $17,695.00 per month. The monthly payroll
for June, 1946, was $15,450.60. This difference of $2,244.40
per month is not sufficient to put into operation the present
laws that are now in effect and the eight hour law. The sum
of $1,210.00 per month is needed to raise the present em-
ployees to a minimum of $75.00. The sum of $340.00 per
month is needed to increase the present employees propor-
tionately. The sum of $248.00 per month is needed to raise
the salary of the superintendent and physicians under the
above mentioned bills. It will require $1,835.00 per month
for additional employees needed under the present set up. If
the eight hour bill should become a law it will require $3,155.00
per month to put it into operation. The present payroll plus
the above enumerated additions would require an appropria-
tion of $22,238.60 per month or $266,863.20 per year. As
only $212,340.00 for Personal Service for the Missouri State
School at Marshall and Carrollton for this fiscal year was
appropriated, there would be a shortage of $54,523.20 in Per-
sonal Service for Missouri State School for this fiscal year.
On the present basis if the salary of employees was in-
creased to a minimum of $75.00 per month and other em-
ployees were increased proportionately and the salaries of the
superintendents and physicians were increased, it would
amount to a total of $1,843,871.40. The total appropriations
for Personal Service amount to $1,801,415.00 or a shortage of
$42,456.40 on the present basis. This does not allow for any
174 MESSAGES AND PROCLAMATIONS OF
additional employees. If additional employees were allowed,
it would require $18,842.00 per month or $226,104.00 per
annum. In other words, if the present laws are put into
operation and if additional employees, which are needed, are
included, the present appropriation for Personal Service for
this fiscal year is short $268,560.40. If the eight hour law
were put into effect it would require an additional $32,980.00
per month or $395,760.00 per annum. In other words, to put
the present laws into operation, and to employ additional em-
ployees needed, and to put the eight hour law into effect
would require an additional appropriation of $664,320.40.
In view of the fact that the General Assembly has not
appropriated sufficient funds to put into operation the present
laws that now apply to these institutions and as I do not
know whether or not an additional amount will be appro-
priated to put into effect the eight hour law, I cannot approve
the eight hour law at this time.
There is another reason why there is a serious doubt as
to whether House Bill No. 569 should be enacted and that is
because it will conflict with House Bill No. 162, known as the
State Merit System Act. House Bill No. 569 pertains to the
State Hospitals and said hospitals are included in the Merit
System, Act provided for by House Bill No. 162. Said House
Bill No. 162 provides, among other things, as follows:
"Section 9. The Board shall have power to prescribe
such rules and regulations not inconsistent with the pro-
visions of this act as it deems suitable and necessary to
carry out the provisions of this act. Such rules and regu-
lations shall be effective when filed with the secretary
of state as provided by law."
Section 32 provides as follows:
"The regulations shall provide for the hours of work,
holidays, attendance, and leaves of absence in the various
classes of positions subject to this act. . . ,"
It is my opinion, when the Merit System Act becomes opera-
tive, that the Merit System Board will have the right to pro-
vide and regulate the hours of work in the different eleemosy-
nary institutions and for that reason the provisions of House
GOVERNOR PHIL M. DONNELLY 175
Bill No. 569 providing for an eight hour day conflict with the
provisions of House Bill No. 162.
For the reasons herein given I cannot approve this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
AUGUST 21, 1946
From the Journal of the House of Representatives, pp. 4714-4723
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 21, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 1026, entitled:
"AN ACT
"Appropriating money for the support of the State
Government for payment of certain contingent and inci-
dental expenses of the State Government, for the period
beginning July 1, 1946, and ending June 30, 1947; and
to appropriate money for the payment of various forms
of relief; for the several departments of the State Govern-
ment, several boards, bureaus, and commissions and state
officers, and persons, firms and corporations for the pay-
ment of which the state may be liable, and appropriating
funds for other purposes for the period beginning July 1,
1946, and ending June 30, 1947, and prior years."
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
176 MESSAGES AND PROCLAMATIONS OF
I.
Section 9.010, on page 2, in line 17, the name "Pender-
gast" is erroneous, it should be "Prendergast" and I suggest
that the warrant be written correctly in accordance with the
claim.
II.
Section 9.160, I am vetoing $40,000.00 of the appropria-
tion of $75,000.00 mentioned in this section, for the reason
it is my information that $35,000.00 will be sufficient to pay
the refunds referred to in Section 9.160. This will leave $35,-
000.00 in effect, two-thirds of said amount to be chargeable
to the General Revenue Fund and one-third chargeable to
that part of the ordinary revenue fund set aside for the sup-
port of the free public schools. Said percentage being in
accordance with the original amount set forth in Section, 9.160,
III.
Section 9.310. There is hereby appropriated out of the
State Treasury, chargeable to the General Revenue Fund,
the sum of Fifty Thousand Dollars ($50,000.00) for the
purpose of purchasing and installing an electric roll-call
system in the chambers of the House of Representatives;
for the period beginning July 1, 1946 and ending June
30, 1947.
I hereby veto and disallow the appropriation of $50,-
000.00 set forth in Section 9.310 for the reasons hereinafter
set forth in the veto of Section 9,311.
IV.
Section 9.311. There is hereby appropriated out of the
State Treasury, chargeable to the General Revenue Fund,
the sum of Fifteen Thousand Dollars ($15,000.00), or so
much thereof as may be necessary to install proper air
conditioning units in the chambers of the Senate, for the
period beginning July 1, 1946 and ending June 30, 1947.
I hereby veto and disallow the appropriation of $15»~
000.00 set forth in Section 9.311.
GOVERNOR PHIL M. DONNELLY 177
Honorable J. E. Taylor, the Attorney General, has fur-
nished me with the following opinion in regard to the consti-
tutionality of the above two numbered sections:
"House Resolution No. 73, passed by the House March
29, 1945, reads as follows:
'Be it resolved, that the Committee on purchasing of sup-
plies, be, and the same is hereby, instructed to purchase
and have installed at the earliest possible date an ade-
quate mechanical device for reporting the roll of the
House.'
"This Resolution purports to be the basis for an appro-
priation, Section 9.310 of House Bill No. 1026, which provides:
'Section 9.310. There is hereby appropriated out of the
State Treasury chargeable to the General Revenue Fund,
the sum of Fifty Thousand Dollars ($50,000.00) for the
purpose of purchasing and installing an electric roll-call
system in the chambers of the House of Representatives;
for the period beginning July 1, 1946 and ending June
30, 1947.'
If there were no statutory authority for the appropriation then
it would be in violation of Section 23, Article III of the Con-
stitution of 1945, which provides that no bill shall contain
more than one subject. The courts have construed this to
mean that it is unconstitutional to legislate in an appropria-
tion act. State ex rel. Davis v. Smith, 75 S. W. (2d) 828;
State ex rel. Gains v. Canada, 113 S. W. (2d) 783.
"This brings us to the question of whether or not a House
Resolution may be used instead of a statute to make a perma-
nent addition to the House Chamber. A resolution is no
more than an expression of the opinion of a legislative body
and, in the case of Village of Altamont v. Baltimore & 0. S.
W. RR., 63 N. E, 340, the Supreme Court of Illinois said:
*A resolution or order is not a law but merely the form
in which the legislative body expresses an opinion.'
Further, in the case of Conley v. Texas Division of U. D. of
the Confederacy, (Tex.) 164 S. W. 24, the court said, 1. c. 26:
178 MESSAGES AND PROCLAMATIONS OF
'The chief distinction between a resolution and a law
seems to be that the former is used whenever the legis-
lative body passing it wishes to merely express an opinion
as to some given matter or thing, and is only to have a
temporary effect on such particular thing; while by the
latter it is intended to permanently direct and control
matters applying to persons or things in general. . . .'
In 54 C. J., p. 721, in defining a resolution, it is stated:
'. . . The term has been defined as a formal expression
of the opinion or will of an official body or a public assem-
bly adopted by a vote: . . .'
With these definitions in mind, we believe that a resolution
of this type, which attempts to be the statutory authority for
the appropriation of money to install a permanent roll -call
machine in the House Chamber, is in violation of Section 21,
Article III, of the Constitution of 1945, which reads in part
as follows:
'. . . No law shall be passed except by bill, . . .'
"Section 9.311, of House Bill No. 1026, provides:
'Section 9.311. There is hereby appropriated out of the
State Treasury, chargeable to the General Revenue Fund,
the sum of Fifteen Thousand Dollars ($15,000.00), or so
much thereof as may be necessary to install proper air
conditioning units in the chambers of the Senate, for the
period beginning July 1, 1946 and ending June 30, 1947.'
In this case we have no statutory authority, or purported
statutory authority by resolution for the appropriation. As
said above, this does not comply with Section 23, of Article
III, of the Constitution of 1945. It might be argued that it
is not necessary to have further statutory authority for either
of these appropriations, because it may be found in Section
12872, R. S. Mo. 1939, which provides:
'Each house shall control its own contingent expenses;
and when any accounts, properly chargeable to the house
of representatives, shall be adjusted and allowed accord-
ing to the rules of that house, a certificate thereof shall
be granted, signed by the speaker and attested by the
GOVERNOR PHIL M. DONNELLY 179
chief clerk; and when any account or demand for con-
tingent expenses of the senate shall be allowed according
to the rules of that house, a certificate thereof shall be
granted, signed by the president and attested by the
secretary/
In the case of Johnson et al. v. Donham et al.f 84 S. W. (2d)
374, the court, in defining contingent expenses stated, I. c. 376:
'. . . that is, such expenses as might ordinarily be ex-
pected to arise in the conduct of the office, but which
might not occur. . . .'
Further, in William P. Dunwoody v. The United States, 22
Court of Claims Rep. 269, the court states, 1. c. 280:
'. . . The adjectives contingent, incidental, and mis-
cellaneous, as used in appropriation bills to qualify the
word expenses, have a technical and well-understood
meaning; it is usual for Congress to name the principal
classes of expenditure which they authorize, such as clerk
hire, fuel, light, postage, telegrams, &c., and then to make
a small appropriation for the minor and unimportant dis-
bursements incidental to any great business, which can-
not well be foreseen and which it would be useless to
specify more accurately. For such disbursements a round
sum is appropriated under the head of "contingent ex-
penses," . . .'
It seems very clear to us that a capital investment, such as
the voting machine and air conditioning unit, could not be
called contingent expense.
"It is, therefore, my conclusion that Section 9.310 and
Section 9.311 of House Bill No. 1026, are unconstitutional
because there is no statutory authority for the appropriations
found in these sections."
I concur in the opinion of the Attorney General.
V.
Section 9.341. There is hereby appropriated out of the
State Treasury chargeable to the General Revenue Fund
the sum of Thirty Million Dollars ($30,000,000.00) to be
180 MESSAGES AND PROCLAMATIONS OF
transferred and set apart to the Missouri Postwar Re-
serve Fund for the period beginning July 1, 1946 and
ending June 30, 1947.
Honorable J. E. Taylor, the Attorney General, has fur-
nished me with the following opinion in regard to the consti-
tutionality of the above numbered section:
"The 63rd General Assembly by Senate Committee Sub-
stitute for House Bill No. 14 created a fund known as The
Missouri Postwar Reserve Fund/ Said act provided that the
fund sho,uld consist of:
'moneys appropriated by the General Assembly of the
State of Missouri to be credited to such fund, apd any
moneys paid into the state treasury, an,d required by law
to be credited to such fund/
"The act further provided that:
'This fund shall be kept separate and apart from all other
moneys in the state treasury and shall be paid out as
provided by law/ (Emphasis mine)
"The purpose of the fund as provided in the act was that:
'Such moneys, after appropriation pursuant to law, shall
be available only for postwar capital projects, postwar
public works, postwar unemployment projects, and for
other purposes considered by the general assembly to be
necessary for postwar rehabilitation and improvements
for Missouri/ (Emphasis mine)
"Pursuant to the above quoted enabling act the General
Assembly in Senate Committee Substitute for House Bill No.
15 provided:
'There is hereby appropriated out of the State Treasury,
chargeable to the general revenue fund, the sum of eight-
een million dollars ($18,000,000.00) to be transferred and
set apart to the Missouri Postwar Reserve Fund/
"The General Assembly further in an appropriation act.
House Bill No. 1026, Section 9,341 provided:
GOVERNOR PHIL M. DONNELLY 181
'There is hereby appropriated out of the State Treasury
chargeable to the General Revenue Fund the sum of
Thirty Million Dollars ($30,000,000.00) to be transferred
and set apart to the Missouri Postwar Reserve Fund for
the period beginning July 1, 1946 and ending June 30,
1947.'
"Out of the fund set up by the above statutes, House
Bill No. 837 appropriated $5,366,750.00 for the purpose of
building dormitories at various state colleges in Missouri.
Out of the same fund House Bill No. 992, Sections 7.012,
7.013 and 7.022 appropriated $1,212,750.33 to the State Uni-
versity and the School of Mines for various stated educational
purposes.
"From reading the above statutes the following questions
arise:
"1) Are House Bill No. 1026 and Senate Committee
Substitute for House Bill No. 15, which transfer $48,-
000,000.00 out of the General Revenue to the Postwar
Reserve Fund, appropriation acts?
"2) If such house bills are appropriation acts, for what
period of time is the money in said fund available for
disbursement?
"Section 23, Article IV of the Constitution of Missouri
1945 provides in part as follows:
'Every appropriation law shall distinctly specify the
amount and purpose of the appropriation without ref-
erence to any other law to fix the amount or purpose.'
"Section 28, Article IV of the Constitution of Missouri
1945, states:
'No money shall be withdrawn from the state treasury
except by warrant drawn in accordance with an appro-
priation made by law. . . .*
"An appropriation, as defined in State ex rel. McKinley
Pub. Co., v. Hackmann, 282 S. W. 1007, 1. c. 1010, is as
follows :
182 MESSAGES AND PROCLAMATIONS OF
'. . . An appropriation act does no more than to set
apart or designate the amount and the purposes for which
the authorized expenditures may be made by the depart-
ment named. . . .'
"Under the above definition of an appropriation an act
of the Legislature, in order to be an appropriation bill, must
permit expenditures to be made from the fund set apart or
designated.
"Senate Committee Substitute for House Bill No. 15 and
House Bill No. 1026 in transferring and setting apart $48,000,-
000.00 to the Missouri Postwar Reserve Fund do not contem-
plate the expenditure of such funds under authority of those
acts themselves. This is shown by the fact that the General
Assembly deemed it necessary to appropriate by separate acts
money out of the Postwar Reserve Fund before such moneys
could be used. It appears that the intent of the Legislature
was merely to transfer money from one fund in the State
treasury to another fund. As Senate Committee Substitute
for House Bill No. 14 states, the Postwar Reserve fund shall
be kept separate and apart from all other moneys 'in the State
Treasury/ and further provides that such moneys shall be
available only 'after appropriation pursuant to law/
"It is well settled in Missouri that the Legislature may
transfer moneys from one fund in the treasury to another
fund. In State ex rel. Davis v. Smith, 75 S. W. (2d) 828, this
practice is approved when the court said at 1. c. 830:
*. . . We recognize the right of the Legislature to pro-
vide by law that the surplus in such fund shall be trans-
ferred to the general revenue fund instead of the public
school fund, but the act of February 28, 1933 (Laws 1933,
p. 415) which purports to transfer to the general revenue
fund all sums of money in the state treasury to the credit
of the board of barbers' fund, etc., would not have the
effect of transferring a surplus remaining in such fund for
the years 1931 and 1932, the title to which had by law
passed to and vested in the public school fund before the
transfer act of February 28, 1933, waa passed. This act
does not purport to transfer any definite amount of
money to the general revenue fund- It simply directs the
state treasurer to transfer to the general revenue fund all
GOVERNOR PHIL M. DONNELLY 183
sums of money in the state treasury to the credit of the
numerous funds named in the act, including the board of
barbers' fund.'
"Furthermore, Senate Committee Substitute for House
Bill No. 14 specifically provides that the fund shall be created
by moneys appropriated by the General Assembly. In Werner
v. Martin, 194 N. E. 264, the Supreme Court of Illinois said:
*. . . The General Assembly determined that, instead
of setting apart one-third of the motor fuel tax fund for
road purposes, that portion should be set apart for schools
and placed in the common school fund. We said in Reif
v. Barrett, 355 111. 104, 188 N. E. 889, 902, that "the
creation of separate and distinct funds in the state treas-
ury is regulated by the statute. Except for funds pledged
to the retirement of bonds and interest the funds are sub-
ject to the legislative will. The funds may be changed,
or even abolished, and the funds therein transferred to
other accounts or funds." Section 17 of Article 4 of the
Constitution provides that no money shall be drawn from
the treasury except in pursuance of an appropriation
made by law and upon the presentation of a warrant
issued by the auditor thereon. No money shall be di-
verted from any appropriation made for any purpose or
taken from any fund either by joint or separate resolution.
The transfer in this case was not made by resolution,
either joint or separate, but was made by an act of the
General Assembly passed by a majority of the members
elected to both houses.'
"In the case of State ex rel. Parker v. Youngquist, 11
N. W. (2d) 84, 1. c. 86 the Supreme Court of South Dakota
had before it the question of whether a statute that transferred
10% of the receipts of various state boards and commissions
to the genera,! fund of the state was an appropriation act.
The court said:
'. . . An appropriation is legislative sanction for the
disbursement of the public revenue. In re Continuing
Appropriations, 18 Colo. 192, 32 P. 272. The test of
whether an act is an appropriation is whether the money
may be paid or drawn from the state treasury on author-
184 MESSAGES AND PROCLAMATIONS OF
ity of the act. Humbert v. Dunn, 84 CaL 57, 24 P. 11;
Campbell v. Towner County, 71 N, D. 616, 3 N. W. (2d)
822; People ex rel. Colorado State Hospital v. Arm-
strong, 104 Colo. 238, 90 P. 2d 522, The act in question
authorizes no disbursement of public revenue. No money
may be drawn from the state treasury on authority of
the act. By its terms it reduces the continuing appro-
priations of the eighteen separate governmental depart-
ments mentioned therein by means of the transfer of a
part of their tax receipts to the general fund of the state
where those funds are to be mingled with other tax col-
lections and used to meet appropriations payable out of
that fund. This law is not an appropriation of public
money.'
"One contention that might react contrary to the view
that Senate Committee Substitute for House Bill No. 15 and
House Bill No. 1026 are not appropriations is that Senate
Committee Substitute for House Bill No. 14 provides that
the fund shall consist of money 'appropriated' by the General
Assembly; and Senate Committee Substitute for House Bill
No, 15 and House Bill No* 1026 both provide that. There
is hereby appropriated out of the State Treasury/ thereby
indicating that the General Assembly in using the words
'appropriated' intended that such bills should be appropria-
tion acts.
"However, as our Supreme Court said m State ex rel
Path v* Henderson, 160 Mo. 190, *tha word "appropriate** i$
one of significance of which is largely effected by the context
in which it is found/
"The same question was presented to the Supreme Court
of Colorado in People ex rel Colorado State Hospital v. Arm-
strong, 90 Pacific (2d) 522, wherein it was contended that a
bill that created a certain fund and appropriated to such fund
a certain sum of money was an appropriation act because the
word *appropriated* was used* The Court said 1. c« 527:
*. . * The argument that the act under consideration
is an appropriation measure is largely grounded upon the
circumstances that in two places therein the word ^appro-
priate" appears. A§ demonstrative of legislative intent
it may be mentioned that the subtitle 0! the amended
GOVERNOR PHIL M. DONNELLY 185
section of the income tax law, which constitutes the body
of the new legislation, is: "Allocation of Revenue." In
the first instance of its use in the act, the legislature
couples the word "appropriate'* and the words "set aside"
as if they were synonymous. That the word "appro-
priate" is one of its ordinary proper definitions, means
"set aside" or "allocate" is clear. Webster's New Inter-
national Dictionary, Second Edition; 6 C. J. S., Appro-
priate, p. 121. When the purpose and object of the bill
are considered, the use of the word "appropriate", in the
sense indicated, cannot be said to import to the act the
classification of an appropriation measure, but rather
stamps it as one for the allocation of revenue, which we
conclude it is.'
"What was said in the case above is especially apropos
to the question at hand. It will be noticed that Senate Com-
mittee Substitute for House Bill No. 15 and House Bill No.
1026 both provide that the money will be transfered and set
apart to the fund. Furthermore, the title to Senate Com-
mitee Substitute for House Bill No. 15 reads as follows:
To appropriate, transfer and set apart money from the
general revenue fund, to the Missouri Postwar Reserve
Fund, with an emergency clause/
"We believe that it is obvious that the Legislature in
using the word appropriate meant it to be synonymous with
the other words in the act, that is, transfer and set apart. In
view of the above authorities it would appear that Senate
Committee Substitute for House Bill No. 15 and House Bill
No. 1026 are not appropriation acts but merely laws provid-
ing for the transfer of moneys from one fund to another. As
general laws providing for the transfer of moneys from one
fund to another they do not come within the prohibition of
Section 23, Article IV, of the Constitution of Missouri which
provides that, 'the General Assembly shall make appropria-
tions for one or two fiscal years/ The moneys remain in stich
fund until their status is changed by a subsequent Legislature
in passing a law, either transferring or abolishing said fund.
As was pointed out in State v. ex reL Fath v. Henderson*
supra*
186 MESSAGES AND PROCLAMATIONS OF
*. . . Let it be freely admitted that one General Assem-
bly can not tie the hands of its successor, and that although
this tax is set apart into a special fund, it still belongs to
the State. , . .'
"In view of the holding that the transferring of funds by
Senate Committee Substitute for House Bill No. 15 and House
Bill No. 1026 are not appropriation acts, a serious question
arises as to the constitutionality of the transfer in House Bill
No. 1026.
"Section 23, Article III, of the Constitution of Missouri
1945, provides:
*No bill shall contain more than one subject which shall
be clearly expressed in its title, except bills enacted under
the third exception in section 37 of this article and general
appropriation bills, which may embrace the various sub-
jects and accounts for which moneys are appropriated/
"Section 37, mentioned in the above provision relates to
the payment of interest upon state bonds and is not appli-
cable to the question under discussion*
"As stated above, the act appropriating thirty million
dollars ($30,000,000.00) to the Postwar Reserve Fund is Sec-
tion 9.341 of House Bill No. 1026. The title to House Bill
No. 1026 is as follows;
'Appropriating money for the support of the Stato Gov-
ernment for payment of certain contingent and incidental
expenses of the State Government* for the period begin-
ning July 1, 1946, and ending June 30, 1947; and to appro-
priate money for the payment of various forms of relief;
for the several departments of the State Government,
several boards, bureaus, and commissions and state offi-
cers, and persons, firms and corporations for the payment
of which the state may be liabJe, and appropriating funds
for other purposes for the period beginning July lf 1940f
and ending June 30, 1947, and prior years/
HIt is well settled in this state that legislation of a general
character cannot be included in an appropriation bill State
ex rel. v. Smith, 75 S. W* (2d) 828; State e% ret Guinea v* Can-
ada, 113 S. W. (2d) 783, 342 Mo, 121. Therefore, whin the
GOVERNOR PHIL M. DONNELLY 187
Legislature transferred thirty million dollars ($30,000,000.00)
from the general revenue to the Postwar Reserve Fund, in an
appropriation act it rendered such transfer unconstitutional
and void.
"It is, therefore, my conclusion that Senate Committee
Substitute for House Bill No. 15 of the 63rd General Assembly,
which transfers eighteen million dollars ($18,000,000.00) from
the genera] revenue to the Postwar Reserve Fund, is not an
appropriation bill but is a general statute transferring money
from one fund in the State Treasury to another. It is further
my opinion that Section 9.341, House Bill No. 1026 of the
63rd General Assembly, which transfers thirty million dollars
($30,000,000.00) from the genera) revenue to the Postwar
Reserve Fund, is unconstitutional because it is legislation of
a general character included in an appropriation bill, contrary
to Section 23, Article III of the Constitution of Missouri 1945."
I concur in the opinion of the Attorney General.
For the reasons above set forth I hereby veto and dis-
allow the $30,000,000,00 mentioned in Section 9.341.
I suggest that if additional funds are to be transferred
to the Missouri Postwar Reserve Fund that it be done by an
act of the legislature for that specific purpose, as was done by
Senate Committee Substitute for House Bill No, 15.
VL
Section 9.350, There is hereby appropriated out of the
State Treasury, chargeable to the General Revenue fund
the sum of Fifty Thousand Dollars ($50,000.00) to the
Conservation Commission of Missouri for fire protection
to the forests of Missouri and the sum of Two Hundred
Thousand Dollars ($200,000*00) to create a revolving fund
pursuant to the provisions of House Bill No, 1006*
I approve the appropriation of $50,000*00 to the Con*
servation Commission of Missouri for fire protection, to the
forests of Missouri- I am vetoing the sum of $200,000,00 to
create a revolving fund pursuant to the provisions of House
Bill No- 1006, as set forth in lines 6 to 8, inclusive, of Section
9*350* This sum is vetoed for the reason that it violates the
provisions of Section 23, Article IV of the Constitution of
1945* which requires:
188 MESSAGES AND PROCLAMATIONS OF
". . . Every appropriation law shall distinctly specify
the amount and purpose of the appropriation without
reference to any other law to fix the amount or purpose."
It is not clear that the sum of 1200,000.00 is to be appropriated
to the Conservation Commission. That part is very indefinite.
The provision "to create a revolving fund pursuant to the pro-
visions of House Bill No. 1006'' refers to another law to fix
the purpose of the appropriation. This is in direct conflict
with Section 23, Article IV of the Constitution of Missouri,
For this reason said sum of $200,000.00 is vetoed.
On 'August 21, 1946, I approved said House Bill No. 1026
as to all items and portions of items thereof, except the items
and portions of items which are, as in this message above
stated, returned without my approval.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
NOVKMBEE 9, 1946
From th& Journal of th$ Home of R®pr&8$ntativ&8f pp.
Qmcis, STATE OF MXBSQUEI, 'jttmsaoH Cn%
November #» 1940*
To the Secretary of State of the State of Missouri:
Sir; I hand you herewith, with my veto and without
my approval, Senate Substitute for House Committee Sub-
stitute for House Bill No, 838f entitled:
**AN ACT
l4To repeal Seetioas 3226 to 3232, both inclusive.
Chapter 15* Rawed Statutes of Missouri, 1930, relating
to interest* and to eaaet seveateea new sections in lieu
thereof, relating to interest mad other charges which may
GOVERNOR PHIL M. DONNELLY 189
be charged, contracted for and received ; providing for an
interest code applicable generally and to all lenders and
creditors without regard to the type or classification of
their business; providing methods of charging and collect-
ing interest and requiring refund of unearned interest
collected on certain types of loans; requiring a statement
of the loan and its terms and conditions to be given in
connection with the making of certain types of loans; regu-
lating the advertising of lenders; requiring return of papers
upon payment of certain loans; declaring and providing
payment of three hundred dollars or less in money, credit,
goods or things in action as consideration for any sale,
assignment or order for the payment of wages, salaries,
commissions or compensation, for services earned or to
be earned, to be a loan for the purposes of the provisions
of this act; declaring that this act shall not affect con-
tracts entered into prior to the effective date of this act;
providing penalties for the violation of any of the pro-
visions of this act and repealing all laws or parts of laws
in conflict therewith, to be known as Sections 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18."
In discussing Senate Substitute for House Committee Sub-
stitute for House Bill No* 838 it will be referred to as House
Bill No. 838.
House Bill No, 838 repeals Sections 3226 to 3232, inclu-
sive, Chapter 15, Revised Statutes of Missouri, 1939, relating
to interest and enacts seventeen new sections in lieu thereof
relating to interest and other matters.
Under the law as it exists now the maximum rate of
interest which may be charged on any loan is eight per cent
per annum simple interest (Section 3227, Revised Statutes of
Missouri, 1939). This bill reenacts that maximum rate in
Section 9, However, the bill classifies four types of loans up-
on which a greater rate is permitted. These special types of
loans are as follows:
1. Section 3 of the bill allows two per cent per month
to be charged upon a loan which is secured by a pledge of
tangible personal property, actual possession of which is de-
livered to the lender under an agreement that if the loan is
190 MESSAGES AND PROCLAMATIONS OF
not paid the unqualified title is to pass to the lender. This
is the ordinary type of loan that is made by a pawnbroker.
2. Section 4 of the bill provides that upon loans evi-
denced by a note payable in one payment and which, in addi-
tion to such other security as may be given, other than a mort-
gage or deed of trust on real estate, is secured by the "pledge
or assignment of the written obligation of the lender to pay
a sum certain in money to the borrower at a fixed date upon
the borrower having paid to the lender the full purchase price
of the same/* The rate of interest to not exceed ten per cent
per annum taken, in advance as discount. This type of loan
is one that is usually made by loan and investment com-
panies who sell investment certificates to borrowers, which
certificates are in turn pledged back to the lender to secure
the payment of the note.
3. Section 5 of the bill makes a separate classification
of loans in the amount of one thousand dollars or less evidenced
by a promissory note which is unsecured or secured by per-
sonal property of any kind and the interest is to be paid only
as earned and is computed monthly on the unpaid balances*
The ratesf allowed to be charged upon such loans are as follows:
Two and one-fourth per cent per month on that part of
the unpaid principal balance not exceeding one hundred
dollars-
Two per cent per month on that part of the unpaid prin*
cipal balance exceeding one hundred dollars but not ex-
ceeding three hundred dollars*
Two-thirds of one per cent per month on that part of
the unpaid principal balance exceeding three hundred
dollars but not exceeding one thousand dollars*
This type of loan is the same as that made heretofore by the
small loan companies,
4* Section 6 of the bill makes a separate classification of
installment loans* Interest charged is taken in advance as
discount. Said loans may be unsecured or secured by a
pledge or assignment of or mortgage or other lieu on personal
property of any kind* Upon such type of lotus six ptr cent
discount per annum on that part of the entire principal amount
borrowed not exceeding out thousand dollars and four per
GOVERNOR PHIL M. DONNELLY 191
cent discount per annum on that part of the entire principal
amount borrowed exceeding one thousand dollars may be
charged. These rates may be charged notwithstanding the
reduction of the unpaid principal amount by the payment of
installments from time to time.
Is House Bill No. 838 in conflict with Section 44, Article
III of the Constitution of Missouri, 1945?
Said section is as follows:
* 'Section 44. No law shall be valid fixing rates of interest
or return for the loan or use of money, or the service or
other charges made or imposed in connection therewith,
for any particular group or class engaged in lending money.
The rates of interest fixed by law shall be applicable gen-
erally and to all lenders without regard to the type or
classification of their business.'*
The above section does three things:
a. It renders invalid any law which fixes a rate of interest
or rate for any particular group or class engaged in lending
money,
b. It renders invalid any law which fixes, that is, permits
a rate for the service or other charges which may be charged
any particular group or class engaged in lending money.
c. It requires that the rates of interest fixed shall be appli-
cable generally and to all lenders without regard to the type
or classification of their business.
By virtue of Section 44, Article III of the Constitution
of Missouri, 1945, many laws fixing rates of interest for var-
ious classes of lenders, namely, small loan laws, loan and in-
vestment laws, etc*, became invalid July 1, 1946*
The framers of the Constitution in adopting Section 44,
Article III of the Constitution of 1945 were dealing only with
the question of interest rates. It evidently was the intention
of the framers of the Constitution to limit the power of the
legislature in the fixing of interest rates to prohibit the enact-
ment of different rates for different businesses. That inten-
tion is well shown in the debates in the Convention on that
subject.
192 MESSAGES AND PROCLAMATIONS OF
The record of the proceedings of the Constitutional Con-
vention, beginning on page 908 shows that Senator Allen
McReynolds offered on page 909 of the record an amendment
on the question of interest already before the Convention.
Senator McReynolds' amendment was to complete what now
constitutes said Section 44, Article III as finally adopted. The
following is a quotation from page 909:
"Mr. McReynolds: My amendment will destroy every
single classification of any kind and will put everybody
loaning money on a common plan. Our whole trouble
today is that we set up these special classifications and
give them special benefits because of alleged conditions
that prevail in the class. Now, my theory is that if you
wipe out classifications so that they are on a common
level, then you find yourself back to your fixed interest
rates that have been, in, our statutes for sixty or seventy
years and these, all of these group rates built around a
special classification must disappear under the Consti-
tutional amendment. * „ ."
In Volume 11, American Jurisprudence, page 674, et seq,»
the following is stated with respect to construction of Con-
stitutions:
" The fundamental principle of constitutional construe*
tion is to give effect to the intent of the framera of the
organic law and of the people adopting it. A constitu-
tional clause must be construed reasonably to carry out
the intention of the framers, which gives rise to the
corollary that it should not be construed so as to defeat
the obvious intent $ another construction equally in
accordance with the words and sense may be adopted
which will enforce and carry out the intent* The intent
must be gathered from both the letter and spirit of the
document*
** *It has been very appropriately stated that the polestar
in the construction of Constitutions is the intention of
the makers and adopters.
" 'Wherever the purpose of the framers of a Constitution
k clearly expressed* it will be followed by the courts,
GOVERNOR PHIL M. DONNELLY 193
Even where terms of a constitutional provision are not
entirely free from doubt, they must be interpreted as
nearly as possible in consonance with the objects and pur-
poses in contemplation at the time of their adoption, be-
cause in construing a constitutional provision, its general
scope and object should be considered.' "
If, then, such was the intention of the framers of the Con-
stitution in enacting said Section 44 it must be held to prohibit
different rates of interest from being "fixed" for different
classes and groups such as are contained in the several sec-
tions of House Bill No. 838.
Section 2 of the bill is as follows:
"Section 2. The rates of interest and charges fixed by
this act shall be applicable generally, and to all lenders
without regard to the type or classification of their busi-
ness, and shall be the only interest and charges which
may be made or imposed, or return which may be received,
for the loan or use of money."
Said Section 2 does follow in principle and with much of
the wording of Section 44, Article III of the 1945 Constitution.
However, Section 3 and other following sections of said House
Bill No, 838 contradict the general terms of said Section 2.
Sections 3, 4, 5, and 6 recognize the existence of certain
particular groups or classes engaged in lending money. In
said sections the words "a loan of the type and classification
to which this section applies" is used in all of said sections.
Said sections fix different rates of interest to be charged by
the different groups and classes referred to in said sections.
In fact, said sections actually create particular groups and
classes engaged or to become engaged in lending money and
fix for each, rates of interest different from the rates permitted
to be charged by other classes mentioned in said several sec-
tions, and all other classes created by the separate sections
of the bill and by the bill as a whole. For instance. Section 3
of the bill does not by a specific name designate and create
the particular class or group of lenders known as "pawn-
brokers/1 It does however construct the framework and pro-
cedure for lending money that is the basis of the business of
pawnbrokers. Pawnbrokers constitute the only group or class
194 MESSAGES AND PROCLAMATIONS OF
engaged in lending money which take over the possession of
the property pledged for the loan. In chattel mortgages and
other processes of taking security for the lending of money
on personal property, the title remains in the mortgagor until
condition broken. Not so with the pawnbroker business. In
creating that particular class and type of lenders and fixing a
different rate of interest for them to charge and collect, the
pawnbroker is given immediate title to and custody of the
property pledged for the loan. Said Section 3 is in part as
follows :
"Section 3. A loan of the type and classification to which
this section applies is a loan the payment of which is
secured by the pledge of tangible personal property, actual
possession of which is delivered to and retained without
interruption by the lender himself under the written agree-
ment of the parties that if the loan is not paid pursuant
to the terms of the loan contract, the unqualified title to
the tangible personal property shall be taken, and accepted
by the lender as and in full payment and satisfaction of
the loan, free and clear of any right of redemption in and
by the the borrower and without the necessity for any
foreclosure of the pledge."
In the last paragraph of said Section 3 the rate of interest
fixed by the section may not exceed two per cent per month.
This class engaged in lending money may only be composed
of pawnbrokers.
The succeeding Section 4 of the bill points out another
class and type engaged in or which may become engaged in
lending money, and provides that the class created by said
Section 4 of said bill may charge as a rate fixed by said section
not to exceed ten per cent per annum and such interest shall
be taken in advance as discount. This indicates that the busi-
ness of conducting a pawnbroker business as provided for in
said Section 3 fixes a rate of interest for the loan of money
for a particular group or class different from the class and
group created in said Section 4. The practical effect of said
Section 3 of said bill is to exempt pawnbrokers from general
rates of interest which said Section 44 of said Article III of
the 1945 Constitution requires to be fixed alike generally for
all classes and groups engaged in lending money* It has long
GOVERNOR PHIL M. DONNELLY 195
been recognized before Section 44 of Article III of the 1945
Constitution was adopted and long before any constitutional
question was ever raised to the exemption of some classes
from general rates of interest and usury laws, that Section
15394, Revised Statutes of Missouri, 1939, excepted pawn-
brokers from the general statutes as to usury, because said
Section 15394 permitted pawnbrokers to charge two per cent
per month on loans made by them. This may not be done
now under the provisions of Section 44, Article III of the
1945 Constitution. All classes and groups engaged in lending
money must, under said Section 44, stand upon the same basis
in the fixing of rates of interest they may charge by legislative
authority to make valid any act relating to interest.
When House Bill No. 838 provides that lenders who make
a certain kind of loan, which kind has always been associated
with a certain business, and provides special rates of interest
for this kind of loan, then said bill is creating a special rate
of interest for a type of business.
This creates a special class of money lenders out of pawn-
brokers and allows them a different rate of interest from that
fixed for others in direct conflict with Section 44, Article III
of the 1945 Constitution as well as Section 2 of House Bill
No. 838 itself which declares: "That rates of interest and
charges fixed by this act shall be applicable generally, and to
all lenders without regard to the type or classification of their
business." Said Section 3 provides for a different rate of
interest than that provided for the classes and types in Sec-
tions 4, 5, 6 of House Bill No, 838 and, therefore, is in conflict
with said Section 44, Article III of the 1945 Constitution.
Section 4 of House Bill No. 838 deals with a type and
class of loans which authorize the group or class of persons
engaged in lending money to charge not to exceed ten per
cent per annum, which interest shall be taken, in advance as
discount. The creation of this class under said Section 4, and
a different rate of interest being fixed for such class, different
from the rate fixed in Section 3 for pawnbrokers and different
from the rates fixed in Sections 5 and 6, conflicts directly with
Section 44 of Article III of the 1945 Constitution* Moreover,
this Section 4 excludes from the class of loans, a loan under
a deed of trust or mortgage on real estate and thereby fixes
196 MESSAGES AND PROCLAMATIONS OF
a rate of interest for one class — loans on personal property —
and denies a like rate of interest by excluding them, to real
estate loans.
Section 5 of House Bill No. 838 creates and establishes a
type and classification of loans which correspond with any
small loan business. The author of this section evidently had
in mind Section 8162, Revised Statutes of Missouri, 1939,
which is the interest section of the small loan law. Some of
the same language is used in Section 5 with reference to col-
lecting interest on unpaid balances as is used in Section 8162.
Also, said Section 5 has a breakdown of the maximum amount
which shall not exceed one thousand dollars and provides for
a rate of interest of two and one-fourth per cent per month
on the unpaid principal balance not exceeding one hundred
dollars, two per cent per month on that part of the unpaid
principal balance exceeding one hundred dollars but not ex-
ceeding three hundred dollars and two-thirds of one per cent
per month on that part of the unpaid principal balance exceed-
ing three hundred dollars but not exceeding one thousand
dollars.
This section, in so stating, creates a different class or
group engaged in lending money with several rates of interest
provided for in the same group or class, all in conflict with
the terms of Sections 3 and 4 of said House Bill No. 838 and
also in conflict with Section 44, Article III of the 1945
Constitution.
A cursory reading of Sections 3, 4, and 5 discloses that
the legislature by these sections have put back in business the
same special interest lenders, to wit: The pawnbrokers, Joan
and investment lenders and small loan lenders who were in
existence before the adoption of Section 44, Article III of the
1945 Constitution and in some cases identical conditions and
provisions that they had prior to the adoption of said consti-
tutional provision*
It is a mere play of words to say that a certain class of
money lenders may not have a special rate of interest but
that any person who makes the same loan that was made by
that class may have a special rate.
Section 6 of House Bill No. 838 does not fix a maximum
for the amount of loan to be made by the type and class of
lenders created by said section* It provides that such loan
GOVERNOR PHIL M. DONNELLY 197
may be unsecured or secured by mortgage upon personal
property. Said Section 6 does require that the interest charged
shall be paid in advance as discount with the lender giving
the borrower the option to repay the loan at any time. Said
Section 6 further provides that on all loans of the type and
classification provided in said section "interest may be charged
at a rate not to exceed six per centum discount per annum
on that part of the entire principal amount borrowed not ex-
ceeding one thousand dollars and four per centum discount per
annum on that part of the entire principal amount borrowed
exceeding one thousand dollars for the entire period for which
the loan is made, notwithstanding the reduction of the unpaid
principal amount by the payment of installments from time
to time." The rates fixed by this section are different from
those in Sections 3, 4, and 5 of this bill.
Section 9, like Section 3227, Revised Statutes of Mis-
souri, 1939, does provide for a contract of interest not exceed-
ing eight per cent. However, said Section 9 goes further and
says: "but may not agree for the payment of interest in excess
of eight per centum per annum except as otherwise provided
by this act."
Section 11 shows the infirmities of Sections 3, 4, 5, and 6
and also Section 9 as being in conflict with Section 44, Article
III of the 1945 Constitution. Said Section 11 provides that
the rate of interest permitted in Section 9 of this act (eight
per cent contract interest) shall be observed, "except as pro-
vided with respect to loans of the type and classification set
forth in Sections 3, 4, 5 and 6 of this act." Said Sections 9
and 11 show a definite conflict between each of those sections,
and also Sections 3, 4, 5, and 6 of said bill, and also conflict
with Section 44, Article III of the 1945 Constitution, in that
all of said sections and said act, as a whole, fixes rates of
interest for the loan or use of money for particular groups and
classes engaged in lending money.
It is my opinion that House Bill No. 838 is contrary to
the letter and spirit of Section 44, Article III of the 1945 Con-
stitution and contrary to the expressed intention of the framers
of the 1945 Constitution in enacting said section.
The intention of the framers of the Constitution is ex-
pressed in the following debate which appears on page 905 of
the debates of the Constitutional Convention:
198 MESSAGES AND PROCLAMATIONS OF
"Mr. Julian: You think that this amendment here would
have the effect of lowering the interest rates in Missouri?
"Mr. McReynolds: It is inevitable.
"Mr. Julian: It would force the General Assembly to
lower the interest rate from the thirty and thirty-six per-
cent down?
"Mr. McReynolds: Why, it would destroy that classifi-
cation. It would put them all on a common ground. The
only thing that you could possibly change was the six and
eight which has prevailed in Missouri for sixty years any-
way. In my humble judgment it will never be touched."
The lenders are not put on common ground in House Bill
No. 838 when some are permitted to charge two per cent per
month, some two and one-fourth per cent per month, some ten
per cent per annum which may be taken in advance as dis-
count and some at six per cent discount per annum. That is
why the following sentence was placed in Section 44 of Article
III: "The rates of interest fixed by law shall be applicable
generally and to all lenders without regard to the type or classi-
fication of their business."
If it were the intention of the framers of the Constitution
to lower the interest rates and destroy classifications, then
that should be done but it will not be done by the enactment
of House Bill No. 838. If we are going to put all the lenders
on common ground then we should open the doors to all alike*
That is the intention and spirit of Section 44 of Article II L
I think we should be concerned with the welfare of our citizens
in general rather than with the question of whether or not a
special group can survive if they are not permitted to charge
interest at special and excessive rates.
Section 3 of House Bill No, 838 provides that a loan, the
payment of which is secured by the pledge of tangible personal
property, the actual possession of which is delivered to and
retained without interruption by the lender himself under the
written agreement of the parties that if the loan is not paid
pursuant to the terms of the loan contract, the unqualified
title to the tangible personal property shall be taken and
accepted by the lender as and in full payment and satisfac-
tion of the loan, free and clear of any right of redemption in
GOVERNOR PHIL M. DONKELLY 199
and by the borrower and without the necessity for any fore-
closure of the pledge.
In Section 15395, Revised Statutes of Missouri, 1939,
there is a period of redemption of sixty days. It may be
that this period of sixty days is too long but I certainly think
there should be a period of redemption or some days of grace
in, which a person may have an opportunity to redeem the
property which he has pledged with the pawnbroker. I be-
lieve this provision is too harsh to write into a law in this
particular kind of a loan and for that reason I object to it.
I also object to the excessive rates of interest provided
for in Section 5 of this bill. Loans provided for in this sec-
tion may be secured by a mortgage or lien on personal property.
This is additional security for the lender. A loan under this
section may be for as much as one thousand dollars. For
instance, if the loan was for eight hundred dollars a rate of
interest may be charged on this loan of two and one-fourth
per cent per month on the unpaid principal of one hundred
dollars, two per cent per month on the unpaid principal bal-
ance exceeding one hundred dollars and not exceeding three
hundred dollars, and two-thirds of one per cent per month on
the unpaid principal balance of the loan. The interest to be
computed monthly on unpaid balances. No provision is made
for installment payments in this section as is provided for in
Section 6. We must not lose sight of the fact that during
the period of the loan the borrower is always paying two and
one-fourth per cent on the one hundred dollars and two per
cent on the next two hundred dollars during all the time that
he is paying two-thirds of one per cent per month on the bal-
ance of the loan. I think this rate of interest is excessive and
not justified* The deposits of money in the banks of Mis-
souri are near an all time high- It is generally conceded that
money is cheaper and that loans can be obtained at a less
rate of interest than ever before. In view of this situation
I do not believe there is any justification for the excessive
rates of interest provided for in House Bill No. 838.
For the above reasons I cannot approve this bill.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
200 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
NOVEMBER 9, 1946
From the Journal of the House of Representatives, pp. 4805-480$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
November 9, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without
my approval, Senate Committee Substitute for House Com-
mittee Substitute for House Bill No. 839, entitled:
"AN ACT
"Providing that every person, firm, partnership, and
corporation, both domestic and foreign, now or hereafter
engaged in this state in making loans of money, credit,
goods or things in action, and who, or which, charges,
contracts for, or receives a greater rate of interest than 8
per centum per annum therefor under any law now or
hereafter in effect authorizing such type or classification
of loan shall be subject to the supervisory jurisdiction of
the Commissioner of Finance, or such agency, or agen-
cies, as may exercise the powers and duties now or here-
inafter performed by such Commissioner hereinafter desig-
nated as the Commissioner for the purposes of this act*
shall register and obtain a Certificate of Registration
before engaging in the business of making such loans;
providing for the application and registration fee to be
paid; providing for bond by the applicant; providing for
the issuance of the Certificate, where to be posted; pro-
viding for the suspension, revocation, or forfeiture of the
Certificate of Registration; requiring the Registrant to
obtain a certificate for each place of business; prohibiting
the Registrant from assigning such Certificate of Regis-
tration; providing for the powers and duties of the Com-
missioner of Finance or such agency as may exercise the
powers and duties now performed by such Commissioner;
GOVERNOR PHIL M. DONNELLY 201
authorizing such Commissioner of Finance or such agency
as may exercise the powers and duties now performed
by such Commissioner to make rules and regulations for
the purpose of carrying out the provisions of this act;
providing for the enforcement of the laws of the State of
Missouri relating to interest, usury, and the assignment or
sale of wages, salaries or other compensation; providing
that the registrant shall keep books and records in the
place of business and make and file reports and be ex-
amined; prescribing a definition of terms; authorizing
such Commissioner, his deputies and examiners, to inves-
tigate or examine the business affairs and loans of any
lender to which this act applies; providing that certain
charges, supervision and examinations provided for in
other statutes shall be in lieu of the fees, examinations
and reports required by this act; providing for penalties
for the violation of any of the provisions of this act; pro-
viding that all laws or parts of laws in conflict with the
provisions of this act are hereby repealed with an emer-
gency clause."
Senate Committee Substitute for House Committee
statute for House Bill No. 839 is a companion bill to Senate
Substitute for House Committee Substitute for House Bill
No, 838. In view of the fact that I vetoed Senate Substitute
for House Committee Substitute for House Bill No. 838, Sen-
ate Committee Substitute for House Committee Substitute for
House Bill No. 839 is also vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
202 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 26, 1947
From the Journal of the Senate, pp. S31-8S2
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 26, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 23, entitled:
"AN ACT
"To repeal Sections 3, 6 and 14 of an Act of the
Sixty-second General Assembly of Missouri, approved
July 20, 1943, appearing in the Laws of Missouri of 1943
on pages 585 to 591, both inclusive, relating to all bever-
ages or soft drinks, and to enact in lieu thereof three new
sections, relating to the same subject matter, to be known
as Sections 3, 6 and 14."
This is a revision bill. The intention of the General
Assembly evidently was to bring the sections referred to in
this bill up to date, in order to conform to the law pertaining
to the new Department of Revenue. As this bill also per-
tains to other departments, the titles of which have been
changed by other bills, we should include in this bill all revi-
sions that are necessary instead of doing it by piecemeal
In Section 6, of Senate Bill No, 23, lines 2 and 3, ref-
erence is made to the "State Board of Health of Missouri/'
The State Board of Health was abolished and discontinued
by Senate Bill No. 349 of the Sixty-third General Assembly.
Said Senate Bill No. 349 created a Department of Public
Health and Welfare and provided for a Division of Health
within this department. As Senate Bill No* 23 is a later enact-
ment and, therefore, in order to avoid confusion the words
"State Board of Health of Missouri1* should be stricken out
and there should be inserted in lieu thereof the "Division of
Health of the Department of Public Health and Welfare/*
GOVERNOR PHIL M. DONNELLY 203
This same correction should be made in Section 14, lines 1 and
5 of said Senate Bill No. 23.
The words "State Board of Health" as used in Sections
6 and 14 of Senate Bill No. 23 would conflict with Section 24
of Senate Bill No. 349 of the Sixty-third General Assembly
because Section 24 states "the division of health shall have
the power and duty to administer all laws, orders and findings
pertaining to inspection of beverages . . . ." In other
words, Senate Bill No. 23 should conform to the provisions
of Senate Bill No. 349 of the Sixty-third General Assembly.
In said Section 6 of Senate Bill No. 23, in line 8, there
should be a comma "," after the word "railroad."
In Section 3, page 2, line 17, reference is made to the
"Division of Collection." If this bill is re-written it should
read "Division of Collection in the Department of Revenue"
the same as appears in Section 14, page 3, lines 6 and 7. In
other words, Division of Collection in Section 3 could be con-
strued to mean, a Division of Collection in the Department of
Public Health and Welfare.
In this connection I wish to call attention to the fact
that a number of revision, bills have been enacted, and which
I have approved at this session of the General Assembly, pro-
viding that taxes, fees, and moneys due the State shall be
paid to the State Collector of Revenue while Senate Bill No.
23 provides that fees shall be paid to the Division of Collec-
tion in the Department of Revenue.
Section 9 of Senate Committee Substitute for Senate Bill
No. 297 enacted by the Sixty-third General Assembly pro-
vides that "The division of collection shall collect all taxes,
licenses and fees payable to the state . . . „" Said Sec-
tion 9 also provides "all money payable to the state, including
gilts, escheats, penalties, federal funds and money from every
other source payable to the state shall be promptly transmitted
to the division of collection, * „ . ,"
I think there should be uniformity in the revision of these
bills and it occurs to me that if other bills are going to be
introduced for the purpose of correcting statutes pertaining
to the Revenue Department that the same designation should
be made each time. ReSpectfuuy submitted,
PHIL M* DONNELLY,
Governor.
204 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUABY 26, 1947
From the Journal of the Senate, p. SSS
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 26, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 36, entitled:
"AN ACT
"To repeal Sections 8, 101 and 117 of an Act of the
Sixty-second General Assembly of Missouri, approved
August 6, 1943, appearing in the Laws of Missouri of
1943 on Pages 410 to 491, both inclusive, relating gen-
erally to the organization, powers, duties, liabilities and
matters of practice of corporations, and to manufactur-
ing and business companies, and to enact in lieu thereof
three new sections, relating to the same subject matter,
to be known as Sections 8, 101 and 117."
Senate Bill No. 36, repeals and reenacts certain sections
including Section 101 of an Act of the Sixty-second General
Assembly of Missouri, approved August 6, 1943, Laws of Mis-
souri, 1943, pages 410 to 491, inclusive. This same Section
101 of the above mentioned act of the Sixty-second General
Assembly was repealed and reenacted by House Committee
Substitute for House Bill No, 511 of the Sixty-third General
Assembly. A number of changes were made in said Section
101 by House Committee Substitute for House Bill No. 51 L
If Section 101 is to be amended it should be Section 101 of
the Act of the Sixty-third General Assembly as this is the
latest act. In view of this situation Senate Bill No. 36 should
not be enacted into law.
I call attention to the fact that in Section 8, page 2» line
19, and also Section 101, page 3, linfcs 33 and 34, and Section
117, page 4, line 5, reference is made to the payment of fee$
GOVERNOR PHIL M. DONNELLY 205
to the Director of Revenue. In my veto message of Senate
Bill No. 23 of the Sixty-fourth General Assembly I suggested
that there should be uniformity in referring to the Depart-
ment of Revenue. In Senate Bill No. 36 payment is to be
made to the Director of Revenue, in other bills to the State
Collector of Revenue and in others to the Division of Collec-
tion. If an officer is to be designated to collect the fees I
think it should be the State Collector of Revenue and not the
Director of Revenue, otherwise it should be the Division of
Collection of the Department of Revenue. This would more
nearly conform to the provisions of Senate Committee Sub-
stitute for Senate Bill No. 297.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FfcBBUABY 26, 1947
From the Journal of the Senate, p. SS4
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON CITY,
February 26, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval. Senate Bill No, 39, entitled :
"AN ACT
"To repeal Section 5135, Article 2, Chapter 33 of the
Revised Statutes of Missouri of 1939, relating to the arti-
cles of association of railroad corporations and to enact
in lieu thereof a new section relating to the same subject
matter to be known as Section 5135,"
206 MESSAGES AND PROCLAMATIONS OF
There is an omission in Section 5135, page 2, line 20,
that requires the veto of this bill. In said line the words
"fifty dollars," after the word "Revenue" and before the word
"for," are omitted. The words "fifty dollars" are in Section
5135, Revised Statutes of Missouri, 1939. The proviso in
this bill is unworkable and meaningless unless the words fifty
dollars or some other amount is inserted in line 20 after the
word "Revenue" and before the word "for."
The original bill omitted these words and it was not cor-
rected in its passage through the two Houses.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
FfeBRUARY 26, 1947
From the Journal of the Senate, pp. 347-348
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 26, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval Senate Bill No, 24, entitled:
"AN ACT
"To repeal Sections 14917 and 14931 of the Revised
Statutes of Missouri of 1939, relating to public auc-
tioneers; and to enact in lieu thereof two new sections
relating to the same subject to be known as Sections 14917
and 14931,"
This is a revision bill and attempts to amend Sections
14917 and 14931, Revised Statutes of Missouri, 1939, to make
them conform to the law pertaining to the Department of
Revenue.
GOVEBNOR PHIL M. DONNELLY 207
In Section 14917, lines 6 and 7, the words "state collector
of revenue" are inserted in lieu of the words ' 'state auditor"
which now appear in said section of the 1939 Statutes. In
Section 14931, lines 3 and 4, the words "state collector of reve-
nue" are inserted in lieu of the words "state auditor" and
"auditor" which appear in Section 14931 of the 1939 Statutes.
It is my opinion that the word "comptroller" should be
used instead of the words "state collector of revenue" for the
reason that Section 38 of Senate Committee Substitute for
Senate Bill No. 297 of the Sixty-third General Assembly pro-
vides "The comptroller shall keep an account of all debits
and credits between the state and the United States, or any
officer or person or persons, partnerships, associations or cor-
porations with whom the state may have dealings . . . ."
Said Section 14917 of Senate Bill No. 24 is definitely a book-
keeping or record section and not a collection section, and the
comptroller should keep this record instead of the State Col-
lector of Revenue.
In fact, instead of trying to amend that part of Sections
14917 and 14931 pertaining to the certification, and charging
to collector with the amount rendered, said part of said sec-
tions should be repealed outright. Inquiry at the State Au-
ditor's office reveals the fact that no money ever has been paid
to the State of Missouri by reason of the provisions contained
in Chapter 116, Revised Statutes of Missouri, 1939, pertain-
ing to public auctioneers. No doubt one of the reasons for
this is because Section 14927, Revised Statutes of Missouri,
1939, declares what sales of property at auction shall be free
of duty, which section includes practically every kind of real
and personal property that is sold at public auction.
Attention should also be called to the fact that the license
referred to in this chapter is a county license and not a State
license and the only part that the State is to receive is the
duty provided for in Section 14924, Revised Statutes of Mis-
souri, 1939, and as above stated, this duty does not apply to
sales of property at auction which are free of duty.
I think Senate Bill No. 24 would have no effect other than
to clutter up the statutes with another bill that is inoperative,
It is my opinion that instead of trying to revise Sections 14917
and 14931, Revised Statutes of Missouri, 1939, that the -entire
208 MESSAGES AND PROCLAMATIONS OF
Chapter 116, relating to public auctioneers, should be revised
and brought up to date.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 17, 1947
From the Journal of the Senate, pp. 407-608
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 17, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 56, entitled:
"AN ACT
"To repeal Section 9098, Article 5, Chapter 48 of the
Revised Statutes of Missouri of 1939, relating to the earn-
ing fund and revolving fund of the Missouri State Peni-
tentiary, and to enact in lieu thereof one new section,
relating to the same subject matter, to be known as
Section 9098."
This is a revision bill. The intention of the General Assem-
bly evidently was to revise Section 9098 to make it comply
with the provisions of the new Revenue Department-
However, since the section is to be revised it should be
brought up to date in, every particular and not just a part of
the section. For instance, on page 2 of Section 9098, lines 8f
12, 22, 25, and 26, the words "said board," "prison board"
or "the board" are referred to, This has reference to the old
Board of Penal Commissioners which was known as the Com*
missioners of the Department of Penal Institutions- This
GOVERNOR PHIL M. DONNELLY 209
board or commission was abolished and discontinued by Sen-
ate Committee Substitute for Senate Bill No. 347 of the Sixty-
third General Assembly and all of the duties and powers of
said board were vested in the Department of Corrections, to
be administered by the Director of the Department of
Corrections.
If Senate Bill No. 56 had not been introduced and if no
change had been made in Section 9098, then the reference to
the board in Section 9098 would be governed by the provisions
of Section 1 of Senate Committee Substitute for Senate Bill
No. 347 and would be so construed. However, if Senate Bill
No. 56 were enacted, the use of the word "board" would be
erroneous and confusing because it is a later act and is recog-
nizing a board that has been abolished.
Since this is a revision bill, I think we should revise the
entire section and not just a part of it.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 17, 1947
From the Journal of the Senate, pp. 408-409
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 17, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 57, entitled:
"AN ACT
"To repeal Sections 621, 622, 623, 624, 632, 634, 640
and 641 of Article I, Chapter 3 of the Revised Statutes
of Missouri, 1939, relating to escheats, and to enact in
lieu thereof eight new sections to be known as Sections
621, 622, 623, 624, 632, 634, 640 and 641."
210 MESSAGES AND PROCLAMATIONS OF
Sections 632, 634 and 641, Revised Statutes of Missouri,
1939, are included in Senate Bill No. 57.
This bill passed the Senate, according to the journal, on
January 28, 1947. On the day before, January 27, 1947, the
Senate passed Senate Bill No. 17, which repealed and reenacted
these same Sections 632, 634, and 641.
The wording of Section 632 of Senate Bill No. 17 is prac-
tically the same as the wording of Section 632 of Senate Bill
No. 57, except that in Senate Bill No. 17, commencing in line
4 of said section, it states: "The comptroller shall, when such
certificate of the clerk is filed in his office, certify the claim
to the state auditor, who shall issue a warrant therefor on the
state treasurer . . . ," while Section 632 of Senate Bill No.
57 states: 'The state comptroller shall, when such certificate
of the clerk is filed in his office, approve for issuance a warrant
therefor on the state treasurer . . . ."
In other words, in Senate Bill No. 17, the claim is certi-
fied to the State Auditor, while in Senate Bill No. 57 no ref-
erence is made to the State Auditor.
In Section 634 of Senate Bill No. 57, in line 4, the record
and process referred to shall be deposited in the office of the
State Comptroller, while in Section 634 of Senate Bill No. 17
the record and process shall be deposited in the office of the
Director of Revenue.
In Section 641 of Senate Bill No. 57, it states that the
Comptroller shall keep just and accurate account of all money
paid to the State Collector of Revenue, while Section 641 of
Senate Bill No. 17 states that the Comptroller shall keep just
and accurate account of all money paid into the State Treasury.
If Senate Bill No. 57 were approved we would have a
situation where three sections of the statutes, to wit; Sec-
tions 632, 634, and 641, were repealed and reenacted at the
same session of the General Assembly and in fact within one
day of each other in the Senate, the provisions of each being
different which, in my opinion, would cause endless confusion,
No reference is made in Senate Bill No. 57 to the same sec-
tions in Senate Bill No. 17.
If the other sections in Senate Bill No, 57 are to be re-
vised, I think the safer plan would be to include them in a
new bill and if Sections 632, 634, and 641 are to be changed
GOVERNOR PHIL M. DONNELLY 211
in any way from their present wording in Senate Bill No. 17
they, also, can be included in a new bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MABCH 17, 1947
From the Journal of the Senate, pp. 409-410
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 17, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 59, entitled:
"AN ACT
"To repeal Sections 9954 and 9955 of the Revised
Statutes of Missouri of 1939, relating to inspection of
hotels, inns, boarding houses, tourist camps and resorts
and to enact in lieu thereof two new sections relating to
the same subject matter to be known as Sections 9954
and 9955."
In Sections 9955, lines 1, 13, 14, and 21, reference is made
to the State Board of Health and the Secretary of the State
Board of Health.
The State Board of Health was abolished and discontinued
by Senate Bill No. 349 of the Sixty-third General Assembly
and all the powers and duties of the State Board of Health
were vested in and to be administered through the Depart-
ment of Public Health and Welfare. There is no Secretary
of the State Board of Health but there is a Director of the
Division of Health,
212 MESSAGES AND PROCLAMATIONS OF
If no change were made in Section 9955, the terms "State
Board of Health" and "Secretary of the State Board of
Health" would be governed by Section 23 of Senate Bill No.
349 of the Sixty-third General Assembly which provides:
"Section 23. All powers and duties heretofore exercised
by the state board of health pertaining to inspection of hotels,
inns and boarding houses, shall be exercised by the division
of health and may be delegated by the director of the division
of health to a deputy who may be the deputy of food and drug
administration and who, under the director, shall be chiefly
responsible for the administration of laws, orders and findings
relating to the inspection of hotels, inns and boarding houses."
However, as Senate Bill No. 59 is a revision bill and is
intended to bring the section up to date, we should use cor-
rect titles and where the words "State Board of Health" are
referred to they should be the "Division of Health in the
Department of Public Health and Welfare."
For these reasons this bill is vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
MARCH 17, 1947
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON Cm;
March 17, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 62, entitled:
GOVERNOR PHIL M. DONNELLY 213
"AN ACT
"To repeal Sections 9908 and 9914 of Article 4, Chap-
ter 58 of the Revised Statutes of Missouri of 1939, relat-
ing to egg license fees, and to enact in lieu thereof two
new sections, relating to the same subject matter, to be
known as Sections 9908 and 9914."
This is a revision bill The intention of the General
Assembly evidently was to bring the sections referred to in
this bill up to date in order to conform to the law pertaining
to the new Department of Revenue.
However, in order to correctly revise the bill and bring
it up to date the reference to the State Food and Drug Com-
missioner on page 2, Section 9908, lines 7 and 8, and also in
Section 9914, lines 7, 8, 9, 15, 20, and 21 should be stricken
out and the proper reference to the Department of Public
Health and Welfare inserted in lieu thereof.
In other words, the office of Food and Drug Commissioner
was abolished in 1933 and the duties transferred to the State
Board of Health. The State Board of Health was abolished
and discontinued by Senate Bill No. 349 of the 63rd General
Assembly and all the powers and duties of the State Board
of Health were vested in and to be administered through the
Department of Public Health and Welfare. Section 23 of
Senate Bill No, 349 provides in substance that all powers and
duties heretofore exercised by the State Board of Health per-
taining to the inspection of hotels, inns, and boarding houses
shall be exercised by the Division of Health and may be dele-
gated by the director to a deputy who may be the deputy of
food and drug administration, etc. In other words, if we are
going to revise these sections as to one department, to-wit,
the Revenue Department, we should also revise them as to
all other departments which are affected. This will avoid
confusion in trying to interpret and construe the latest acts
of the General Assembly*
Respectfully submitted,
PHIL M* DONNELLY,
Governor,
214 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 17, 1947
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 17, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 1, entitled:
"AN ACT
"To provide for the appointment of six supreme court
commissioners, declaring them to be judicial officers, pre-
scribing their qualifications, the manner of their appoint-
ment, and their duties, and fixing their tenure, retirement
and compensation, with an emergency clause."
In lines 11 to 22, inclusive, Section 1, page 1, there is
the following provision:
"Such commissioners are hereby declared to be judges
and judicial officers within the meaning of and subject to
the provisions of Article V of the Constitution of Missouri
and all laws enacted pursuant thereto and shall receive
the same salary and compensation, payable in the same
manner, as is now or hereafter provided by law to be
paid to and received by the judges of the Supreme Court.
If any commissioner die, resign, be removed, or be retired
under the Constitution and laws relating thereto, the
vacancy so created shall be filled by appointment by said
court in the manner herein provided for the appointment
of original commissioners; . * ."
A part of this section is new matter and has not been con-
tained in any other bill pertaining to the appointment of com-
missioners of the Supreme Court.
Said Section 1 of Senate Bill No, 1 provides that the
Supreme Court commissioners are to be judges within the
GOVERNOR PHIL M. DONNELLY 215
meaning of and subject to the provisions of Article V of the
Constitution of Missouri. In other words, these commis-
sioners are to be on the same level as the regular judges of
the Supreme Court. Section 2 of Article V of the 1945 Con-
stitution limits the number of judges on the Supreme Court
to seven. This section reads in part, "It (the court) shall be
composed of seven judges . . . ." If the six Supreme Court
commissioners were declared to be judges, the number of judges
on the court would then, be raised to thirteen in direct viola-
tion of the limitation imposed by the Constitution. The very
word "judge" contemplates a person elected by the people or
selected under the non-partisan court plan rather than the
person who is appointed by a court to assist that court in its
judicial duties.
It is also provided in Section 1 of Senate Bill No. 1 that
other commissioners may be appointed "if any commissioner
die, resign, be removed, or be retired under the Constitution
and laws relating thereto." That clause indicates that the
commissioners are to be retired under the Constitution and,
therefore, is entirely inconsistent with Section 27 of Article V
of the 1945 Constitution. Said Section 27 is as follows:
"Section 27. Any judge of a court of record or magis-
trate who is unable to discharge the duties of his office
with efficiency by reason of continued sickness or phy-
sical or mental infirmity shall be retired from the office
by order of a committee composed of three judges of the
supreme court, one judge of each of the courts of appeals,
and three circuit judges, elected by the judges of the
respective courts, after notice and a fair hearing and on
a finding of two-thirds of the committee that the dis-
ability is permanent. The judge so retired shall receive
one-half his regular compensation until the end of his
term of office. The supreme court shall prescribe rules
of procedure under this section,"
The corresponding section in the 1875 Constitution provided
for the outright removal of the judges because of their inability
and required a two-thirds vote of each House of the General
Assembly and the approval of the Governor for such removal-
The debates of the Constitutional Convention which
framed the 1945 Constitution show that the general belief of
216 MESSAGES AND PROCLAMATIONS OF
the delegates of that Convention was that the old method of
removal was too cumbersome and should be changed.
These debates also disclose that the primary purpose of
this provision was to provide a means of removing judges from
the bench because of their inability to perform their judicial
duties. There was no discussion in the debates to the effect
that this section was to provide a retirement plan for the
judges except, of course, as an incident of their removal.
The commissioners are appointed by the Supreme Court
and can be removed by the Supreme Court of its own motion.
The commissioners were not included in Section 27, Article V
of the Constitution. I think there is no question but what
Section 27 of Article V of the 1945 Constitution did not con-
template the inclusion of Supreme Court commissioners under
its provisions. The attempt in Section 1 of Senate Bill No. 1
to provide that Supreme Court commissioners may be retired
under the provisions of Article V of the Constitution is incon-
sistent with the provisions of said Section 27 of Article V, It
is my opinion that Senate Bill No. 1 conflicts with Sections 2
and 27 of Article V of the Constitution and is unconstitutional
I also call attention to the fact that Senate Bill No, %
of the Sixty-fourth General Assembly, providing for the
appointment of commissioners for the St» Louis Court of
Appeals, does not have a retirement provision, I have this
day approved Senate Bill No. 2. If the above provision in
Senate Bill No. 1 were constitutional then it should have been
included in Senate Bill No. 2, and also the bill providing for
the appointment of the commissioners of the Kansas City
Court of Appeals, so that the commissioners of all the appellate
courts would be on an equal basis.
For the above reasons I have vetoed this bill
Respectfully submitted,
PHIL M- DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 217
TO THE SENATE
MARCH 18, 1947
From the Journal af the Senate, pp. 488-483
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 18, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 48, entitled:
"AN ACT
"To repeal Section 14303-d of an Act of the Sixty-
first General Assembly of Missouri, approved June 28,
1941, providing for an apple merchandising fund, appear-
ing in Laws of Missouri of 1941 on pages 305 to 310, both
inclusive, and to enact in lieu thereof a new section, relat-
ing to the same subject matter, to be known as Section
14303-d."
This is a revision bill* However, it only partially revises
Section 14303-d. Commencing in line 14 on page 2, the bill
refers to the disposition of the unexpended balance in the
Apple Merchandising Fund at the end of the biennium. In
lines 17 and 18, it is stated that this balance shall be exempt
from, the provisions of Section 13051, Article 1, Chapter 87,
Revised Statutes of Missouri (1939), However, Section 13051,
Article 1, Chapter 87 of the Revised Statutes of Missouri,
1939, was repealed by Senate Bill No. 448 of the Sixty-third
General Assembly.
An entirely new bill was enacted relating to the office of
State Treasurer and the treasury department, said bill being
Senate Bill No. 237 of the Sixty-third General Assembly.
This bill (Senate Bill No. 237) does not carry any of the
old section numbers of Article 1, Chapter 87, Revised Statutes
of Missouri, 1939, but those who are interested in the subject
matter of Section 13051, which was repealed by Senate Bill
218 MESSAGES AND PROCLAMATIONS OF
No. 448, may find its provisions in Section 17 of Senate Bill
No. 237 of the Sixty-third General Assembly.
In view of the fact that Senate Bill No. 48, in lines 14 to
20, inclusive, provides for the exemption of the unexpended
balance in the Apple Merchandising Fund at the end of the
biennium from the provisions of Section 13051, and in view of
the fact that said Section, 13051 has been repealed and no
reference whatever made to the provisions of Section 17 of
Senate Bill No. 237, and the fact that I am of the opinion that
the General Assembly did not intend to repeal this exemption
provision in Senate Bill No. 48 but simply overlooked the
fact that Section 13051 had been repealed, I think this bill
should be vetoed so that it can be correctly written.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 18, 1947
From the Journal of the Semite, pp.
EXBCUTIVB OFFICE, STATB OF Missoxrai, JEFFERSON Cn%
March 18, 1047.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No* 49, entitled:
"AN ACT
"To repeal Section 7895 of Article 1, Chapter 39,
Revised Statutes of Missouri of 1939, relating to the
examination of banks and trust companies, and to enact
in lieu thereof a new section, relating to the same subject
matter, to be known as Section 7895."
GOVERNOR PHIL M. DONNELLY 219
The words "of the state auditor" which appear in Section
7895, Revised Statutes of Missouri, 1939, are omitted in Sen-
ate Bill No. 49, page 4, line 101. Said Section 7895 of the
1939 Statutes reads: "by warrant of the state auditor upon
the state treasurer." Senate Bill No. 49 in lines 100, 101, and
102, reads: "shall be made upon the certificate of the com-
missioner, by warrant upon the state treasurer."
I think the omission of the words "of the state auditor"
vitally affects this bill. In fact Section 43a of Senate Com-
mittee Substitute for Senate Bill No. 297 of the Sixty-third
General Assembly provides a procedure for the allowance and
payment of claims against the State. Said Section 43a,
among other things, provides: "the comptroller shall fill in
on a form of warrant the amount due and other necessary
information. The form of the warrant thus filled in by the
comptroller shall be transmitted with the comptroller's certi-
fication to the state auditor. Upon being signed by the audi-
tor, it shall become the warrant of the auditor." A form of
warrant upon the State Treasurer is set out in the statute.
The procedure set forth in lines 100, 101, and 102 of Sen-
ate Bill No. 49, wherein claims for salary and expenses shall
be made upon the certification of the commissioner, by warrant
upon the State Treasurer conflicts with the procedure set forth
in Section 43a of Senate Committee Substitute for Senate Bill
No. 297 and would be a different procedure than is now fol-
lowed under Section 7895 of the 1939 Statutes and would be
in conflict with Section 43a as above mentioned.
For the above reasons this bill is vetoed.
In view of the fact that this bill is not approved, I call
attention to lines 94 to 97, inclusive, wherein reference is made
to sums collected from banks, etc., shall be paid "to the state
collector of revenue who shall deposit the same into the state
treasury to be credited to the division of finance of the depart-
ment of business and administration." This is contrary to
the provisions of Section 7895 for the reason that such sums
are to be credited to the State Finance Department Fund, which
fund is now set up in the Treasurer's office. Senate Bill No,
49, lines 96 and 97, in providing that such sums shall be
credited to the Division of Finance of the Department of Busi-
ness and Administration would, no doubt, be construed to
mean a different fund and the General Assembly in enacting
220 MESSAGES AND PROCLAMATIONS OF
appropriation bills would have to appropriate from both the
State Finance Department Fund and from the sums credited
to the Division of Finance of the Department of Business and
Administration.
I am not vetoing this bill on account of the above pro-
vision, as this is a matter of legislation and if the General
Assembly wants to make such a provision it has a right to
do so, but I call it to your attention because from a practical
standpoint I believe it will cause confusion.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MAJBOH 28, 1947
From the Journal of the Hvuse of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 28, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you Hotise Bill No, 169, entitled:
"AN ACT
'To appropriate money for the support of the state
government and the payment of salaries, wages and per
diem of the officers and employees and for other expenses
of certain departments, bureaus, boards and commissions
of the state government, for the period beginning January
£, 1947 and ending June 30, 1947; these amounts being
in addition, to the amounts appropriated for a like period
for the same purposes in House Bill 988, an act of the
63rd General Assembly, approved July 17, 1946, House
Bill 989, an act of the 63rd General Assembly, approved
August 1, 1946, and House Bill 990, an act of the 63rd
General Assembly, approved July 18, 1946*1*
GOVERNOR PHIL M. DONNELLY 221
and appended to said bill, at the time of signing it, the follow-
ing statement of the item to which I object, which item is
returned without my approval, for the reasons herein stated,
which said reasons accompany said bill and are my objections
to said item.
Section 8 of House Bill No. 169, provides for an appro-
priation chargeable to the General Revenue Fund of $4,000.00
for bounties for the destruction of wolves, coyotes, and
wildcats.
There is no recommendation in the Executive Budget for
an emergency appropriation for this purpose. Section 25, Arti-
cle IV of the 1945 Constitution provides:
"Section 25. Until it acts on all the appropriations
recommended in the budget, neither house of the general
assembly shall pass any appropriation other than emer-
gency appropriations recommended by the governor."
In view of the limitation contained in the above consti-
tutional provision on the power of appropriation by the Gen-
eral Assembly and the fact that no emergency appropriation
was recommended by the Governor for said purpose, said sum
of $4,000.00 is not approved.
The amounts in Sections 1 to 7, inclusive, of House Bill
No. 169 are approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
222 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
APRIL 4, 1947
From the Journal of the Senate, pp. 502-503
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 4, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 113, entitled:
"AN ACT
"To repeal Sections 10112 and 10120, Chapter 66,
Revised Statutes of Missouri, 1939, relating to the State
Board of Optometry, and to enact in lieu thereof two new
sections relating to the same subject to be known as
Sections 10112 and 10120."
Senate Bill No. 113 repeals and reenacts Sections 10112
and 10120, Chapter 66, Revised Statutes of Missouri, 1939.
However, Section 10120 was repealed and reenacted by an
act of the 62nd General Assembly, which act is found in Laws
of Missouri, 1943, pages 973 to 976, inclusive.
Section 10120 of Senate Bill No. 113, lines 10 to 16, inclu-
sive, provides that "a registered optometrist or a registered
apprentice whose certificate of registration has expired may
have his certificate of registration restored only upon payment
of the required restoration fee. Any registered optometrist
who retires from the practice of optometry for not more than
five (5) years may renew his certificate of registration upon
payment of all lapsed renewal fees/'
This Section 10120, Revised Statutes of Missouri, 1939,
was repealed and reenacted by an act of the 62nd General
Assembly, Laws of Missouri, 1943, page 974. The 1943 act
sought to raise the standards required of registered optom-
etrists who were seeking renewal of their certificates of regis-
tration by providing that a registered optometrist who per-
mitted his certificate to expire could renew the same within
GOVERNOR PHIL M. DONNELLY 223
five years of the date of expiration upon the payment of the
required restoration fee and in addition presenting satisfactory
evidence to the State Board of Optometry of his attendance
during said five years at educational optometric programs or
their equivalent and provided that said educational programs
or their equivalent were approved by the State Board of
Optometry,
The intention of Senate Bill No. 113 evidently was to
make Section 10112 and Section 10120 comply with the new
revenue law. In other words, it was a revision bill. The
proposed changes in said two sections of the bill are in heavy
type which, under the custom which has been followed in
regard to revision bills, meant there were no other changes
in the present law except the changes set out in heavy type.
No reference is made to the fact that a part of the 1943 act
is omitted. The present law is not what is contained in
Section 10120 of Senate Bill No, 113 but the present law is
set forth in Section 10120 of the Laws of Missouri, 1943,
at page 974. The subject matter in Section 10120 of Senate
Bill No. 113 is different from the subject matter contained in
the 1943 act.
If the provisions of Senate Bill No. 113 are to be the last
enactment on this subject matter, then I think the legislature
should have an opportunity to say whether or not the pro-
visions of the 1943 act, above mentioned, in regard to regis-
tered optometrists presenting satisfactory evidence to the State
Board of Optometry of attendance during said five year period
at educational optometric programs or their equivalent, should
be included in said section.
For the above reasons I cannot approve Senate Bill
No. 113*
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
224 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MAY 16, 1947
From the Jowrnal of the Senate, pp. 9Q6-968
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 16, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 135, entitled:
"AN ACT
"To provide for the revision, digest and promulga-
tion of the statute laws of this state in the year 1949,
and to provide for revision, digest and promulgation of
such laws in future years with an emergency clause."
Section 34, Article III of the 1945 Constitution provides:
"In the year 1949 and at least every ten years thereafter all
general statute laws shall be revised, digested and promul-
gated as provided by law. . . ,"
This provision of the Constitution states "in the year
1949." It does not state in the year 1947 or in the year 1948.
It also states that "all general statute laws shall be re-
vised, digested and promulgated as provided by law."
What does revised mean? In the case of Fidelity and
Columbia Trust Company vs. Meek (Ky,) 171 S. W. 2d 41,
L c. 44, the Court said:
"A revision contemplates a redrafting and simplification
of the entire body of statute law. It involves the elimi-
nation of duplications, contradictions, obsolete and obso-
lescent provisions, redundant, tautological, prolix and ver-
bose provisions. A revision is a complete restatement of
the law. It requires enactment by the legislature in order
to be effective and upon enactment it becomes the law
itself, replacing all former statutes*" (Underscoring mine)
GOVERNOR PHIL M. DONNELLY 225
See also 59 C. J. 888.
The statutes cannot be revised except by the legislature
itself.
The word "digest" means to arrange, classify, codify.
That is not a legislative matter and can be carried on by a
committee or other authorized agency outside the legislature.
The word "promulgate" means to publish, a matter of
publication. The publication can be done under legislative
direction, such as by an independent committee constituted
and authorized by the General Assembly.
After the Statutes have been "revised" by the General
Assembly in 1949 they then can be digested and promulgated.
Various sections of Senate Bill No. 135 provide for the
Committee on Legislative Research to collate, compile, arrange,
classify and codify for publication the laws and statutes of
this State, including the laws passed by the Sixty-fifth General
Assembly. It is my opinion that that part of Senate Bill
No. 135 regarding such collating, compilation, arrangement,
classification and codification for publication is premature at
this time and is an attempt on the part of the Sixty-fourth
General Assembly to enact a law which would be binding on
the Sixty-fifth General Assembly, and specifies what action is
to be taken and by whom such action is to be taken in the
year 1949.
In the case of State ex rel. vs. Smith, 125 S. W. 2d 883,
1. c. 885, the Missouri Supreme Court stated: "It is elemen-
tary that no general assembly can, by mere enactment, cut
down the legislative power of any of its successors."
Under the provisions of Section 34, Article III of the
1945 Constitution of Missouri, providing that "in the year
1949 and at least every ten years thereafter all general statute
laws shall be revised, digested and promulgated as provided
by law," it is my opinion that it is the duty of the Sixty-fifth
General Assembly of Missouri, rather than the Sixty-fourth
General Assembly, to enact whatever legislation is necessary
and proper to carry out such mandate of the Constitution
with regard to the collation, compilation, arrangement, classi-
fication and codification for publication of the Revised Statutes
of 1949.
Section 12 of Senate Bill No. 135 provides:
226 MESSAGES AND PROCLAMATIONS OF
"The Committee shall appoint and fix the compensation
of a Reviser of Statutes and such other attorneys and
employees as it finds necessary to carry out the provi-
sions of this act, and such compensation and other ex-
penses incurred in connection therewith shall be paid from
appropriations made for the Committee on Legislative
Research."
I think this provision with reference to the appointment
and compensation of a Reviser of Statutes and the employ-
ment of attorneys and employees prior to the 1949 session of
the General Assembly is an unauthorized expense and in con-
flict with the intent and purpose of Section 34, Article III of
the 1945 Constitution.
It is also my opinion that the duties set forth for the
Reviser of Statutes duplicate and overlap the duties of the
Legislative Research Committee and much confusion would
result therefrom.
I think that certain preliminary work should be done
prior to the 1949 session of the General Assembly so that in
1949 the Sixty-fifth General Assembly will be prepared to
revise, digest, and promulgate the 1949 Statutes. Section 1
of Senate Bill No. 135 has some good provisions. It authorizes
the Committee on Legislative Research to prepare and have
ready for submission to the Sixty-fifth General Assembly pro-
posed legislative enactments which will eliminate from the
1949 edition of the Revised Statutes, all duplicate, obsolete,
conflicting, unconstitutional, and ambiguous statutes.
I think this is a very necessary work and that the General
Assembly should request the Committee on Legislative Re-
search to prepare such legislative enactments. I think this
can be done by the General Assembly by resolution and that
it is not necessary to enact a bill in order to have it done*
I refer you to Laws of Missouri, 1943, pages 633 to 038, inclu-
sive, pertaining to the authority and jurisdiction of the Com-
mittee on Legislative Research.
I realize that the argument probably will be made as set
forth in the emergency clause (Section 19) that the work in
connection with the 1949 revision must be begun at the earliest
possible date, I agree that all work that c&n legally be done
should be done at the earliest possible date. However, I do
GOVERNOR PHIL M. DONNELLY 227
not believe the Sixty-fourth General Assembly has any author-
ity to authorize the 1949 revision of the statutes in the year
1947, especially in view of the provision in Section 34 of Arti-
cle III of the 1945 Constitution. I think the Sixty-fourth
General Assembly does have authority to authorize prelimi-
nary work as above indicated for the purpose of expediting
the revision work of the 1949 General Assembly, and I am in
favor of approving the necessary expense in connection with
such preliminary work.
With reference to the emergency clause (Section 19) I do
not believe there is any justification for an emergency clause
on this bill and I do not believe that the emergency clause
can be construed as stating facts sufficient to bring this bill
within the purview of an emergency act under the Constitu-
tion of this State.
There are other provisions in this bill with which I am
not fully in accord, but in view of the above explanation there
is no point in discussing them at this time.
For the above reasons I have vetoed this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
MAY 29, 1947
From the Journal of the S#natef pp.
May 29, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Committee Substitute for Senate Bill No. 9,
entitled:
"AN ACT
"To repeal Sections 3226 to 3232, both inclusive.
Chapter 15, Revised Statutes of Missouri, 1939, relating
228 MESSAGES AND PROCLAMATIONS OF
to interest, and to enact twelve new sections in lieu there-
of, relating to interest and other charges which may be
charged, contracted for and received; providing for inter-
est rates and other charges applicable generally and to
all parties and to all lenders and creditors without regard
to the type or classifi cation of their business; providing
methods of charging and collecting interest and requir-
ing refund of unearned interest collected on certain loans ;
requiring a statement of the loan and its terms and con-
ditions to be given in connection with the making of cer-
tain loans; regulating the advertising of loans; requiring
return of papers upon repayment of certain loans; regu-
lating forfeiture of title to tangibles pledged as security;
declaring and providing that payment of four hundred
dollars or less in money, credit, goods or things in action
as consideration for any sale, assignment or order for the
payment of wages, salaries, commissions or compensa-
tion for services earned or to be earned, to be a loan for
the purposes of this act or any other act regulating loans
or punishing usury; declaring that this act shall not affect
contracts entered into prior to the effective date of this
act; and providing penalties for the violation of any of
the provisions of this act, to be known as Sections 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, declaring the separability
of the sections and provisions hereof, with an emergency
clause."
In discussing Senate Committee Substitute for Senate Bill
No. 9 it will be referred to as Senate Bill No, 9.
Senate Bill No. 9 repeals Sections 3226 to 3232 inclusive.
Chapter 15, Revised Statutes of Missouri 1939, relating to
interest and enacts fifteen sections in lieu thereof relating to
interest and other matters.
Section 5 of Senate Bill No, 9 replaces Section 3227, Re-
vised Statutes of Missouri, 1939, which is the old interest
statute allowing interest at not exceeding eight per cent per
annum by contract in this State and which has been the law
of this State since 1891.
Section 5 of Senate Bill No* 9 provides that parties may
agree in writing for the payment of interest on money due
or to become due on any contract as follows: (a) on written
GOVERNOR PHIL M. DONNELLY 229
contracts which are payable in substantially equal installments
at substantially equal periodic intervals over a period not in
•excess of thirty-six months, interest may be charged, con-
tracted for, and received at any rate not to exceed the equiva-
lent of ten per cent per annum on that part of the entire
principal amount borrowed not exceeding $300.00, and six per
centum per annum on that part of the entire principal amount
borrowed exceeding $300.00 but not exceeding $1500.00, and
four per centum on that part of the entire principal amount
borrowed exceeding $1500.00, computed on the original prin-
cipal amount of the contract for the entire period for which
the loan is made, plus additional charges and fees; (b) on all
written contracts that are not made under paragraph (a) of
this section, a rate of not in excess of eight per centum per
annum may be charged.
Section 5 (c) provides what the loan contract shall con-
tain, and further provides that when the payment of a loan
contract is secured by a pledge of tangible personal property,
actual possession of which is delivered to and retained with-
out interruption by the pledgee under the written agreement
of the parties that if the loan is not paid pursuant to the terms
of the loan contract or of any extension thereof, the unquali-
fied title to the tangible personal property shall be taken and
accepted by the pledgee in full payment of the loan without
the necessity of any foreclosure of the pledge.
The validity of Section 5 of Senate Bill No. 9 necessarily
involves a construction of Section 44 of Article III of the 1945
Constitution of Missouri. Said section reads as follows;
"No law shall be valid fixing rates of interest or return
for the loan or use of money, or the service or other
charges made or imposed in connection therewith, for any
particular group or class engaged in lending money. The
rates of interest fixed by law shall be applicable generally
and to all lenders without regard to the type or classi-
fication of their business."
A reading of Senate Bill No. 9 discloses that the General
Assembly has allowed a special rate of interest to be charged
by lenders making loans of $300.00 or less, which loans are
paid back in periodic equal installments and have extended
this special interest rate to those who take a pledge of prop-
230 MESSAGES AND PROCLAMATIONS OF
erty, title to which is vested upon the nonpayment of the loan.
This in effect applies to the type of loans and business carried
on by small loan companies and pawnbrokers.
The business of making small loans in the amount of
$300.00 or less to be paid back in equal installments has been
recognized as a business and one separate and distinct from
other types of loan business such as banks, trust companies,
loan and investment companies, credit unions, and pawn-
brokers. Article 7, Chapter 39 of the Revised Statutes of
Missouri, 1939, which is known as the Small Loan Law of
Missouri, recognized persons making such loans as being en-
gaged in the small loan business. The uniform Small Loan
Law has described persons and corporations making loans of
the size and type in question as being engaged in a small loan
business. (Gallert, Small Loan Legislation, page 89.)
In 40 American Jurisprudence, page 700, it is said:
"The business of small money lenders is as distinct in
many respects from other classes of business as is that
of a pawnbroker."
Therefore, it appears that the Legislature is attempting to do
indirectly what it cannot do directly.
Section 44, Article III of the 1945 Constitution specifically
forbids the classification of lenders and the General Assembly
has sought by classifying loans rather than lenders to avoid
the prohibition of the Constitution.
I call attention to the fact that when the Constitutional
Convention was considering Section 44, Article III, two
amendments were introduced which attempted to limit the
scope of this provision.
Mr. Wesley introduced an amendment which reads as
follows:
" 'Amendment No. 1 to Convention Amendment No, 6.
Amend Convention amendment No. 6 by adding at the
end of said amendment the following words: **the maxi-
mum rate of interest which may be charged for the loan
of money in amounts of $300.00 or less, whether repay-
able in stated installments or in one lump sum, shall be
one percent per month on the unpaid balance and such
GOVERNOR PHIL M. DONNELLY 231
interest shall be in full compensation for the loan and no
additional charges shall be made" ' " (Tr. 922).
This amendment was defeated.
Mr. Storckman introduced an amendment as follows:
** 'Amendment No. 1 to Amendment No. 1. To Conven-
tion Amendment No. 6. Offered by Mr. Storckman. By
inserting after the word "money" at the end of the first
sentence the following: "Provided, however, the General
Assembly may classify loans as to the amounts and may
fix different rates of interest for each such class" so that
Amendment No. 1 as amended will read "the maximum
rate of interest which may be charged for the loan" ' ".
(Tr. 931)
This amendment was defeated.
Senator Cope, in discussing this provision of the Con-
stitution, Section 44, Article III, when it came up for final
approval, said: (Tr. 5637)
"„ . , If it means anything in the world it means that
any interest rate the Legislature can fix must apply to
everybody, every group, every corporation, every partner-
ship, every person in the state. That is what it means
and nothing else. But they can't do it under the word-
ing of this section. Mr. Storckman says it is all right
to classify lenders. Yes, but under this section the bor-
rowers are classified too. Mr. Storckman sent up au
amendment over in the Supreme Court Building trying
to make it plain that the Legislature would have the right
to classify loans and fix different rates for each class and
the Convention voted it down. That, in itself, would be
enough for the Supreme Court to know that the Legis-
lature would have no right to classify any loans to pro-
vide a higher rate for a small amount for these people
who have to patronize small loan companies and there
are lots of them. . * ."
Mr. Cope continuing said:
"Here is a letter from Jim Finch, one of the prominent
lawyers of Cape Girardeau. Here is what he says. 4l
232 MESSAGES AND PROCLAMATIONS OF
think that if the proposed constitutional provision is.
adopted that the Legislature would be prohibited from
providing for different rates of interest for different types
of loans. . . .'
"Here is another one — legal opinion given by William R.
Gentry of the City of St. Louis, one of the prominent
attorneys of this state. Here is what he said. 'There-
fore, it is my opinion that any act of the Legislature
authorizing the making of loans on the basis of the amount
of money borrowed and providing for different rates of
interest according to amounts based upon the type of
security for the loan and providing for different rates
according to the different classes of security would be in
conflict with the section and would, therefore, be void.'
A reading of the Wesley and Storckman amendments dis-
closes that the Constitutional Convention realized that types
of loans and the size of loans could not be classified under
the above provision, Section 44, and that a proviso or amend-
ment was necessary to allow special interest rates to persons
lending money in the amount of $300.00 or less.
The Constitutional Convention by refusing to adopt such
amendments went on record as stating that there could be no
classifications of types or sizes of loans and that all lenders
should have the same interest rate.
Section 5 of Senate Bill No. 9 does create classes of lend-
ers, to-wit, those engaged in lending a particular amount of
money in a certain specified way and does fix rates of interest
for such particular groups or classes who are engaged in lend-
ing money in the amounts and in the manner prescribed by
Senate Bill No. 9.
Before the adoption of Section 44, Article III of the 1945
Constitution there had grown up in this and other states a
number of well defined types and classifications of lenders and
special laws had been adopted fixing interest rates for the
various classes of lenders, namely, small loan laws, loan and
investment laws, pawnbrokers' laws, credit union laws and
others.
Senate Bill No. 9 recognizes various types and classifica-
tions of lenders heretofore existing and permits them to con-
GOVERNOR PHIL M. DONNELLY 233
tinue business in practically the same manner and under the
same conditions as did the laws in force at the time of the
adoption of the new Constitution.
Section 5a, for instance, on written contracts evidencing
loans which are payable in substantially equal installments
at substantially equal periodic intervals over a period not in
excess of thirty-six months, permits lenders to charge interest
at a rate of ten per centum per annum, deducted in advance
from the original principal amount for the full term of the
loan, on that part of the principal amount borrowed not ex-
•ceeding $300.00, and allows such lenders to charge six per
centum per annum, deducted in advance on that part of the
entire principal amount borrowed exceeding $300.00, but not
exceeding $1500.00 for the full term of the loan, and four per
centum per annum, deducted in advance on that part of the
entire principal amount borrowed exceeding $1500.00, for the
entire period for which the loan is made. In addition, such
lenders are entitled to additional fees on that part of the
original principal amount not exceeding $300.00.
Under Article 8 of Chapter 33, of the Revised Statutes
of Missouri 1939, loan and investment companies* prior to
July 1, 1946, were permitted to charge borrowers interest at
the rate of eight per cent per annum, deducted in advance,
plus certain fees. It is common knowledge that most loans
made by loan and investment companies were of relatively
small amounts. Loan and investment companies would be
permitted, under the provisions of Senate Bill No. 9, to con-
tinue to operate substantially as in the past, but would be
permitted to charge interest at the rate of ten per cent per
annum, deducted in advance, on that part of the entire prin-
cipal amount borrowed not exceeding $300.00, instead of eight
per cent per annum which they formerly were permitted to
•deduct in advance*
Under the provisions of said Section 5a of Senate Bill
No. 9, lenders may convert the amount of interest and fees
permitted to be deducted in advance into a true interest rate,
and may receive such true interest rate on the unpaid balances
of the principal amount of the loan for the time such balances
are actually outstanding. This provides a method for lenders
formerly engaged in the small loan business to continue to
234 MESSAGES AND PROCLAMATIONS OF
charge interest in the same manner as previously provided
under the small loan law. The only difference is that small
loan companies were previously authorized to charge three per
cent per month on any loan of $100.00 or less, and two and one-
half per cent per month on any loan of more than $100.00
and not more than $300.00, while under the provisions of Sen-
ate Bill No. 9 such small loan companies would be permitted
to charge a reputed 26.88 per centum per annum interest rate
on the principal amount not exceeding $300.00. Such small
loan companies could, of course, loan an amount in excess of
$300.00 under the provisions of Senate Bill No. 9 and charge
an interest rate not to exceed six per centum per annum, de-
ducted in advan.ce, on that part of the entire principal amount
borrowed exceeding $300.00, but not exceeding $1500.00, and
four per centum per annum, deducted in advance, on that part
of the entire principal amount borrowed exceeding $1500.00.
Pawnbrokers are also recognized by the provisions of Sec-
tion 5c, of Senate Bill No. 9, and are permitted to continue
business in the same manner as heretofore except such pawn-
brokers may now charge a true rate of interest equal to ten
per cent per annum, deducted in advance on the entire prin-
cipal amount for the full term of the loan, plus certain fees,
totalling a reputed 26.88 per centum per annum which is in
excess of the two per centum per month such pawnbrokers
could formerly charge.
In other words, Section 5 of Senate Bill No* 9 does allow
loan and investment companies, small loan companies, and
pawnbrokers to enjoy a special rate of interest. Proponents
of Senate Bill No. 9, however, contend that said special rates
of interest are not made for any particular group or class and
that they are applicable generally and to all lenders without
regard to the type or classification of their business* I think
not. If such interest rates were applicable generally and to
all lenders then anyone loaning the amounts specified in the
bill could charge the rates of interest authorized by said
Section 5a. This is not true. Only lenders who lend money
in the particular way and manner specified in the bill are per-
mitted to charge the rates authorized by Section 5a« It m
only lenders who loan money evidenced by written contracts
payable in substantially equal installments at substantially
GOVEBNOR PHIL M. DONNELLY 235
equal periodic intervals over a period not in excess of thirty-
six months who are permitted to charge the specified rates and
such lenders must comply with all applicable provisions of
the act. As an example, the lender must, at the time of mak-
ing the loan, deliver to the borrower a written statement or
a copy of the loan contract showing certain, information, re-
quired by the act. The contract must also contain an agree-
ment permitting the borrower to repay the loan in whole or
in part at any time.
Of course, anyone desiring to comply with all of the pro-
Visions of Senate Bill No. 9 would be permitted to charge the
interest authorized but if they did lend money in compliance
with the provisions of Senate Bill No. 9 that would amount
to engaging in the business of making loans of small amounts
at high interest rates as heretofore permitted and allowed only
to be done by small loan companies, loan and investment com-
panies, and pawnbrokers. Therefore, the rates of interest pro-
vided by Section 5a do not apply generally to all lenders
without regard to the type or classification of their business.
Senate Bill No. 9 not only classifies loans of $300.00 or
less, but also classifies loans not exceeding $1500.00 and loans
in excess of $1500.00, and authorizes different rates of interest
for each of such classes. All three classes of loans must be
made in a particular manner, to-wit, evidenced by written
contract, payable m substantially equal installments at sub-
stantially equal periodic intervals over a period not in excess
of thirty-six months. The distinction between a classification
of lenders and a classification of loans is a nebulous one. It is
my opinion that the bill authorizing lenders to charge different
rates of interest for different classes of loans creates a classi-
fication of lenders and authorizes such classes to charge a par-
ticular rate of interest not permitted to be charged generally
and by all lenders,
In, support of the above statement I call attention to the
following cases:
In Commonwealth v. Puder, 261 Pa. 129, 104 Ati 505,
the Supreme Court of Pennsylvania, in speaking of an act
relating to persons lending $300.00 or less said:
"On the other hand, the act of 1915 confines the cla&s of
loans to those not exceeding $300 and defines the class of
236 MESSAGES AND PROCLAMATIONS OF
borrowers as 'individuals pressed by lack of funds to meet
immediate necessities.' It thus appears all persons are
eliminated from taking the benefit of the act, except those
who desire to make loans not exceeding $300 in amount
"It remains only to consider whether or not the basis of
classification adopted in the act of 1915 is a proper one.
. . . Applying the foregoing principles to the present
case, the fundamental question is whether a necessity ex-
ists demanding legislation for the class of money lenders.
in sums of $300 or less to those of limited means who
would otherwise be unable to procure needed funds, and
whether classification adopted to meet such necessity is
based on a real and not merely an artificial distinction.
. . . ." (Underscoring mine)
In State v. Sherman, 18 Wyo. 169, 105 Pac. 299, 1. c. 302,,
the Supreme Court of Wyoming said:
"In support of the objections to the statute before us, it
is argued that there is no reasonable ground of difference
authorizing this legislation between the loan of a sum less
than $200, and the loan of a greater amount
", . . . There would thus appear to be a substantial
difference between that class and others with respect to
the rate of interest demanded and received. The act fixea
the dividing line between the class affected by it and the
persons and transactions excluded at the sum of $200,
Senate Bill No, 9 violates Section 44, Article III of the
1945 Missouri Constitution because in allowing a rate of inter-
est to persons making a loan of $300.00 or less which is greater
than the rate of interest allowed those who make loans of
$300.00 a classification of lenders is created. Senate Bill No,
9 classifies lenders into three groups insofar as rates of interest
are concerned and makes $300.00 and $1500.00 the dividing
line between the classes. Section 44, Article III forbids **rate&
of interest" either higher or lower for any particular group*
GOVERNOR PHIL M. DONNELLY 237
I believe that Senate Bill No. 9 violates the spirit of Sec-
tion 44 of Article III of the 1945 Constitution and violates
the intent of the framers of the Constitution. The purpose
of Section 44, Article III of the Constitution was not only to
wipe out classifications of lenders and put everybody lending
money on a common basis, but it was also intended to lower
interest rates generally instead of raising them for all lenders
to the rates previously allowed a few specialized lenders. This
is shown by a reading of the Constitutional Convention debates
commencing at page 909.
"Mr. Wesley: Well, I don't see where that will repeal
any present statute. It will simply allow the banks to
come up to the thirty-six percent and maybe, eventually
competition will force it down, maybe, eventually — may-
be, isn't that right, Senator?
"Mr. McReynolds: No, no, Mr. Wesley, this thirty-six
percent and thirty percent is applicable to a particular
class or group of loans.
"Mr. Welsey: Of Loans?
"Mr. McReynolds: Yes, the law in our statute books
allowing that charge is a class — piece of class legislation
and is limited to a particular group. Your banks can't
charge you now, nobody can except the members of that
group.
"Mr. Wesley: Your amendment will allow them to come
into that group?
"Mr. McReynolds: No, no, sir,
"Mr. Wesley: I don't understand.
"Mr. McReynolds: My amendment will destroy every
single classification of any kind and will put everybody
loaning money on a common plan. Our whole trouble to-
day is that we set xip these special classifications and give
them special benefits because of alleged conditions that
prevail in the class. Now, my theory is that if you wipe
out classifications so that they are on a common level,
then you find yourself back to your fixed interest rates
that have been in our statutes for sixty or seventy years
238 MESSAGES AMD PROCLAMATIONS OF
and these, all of these group rates built around a special
classification must disappear under the Constitutional
amendment. Now, I have no objection if you feel that
it isn't broad enough for the amendment to say that this
shall have the effect of appealing [repealing] any class
rates in existence.
"Mr. Wesley: That is what I am afraid of. That rate
of thirty-six percent will stay and allow any Building and
Loan Association and the banks and all of them to get
up to that high rate, depending on competition to bring
the rate down, and I think there will be no competition
because I think they will get together sooner or later.
"Mr. McReynolds: It can't stay as it is now, Mr. Wes-
ley, because those are class rates and if you wipe out your
class rates you have the common level which is applicable
to everybody.
"Mr. Wesley: The way that reads to me, I understand
that it simply wipes out the classes of lenders who can
charge that money and put them all in the same class,
"Mr. McReynolds: That is right."
"Mr. Damron: . . . Now, what I am particularly in-
terested in is this, and I want somebody to answer the
question. If Senator McReynolds' proposal is adopted
and experience proves that these small loans can't be
made at their legal rate of interest, which would be eight
percent as I understand it, then would the Legislature
have the power to pass a law permitting a higher rate of
interest on small loans? That's what Pd like for some-
body to answer and convince me that they are right
about it.
"Mr, Finnegan: May I? Will you state your question
again?
"Mr. Damron: If Senator McReynolds' proposition is
adopted and experience would prove that these small loans
can't be made at the legal rate of interest, which I under-
GOVERNOR PHIL M. DONNELLY 239
stand would be eight percent, then would the Legisla-
ture have the power to make a higher rate of interest for
small loans and a different rate of interest for higher
loans?
"Mr. Finnegan: No, they wouldn't be able to make any
different rate for any class.
"Mr. Damron: I don't want to vote something whereby
the banks could charge fifteen percent on a $10,000.00
loan or any sizable loan.
"Mr. Park: ... I am sure that the members of the
Legislature will see to it that not more than eight per-
cent will be charged (Tr. 993)
"Mr. Parker: ... I haven't the slightest doubt, not
the slightest, and I'd say that to the best friend I've got
on earth, but what the Legislature will come here and
adopt a rate of interest not higher than eight percent if
the matter ever comes up before it. . . ." (Tr. 993)
Senate Bill No. 9 would enable pawnbrokers, small loan
companies, and loan and investment companies, to continue to
operate substantially in the same old way. Small loan com-
panies might not be able to charge quite as much interest as
they formerly did under the small loan law, but other spe-
cialized lenders will be able to charge much more, and banks,
credit associations, building and loan associations, private
individuals, and others, will be permitted to charge a far
higher rate of interest than was ever dreamed of before the
adoption of the Constitution of 1945*
Under the old small loan law, only small loan companies,
under rigid regulations and supervision, could charge interest
on loans of $300.00 or less at a rate even approximating the
rate permitted by Senate Bill No. 9 to all lenders who comply
with its provisions. The theory in permitting small loan
companies to charge high rates of interest was based on the
proposition that certain necessitous borrowers could not ob-
tain loans from any other class of lenders and that the hazards
incident to such loans justified such high rates. It was never
240 MESSAGES AND PROCLAMATIONS OF
dreamed that banks, which, as a matter of fact, were spe-
fically excluded from coming under the provisions of the small
loan law, would ever be permitted to charge the public gen-
erally small loan interest rates.
If Senate Bill No. 9 were to become a law not only would
that class of borrowers whose loans are considered hazardous
be required to pay what I consider exorbitant rates, but the
borrowing public generally would likewise be subjected to
such rates.
Under laws invalidated by the Constitution, pawnbrokers
could charge two per cent per month, credit unions one per
cent per month, loan and investment companies eight per cent
per annum, discounted, plus $1.00 investigation fee on every
$50.00 loaned, and a fee of not greater than $20.00 on a loan
secured by chattel mortgage or a lien upon a motor vehicle.
Banks, of course, can charge only eight per cent simple inter-
est, as can building and loan associations, insurance com-
panies, private lenders, and others, under existing laws.
Under Senate Bill No. 9 pawnbrokers, loan and invest-
ment companies, and credit unions would be permitted to
charge a higher rate of interest than formerly. Banks and
others, of course, would be permitted to charge far more than
under the present law.
Under the old Small Loan Law small loan companies
could charge thirty-six per centum per annum on loans of
$100.00 or less, and thirty per cent per annum on loans of
more than $100.00 and not in excess of $300.00,
Under Senate Bill No, 9, according to a reputable actuary,
the lender could charge on a loan not to exceed $100,00, 27.59
per cent per annum, on a loan of $300.00, 27,01 per cent per
annum, and on a loan of $1,000,00, 15.88 per cent per annum*
In addition, said Senate Bill No* 9 would permit interest to
be charged on interest, which was not permitted under the
old small loan act. Furthermore, the lender may charge,
under Senate Bill No* 9 fees allowed by law actually and nec-
essarily paid out by the lender to any public officer for filing,
recording or releasing in any public office any instruments
securing a loan. This charge could not be made under the
old small loan law. In addition thereto, the lender may
charge the costs incurred in obtaining a search of the public
GOVERNOR PHIL M. DONNELLY 241
records and the issuance of a certificate pertaining thereto.
Such a fee as this could not be charged under the old small
loan law.
Under Senate Bill No. 9 persons engaged in selling mer-
chandise on the installment plan could loan the purchase
price to the buyer and charge him the high rate of interest
permitted by the bill. The act provides that the loan contract
shall contain an agreement permitting the borrower to pre-
pay the loan in whole or in part at any time, and further pro-
vides that on prepayment in full the borrower will receive a
refund of the unearned portion of the total amount of interest
which has been deducted as provided in paragraph a, of Sec-
tion 5 of the bill, but it specifically provides that no refund
shall be required for any partial prepayment of any loan.
In other words, the lender may charge and deduct the inter-
est in advance and keep the entire amount deducted for the
entire period of the loan, although nine-tenths of the loan
may have been prepaid long before due. This could not have
been done under the old small loan law. Said bill provides
that delinquent installments may bear interest at an agreed
rate not exceeding ten per cent per annum from the date of
maturity originally scheduled in the loan contract which is
in addition to the twenty-seven per cent per annum already
paid.
In conclusion I think there is no question but what Sec-
tion 44 of Article III requires that the rates of interest fixed
by law shall be applicable generally and to all lenders without
regard to the type or classification of their business. That
is what the section says and according to the debates in the
Constitutional Convention that is what the framers of the
Constitution intended. The rates of interest fixed by Senate
Bill No. 9 do not apply generally and to all lenders but only
to the particular class of lenders mentioned herein and such
special rates of interest are based on the type and classification
of the lenders' business. This violates the spirit and intent
of Section 44 of Article III of the 1945 Constitution. I think
the framers of the Constitution also intended that the rates
of interest which lenders charged the borrowing public were
to be reasonable rates and not the exorbitant rates which small
loan companies were formerly permitted to charge. For in-
242 MESSAGES AND PROCLAMATIONS OF
stance, Mr. Park said, "I am sure that the members of the
Legislature will see to it that not more than eight percent
will be charged." Mr. Parker said, "... I haven't the
slightest doubt, not the slightest, and I'd say that to the best
friend I've got on earth, but what the Legislature will come
here and adopt a rate of interest not higher than eight percent
if the matter ever, comes up before it " Mr. Damron
said, "I don't want to vote something whereby the banks
could charge fifteen percent on a $10,000.00 loan or any
sizable loan." Mr. Julian said, "You think that this amend-
ment here would have the effect of lowering the interest rates
in Missouri?"
Mr. McReynolds: "It is inevitable."
Mr. Julian: "It would force the General Assembly to
lower the interest rate from the thirty and thirty-six percent
down?"
Mr. McReynolds: "Why, it would destroy that classifi-
cation. It would put them all on a common ground "
(Tr. 905).
I stated in my veto message on Senate Substitute for
House Committee Substitute for House Bill No. 838 in the
Sixty-third General Assembly that the rates of interest pro-
vided in that bill were excessive and not justified. The rates
of interest and charges provided in Senate Bill No. 9 are as
high or higher than the rates in House Bill No, 838.
The debates in the Constitutional Convention show that
the purpose of Section 44 of Article III was not only to wipe
out classifications of lenders and put everybody loaning money
on a common basis, but it also was intended to lower interest
rates generally instead of raising them for all lenders to the
rates previously allowed a few specialized lenders* The bor-
rowing public is entitled to consideration. I do not intend
to approve any legislation that subjects the public generally
to the exorbitant rates of interest provided for in this bilL
Neither do I intend to approve legislation that does not apply
to all lenders generally without regard to the type or classifi-
cation of their business, Section 44 of Article III of the Con*
stitution may be an unwise provision* If it is there is a way
to correct it, but so long as it remains in the Constitution I
GOVERNOR PHIL M. DONNELLY 243
intend to carry out the intention of the framers of the Con-
stitution and those who adopted it.
For the reasons herein stated I do not approve Senate
Committee Substitute for Senate Bill No. 9.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JUNE 5, 1947
From the Journal of the House of Representatives, pp. 1329-1831
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON CITY,
June 6, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 157, entitled:
"AN ACT
'To repeal Sections 11945 and 11949 of Article 19,
Chapter 76, Revised Statutes of Missouri, 1939, relating
to registration and elections in all cities of this state
which now contain or may hereafter contain 10,000 in-
habitants and less than 30,000 inhabitants, and to enact
in lieu thereof two new sections relating to the same sub-
ject matter, to be known as Sections 11945 and 11949.°
This bill applies to cities having a population of ten thou-
sand and less than thirty thousand inhabitants.
Section 11945 of House Bill No, 157 has a new provision
found in lines 9 to 13, inclusive, page 2, wherein it is "provided
that when any person has changed his domicile to a precinct
or ward other than the one in which he is legally registered,
such person shall not be qualified to vote in the precinct or
ward from which he has moved his domicile,"
244 MESSAGES AND PBOCLAMATIONS OF
The above provision in House Bill No. 157 will have the
effect of disfranchising all registered voters who change their
domicile during the time that the registration books are closed.
The registration books are closed for ten days preceding an
election and there is no provision in the law applicable to
cities having a population of ten thousand and less than thirty
thousand inhabitants for registering a voter during said ten-
day period.
Other cities have attempted to take care of a situation
where a voter moves from a precinct or ward during the time
that the registration books are closed or intends to move from
his precinct or ward during said period.
In cities of the first class (Section 11987, Laws of Mis-
souri, 1941, pages 358 and 359), it is provided that "any duly
registered voter who has complied with the provisions of this
act who shall change his address within the city during the
closed period for registration may for the purpose of the elec-
tion immediately following such closed period vote in the pre-
cinct in which he is properly registered, even though he may
have moved from that address during the closed period if in
all other respects he is a properly qualified voter of such city/'
(Underscoring mine)
In cities of from three hundred thousand to seven hun-
dred thousand inhabitants it is provided (Section 12124, Re-
vised Statutes of Missouri, 1939) ". . . Any registered
voter who changes his residence after the close of registration
may thereafter up until the close of office hours of Friday
preceding the day of election apply in person at the main
office of the board and have his registration transferred by
taking oath and signing an affidavit of his removal since the
date of the close of registration, stating the exact date upon
which he changes his residence/*
In cities of one hundred fifty thousand inhabitants or
over it is provided (Section 11865, Revised Statutes of Mis*
souri, 1939) ". . . If any voter who has registered in one
precinct shall remove to another at any time before Wednes-
day next preceding the election at which he or she desires to
vote or if such voter shall appear before the board of .election
commissioners or the clerk thereof at any time before said
Wednesday and declare his or her intention to move and be
GOVERNOR PHIL M. DONNELLY 245
domiciled in another precinct on election day and shall re-
quest a change of registration and a certificate thereof, it shall
be the duty of the board of election commissioners to allow
such change of registration . . . ." (Underscoring mine.)
In other words, if a citizen is a qualified, registered voter
in a city or county he should be entitled to vote at an elec-
tion and merely because he has moved from one precinct or
ward to another in the city during the time that the regis-
tration books are closed should not disfranchise him. The
practical effect of the proviso in Section 11945 of House Bill
No. 157 is that if a person moves from one precinct or ward
to another in the city and has not transferred his registration
as provided for in Section 11951, Revised Statutes of Mis-
souri, 1939, (before the 10th day preceding the election) he
is prohibited from voting because, under the proviso in Sec-
tion 11945 of House Bill No. 157 he cannot vote from the
precinct or ward from which he has moved his domicile.
Provision is made as above stated in other cities and
counties where registration is provided to permit the voter
to transfer his registration after the books have been closed or
if he intends to move during said closed period he is given
an opportunity to have his registration transferred.
Under the present Section 11949, Revised Statutes of Mis-
souri, 1939, it is provided "Registration for any election shall
be closed at five o'clock P. M. on the Wednesday of the sec-
ond week preceding the election, and no voter shall be there-
after registered prior so [to] said election, except by order of
a judge of the circuit court." (Underscoring mine)
It will be noted that Section 11949 of House Bill No, 157
provides "Registration for any election shall be closed at five
o'clock P. M. on the tenth day preceding the election, and
no voter shall be thereafter registered prior to said election/'
The provision which now appears in Section 11949, Revised
Statutes of Missouri, 1939, "except by order of a judge of the
circuit court" is omitted from Section 11949 of House Bill
No. 157,
In the Sixty-third General Assembly Senate Committee
Substitute for Senate Bills Nos. 33 to 39, inclusive, repealed
and reenacted Section 11949, Revised Statutes of Missouri,
246 MESSAGES AND PROCLAMATIONS OF
1939. I vetoed this bill for certain reasons which are a matter
of record. However, Section 11949 of said Senate Committee
Substitute contained the provision "except by order of a judge
of the circuit court." Said Section 11949 of said Senate Com-
mittee Substitute also contained a provision that a person who
has been unable to register may appear before two judges of
election in the precinct where the voter registers and said
judges shall have the authority to register such voter. I stated
in said veto message of said Senate Committee Substitute
that from a practical standpoint but few voters could be regis-
tered on the day of election because the judges were too busy
with their duties on the day of election. However, this pro-
vision in Section 11949 does give the voter who is not regis-
tered an opportunity to register, and he should be given this
opportunity, and it should remain in the statutes. House Bill
No. 157 omits this provision in its entirety.
House Bill No. 157 provides that registration for any
election shall be closed at five o'clock P. M. on the tenth day
preceding the election and no voter shall be thereafter regis-
tered prior to said election. Said House Bill No. 157 also
provides that when any legally registered voter moves from
a precinct or ward to another precinct or ward in the city
other than the one in which he is legally registered that such
legally registered voter shall not be qualified to vote in the
precinct or ward from which he has moved his domicile; said
bill does not provide any method by which a registered voter
may transfer his registration during said closed period nor is
any method provided before said closed period whereby he
may be given an opportunity to appear before the board of
registrars and request a transfer before the election. It is my
opinion that these provisions in this bill are unfair to the quali-
fied voters of the cities within this class.
For these reasons I do not approve this bill
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 247
TO THE HOUSE OF REPRESENTATIVES
JUNE 6, 1947
From the Journal of the House of Representatives, pp. 1S23-1825
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 6, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Committee Substitute for House Bill No. 197,
entitled :
"AN ACT
"To provide for the employment and compensation
of deputies and assistants by the county collector of reve-
nue in counties of the 4th class, and for an additional duty
of the county collector of revenue to distribute state
income tax blanks."
House Committee Substitute for House Bill No. 197 pro-
vides for the employment and compensation of deputies and
assistants for the county collector of revenue in counties of
the fourth class, together with an additional duty of the county
collector of revenue to distribute State income tax blanks.
House Committee Substitute for House Bill No. 197 will
be referred to as House Bill No, 197 in this message.
Said House Bill No. 197 makes no provision for computing
or allowing the salaries provided for the deputies and assistants
upon any definite period of time basis. In other words, in
House Committee Substitute for House Bill No. 198, a com-
panion bill, in Section 1, line 4, it states that the compensa-
tion therein provided may be allowed "annually." The word
"annually" does not appear in House Committee Substitute
for House Bill No. 197. There is no way to determine upon
what time basis the compensation should be allowed.
In the case of State ex rel. vs. Thompson, 5 S, W, (2d)
57, 1. c. 59, the Supreme Court of Missouri quoted approv-
ingly from Johnson v. Barham, 99 Va. 305, 38 S. E, 136, as
follows:
248 MESSAGES AND PROCLAMATIONS OF
" *It is safer in a case which admits of doubt, where the
court finds itself at all involved in conjecture as to what
was the legislative intent, that the particular object which
may reasonably be supposed to have influenced the Legis-
lature in the particular case should fail of consummation
than that courts should too readily yield to a supposed
necessity, and exercise a power so delicate, and so easily
abused, as that of adding to or taking from the words of
the statute.' " (Underscoring mine)
In other words, I seriously doubt if the Court would have
the right to add the word "annually" in line 4 of Section 1
of House Bill No. 197, and because of this doubt and uncer-
tainity it is my opinion this bill should not be approved.
There are other reasons why this bill should not be
approved. It provides for the employment of deputies and
assistants by the Collector of Revenue in counties of the
fourth class with the approval of the county court and pro-
vides for compensation for said deputies and assistants. I have
been unable to find any bill which has been enacted since the
effective date of the 1945 Missouri Constitution providing for
the compensation or salary of county collectors in counties
of the third and fourth class. Therefore, the compensation
of county collectors in the third and fourth class is computed
by the provisions of Section 11106, Revised Statutes of Mis-
souri, 1939, and the compensation of deputies and clerical hire
of the county collectors is governed by Section 11107, Revised
Statutes of Missouri, 1939. Said section is as follows:
"Section 11107. That the officers referred to in section
11106, in addition to the maximum amount of fees and
commissions permitted to be retained by county collectors
as provided in section 11106, Revised Statutes of Mis-
souri for 1939, each such officer may retain for the pay-
ment of deputy and/or clerical hire a sum not to exceed
twenty-five per cent of the maximum amount of fees and
commissions which such officer is permitted to retain by
said section as so amended, but such deputy and/or cleri-
cal hire shall be payable out of fees and commissions
earned and collected by such officer only and not from
general revenue.'*
GOVERNOR PHIL M. DONNELLY 249
Said Section 11107 is not repealed or referred to in any
manner in House Bill No. 197. It is my opinion, if House
Bill No. 197 were to become a law that the deputies and
assistants of the county collector would receive compensation
under both House Bill No. 197 and Section 11107, Revised
Statutes of Missouri, 1939.
House Bill No. 197 seeks to justify the compensation pro-
vided in House Bill No. 197 for the deputies and assistants of
the county collectors by providing for an additional duty on
the county collector of revenue by making available at his
office copies of income blanks for the citizens of the county
who may desire copies of such blanks and to make it known
to the citizens of the county that such blanks are available
at his office. Of course, this additional duty is a subterfuge.
The collection of the State income tax and the furnishing
of blank forms is now vested in the Department of Revenue
and under Section 11353 of House Bill No. 676 of the Sixty-
third General Assembly the Director of Revenue has the
authority to establish temporary or permanent branch offices
in the State and also has the authority to mail income tax
forms to the individual income taxpayer. If income tax forms
are to be made 'available at any county office, in my opinion,
it should be the assessor's office or the county clerk's office,
but regardless of that all of this was wiped out by the creation
of the Department of Revenue and we should not commence
this early to duplicate the duties of the Director of Revenue
by imposing a duty on the county collector of revenue as
provided in Section 2 of House Bill No. 197 to make avail-
able at his office copies of income tax blanks. This would be
a duplication of the duties required of the Director of Revenue.
House Bill No, 197 provides for the employment and
compensation of deputies and assistants for the collector of
revenue in counties of the fourth class, coupled with a pro-
vision for additional duties of the collector.
House Bill No, 197 contains more than one subject and
violates Section 23 of Article III of the Constitution of 1945*
Said section reads as follows:
"Section 23. No bill shall contain more than one subject
which shall be clearly expressed in its title, except bills
enacted under the third exception in section 37 of this
250 MESSAGES AND PROCLAMATIONS OF
article and general appropriation bills, which may em-
brace the various subjects and accounts for which moneys
are appropriated."
Section 1 of House Bill No. 197 pertains to the employ-
ment and compensation of deputies and assistants of the col-
lector of revenue.
Section 2 of House Bill No. 197 provides for additional
duties to be imposed on the collector of revenue by law and
sets out the duties. This is an entirely different subject to
the compensation and salary provision for the deputies and
assistants in Section 1 and in my opinion violates the above
section of the Constitution.
For the reasons above set forth I do not approve House
Committee Substitute for House Bill No. 197.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JUNE 6, 1947
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, jtamasoN CITY,
June 6, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Committee Substitute for House Bill No. 198,
entitled:
"AN ACT
"To provide for the employment and compensation
of deputies and assistants by the county collector of reve-
nue in counties of the 3rd Class, and for an additional
duty of the county collector of revenue to distribute state
income tax blanks*"
GOVERNOR PHIL M. DONNELLY 251
House Committee Substitute for House Bill No. 198 pro-
vides for the employment and compensation of deputies and
assistants for the county collector of revenue in counties of
the third class, together with an additional duty of the county
collector of revenue to distribute state income tax blanks.
House Committee Substitute for House Bill No. 198 will
be referred to as House Bill No. 198 in this message.
I have been unable to find any bill which has been enacted
since the effective date of the 1945 Missouri Constitution pro-
viding for the compensation or salary of county collectors in
counties of the third and fourth class. Therefore, the com-
pensation of the county collectors in the third and fourth class
is computed by the provisions of Section 11106, Revised Stat-
utes of Missouri, 1939, and the compensation of deputies and
clerical hire of the county collectors is governed by Section
11107, Revised Statutes of Missouri, 1939. Said section is
as follows:
"Sec. 11107. That the officers referred to in section
11106, in addition to the maximum amount of fees and
commissions permitted to be retained by county collectors
as provided in section 11106, Revised Statutes of Mis-
souri for 1939, each such officer may retain for the pay-
ment of deputy and /or clerical hire a sum not to exceed
twenty-five per cent of the maximum amount of fees and
commissions which such officer is permitted to retain by
said section as so amended, but such deputy and /or cleri-
cal hire shall be payable out of fees and commissions
earned and collected by such officer only and not from
general revenue*"
Said Section 11107 is not repealed or referred to in any
manner in House ,Bill No. 198. It is my opinion if House
Bill No. 198 were to become a law that the deputies and assist-
ants of the county collector would receive compensation under
both House Bill No. 198 and Section 11107, Revised Statutes
of Missouri, 1939.
House Bill No. 198 seeks to justify the compensation pro-
vided in House Bill No. 198 for the deputies and assistants of
the county collector by providing for an additional duty on
the county collector of revenue by making available at his
252 MESSAGES AND PROCLAMATIONS OF
office copies of income blanks for the citizens of the county
who may desire copies of such blanks and to make it known
to the citizens of the county that such blanks are available
at his office. Of course this additional duty is a subterfuge.
The collection of the State income tax and the furnishing
of blank forms is now vested in the Department of Revenue
and under Section 11353 of House Bill No. 676 of the 63rd
General Assembly the Director of Revenue has the authority
to establish temporary or permanent branch offices in the
State and also has the authority to mail income tax forms to
the individual income taxpayer. If income tax forms are to
be made available at any county office, in my opinion, it
should be the assessor's office or the county clerk's office, but
regardless of that all of this was wiped out by the creation of
the Department of Revenue and we should not commence this
early to duplicate the duties of the Director of Revenue by
imposing a duty on the county collector of revenue as pro-
vided in Section 2 of House Bill No. 198 to make available
at his office copies of income tax blanks. This would be a
duplication of the duties required of the Director of Revenue.
House Bill No. 198 provides for the employment and
compensation of deputies and assistants for the collector of
revenue in counties of the third class, coupled with a pro-
vision for additional duties of the collector.
House Bill No. 198 contains more than one subject and
violates Section 23 of Article III of the Constitution of 1945.
Said section reads as follows:
"Section 23. No bill shall contain more than one subject
which shall be clearly expressed in its title, except bills
enacted under the third exception in section 37 of this
article and general appropriation bills, which may em-
brace the various subjects and accounts for which moneys
are appropriated,"
Section 1 of House Bill No. 198 pertains to the employ-
ment and compensation of deputies and assistants of the col*
lector of revenue.
Section ,2 of House Bill No. 198 provides for additional
duties to be imposed on the collector of revenue by law and
sets out the duties. This is an entirely different subject to
GOVERNOR PHIL M. DONNELLY 253
the compensation and salary provision for the deputies and
assistants in Section 1 and in my opinion violates the above
section of the Constitution.
For the reasons above set forth I do not approve House
Committee Substitute for House Bill No. 198.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JUNE 6, 1947
From the Journal of the House of Representatives, pp. 1S27~>13%9
EXECUTIVE OFFICE, STATE OP MISSOURI, JEFFERSON CITY,
June 6, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return herewith to you, with my veto and without my
approval, House Bill No. 219, entitled:
"AN ACT
"To appropriate, transfer and set apart money from
the post war reserve fund to the county aid road fund."
Committee Substitute for House Bill No, 214 was en-
acted by the Sixty-third General Assembly, approved July 23,
1946. This bill created a County Aid Road Fund to receive
appropriations by the General Assembly from the Missouri
Post War Reserve Fund for the purpose of aiding and assist-
ing the improvement, construction, reconstruction, and restora-
tion of county roads in the manner provided in said act.
It is my understanding that said act was to provide a
road building program for a period of five years and the sum
of two million dollars was to be appropriated each year for
said program* In other words, the total appropriation for
said program by virtue of said bill was to be ten million dollars.
254 MESSAGES AND PROCLAMATIONS OF
House Committee Substitute for House Bill No. 1035 was
enacted by the Sixty-third General Assembly, approved Octo-
ber 14, 1946, appropriating out of the State Treasury, charge-
able to the Missouri Post War Reserve Fund, the sum of two
million dollars, which said sum of two million dollars under
the terms of said bill was transferred and set apart to the
County Aid Road Fund to be apportioned to the counties in
accordance with the provisions of said Committee Substitute
for House Bill No. 214. The Attorney General of Missouri
in an opinion dated November 13, 1946, held said House Com-
mittee Substitute for House Bill No. 1035 unconstitutional.
However, the particular question that the Attorney General
was rendering his opinion on* was the question of the appor-
tioning of funds to the counties under the provisions of said
Committee Substitute for House Bill No. 214. I think there
is no question but what the General Assembly has the right
to transfer from the Missouri Post War Fund to the County
Aid Road Fund the sum of two million dollars or any other
sum. In fact, said transfer has been recognized by the State
Treasurer as a valid transfer and a County Aid Road Fund
has been set up on the books of the State Treasurer and said
two million dollars, authorized by House Committee Substi-
tute for House Bill No. 1035, was transferred on the State
Treasurer's books to the County Aid Road Fund. It is my
opinion that the transferring and setting apart to the County
Aid Road Fund of said two million dollars was a valid transfer-
In order to meet the objections set forth in the opinion
of the Attorney General, there was introduced into the Sixty-
fourth General Assembly House Bill No, 220 which appro-
priated out of the State Treasury, chargeable to the County
Aid Road Fund, the sum of two million dollars or so much
thereof as may be necessary to be apportioned according to
law among the counties of the State which comply with the
provisions of law granting aid to counties for the improvement,
construction, and restoration of county roads. House Bill No.
220 was for the period beginning January 8, 1947, and ending
June 30, 1947.
Up to this date no contracts have been charged against
the appropriation provided in, House Bill No. 220 and I am
reliably informed by the State Highway Department and the
State Comptroller that no obligations will be incurred against
GOVERNOR PHIL M. DONNELLY 255
said appropriation by June 30, 1947, and therefore, House
Bill No. 220 will expire June 30, 1947. Said sum of two mil-
lion dollars transferred to the County Aid Road Fund by
House Committee Substitute for House Bill No. 1035 of the
Sixty-third General Assembly remains intact in said County
Aid Road Fund.
House Bill No. 219, enacted by the Sixty-fourth General
Assembly, transfers and sets apart from the Post War Reserve
Fund to the County Aid Road Fund the sum of ten million
dollars. It is my opinion that the transfer under House Bill
No. 219 of the Sixty-fourth General Assembly of ten million
dollars to the County Aid Road Fund and the transfer of two
million dollars under House Committee Substitute for House
Bill No. 1035 of the Sixty-third General Assembly to the
County Aid Road Fund would provide a fund of twelve mil-
lion dollars in said County Aid Road Fund. I am sure this
was not the intention of the General Assembly but that the
General Assembly intended to transfer and set apart the total
sum of ten million dollars, and not the sum of twelve million
dollars, to said County Aid Road Fund.
If House Bill No. 219 could be construed to be an appro-
priation bill the Governor under Section 26, Article IV of the
1945 Constitution could reduce the ten million dollars pro-
vided in House Bill No. 219 to eight million dollars, which
would make a total of ten million dollars in said County Aid
Road Fund. However, it is my opinion that House Bill No.
219 is not an appropriation bill but a bill transferring and
setting apart the sum of ten million dollars from the Post
War Reserve Fund to the County Aid Road Fund and has
to be approved or rejected in toto.
It is therefore my opinion that House Bill No. 219 should
not be approved because it would transfer and set aside a
larger sum to the County Aid Road Fund than was contem-
plated or intended.
The veto of House Bill No. 219 will not interfere in any
way with the road building program for the fiscal year 1947-
1948. As above stated, there is now in the County Aid Road
Fund the sum of two million dollars with no obligations in-
curred against it.
The Sixty-fourth General Assembly provided in Section
4,262 of House Bill No. 173, as follows:
256 MESSAGES AND PROCLAMATIONS OF
"Section 4.262. There is hereby appropriated out of the
State Treasury chargeable to the County Aid Road Fund,
the sum of Two Million Dollars ($2,000,000.00) or so
much thereof as may be necessary, to be apportioned
according to law among the counties of the state which
comply with the provisions of law and with the general
plans and specifications and requirements formulated, as
provided by law, granting state aid to counties for the
improvement, construction and restoration of county
roads; for the period beginning July 1, 1947, and ending
June 30, 1948."
I intend to approve said appropriation in said House Bill
No. 173.
The Sixty-fourth General Assembly will reconvene in Jan-
uary, 1948, and at that time can enact a bill transferring and
setting apart to the County Aid Road Fund the sum of eight
million dollars in order that the original program of ten mil-
lion dollars may be carried out.
For the above reasons House Bill No. 219 is hereby
vetoed and not approved.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 30, 1947
From the Journal of the House o/ Repretent&ti'vet, pp,
EXECUTIVE OFFICE, STATE OF MISSOURI, JIFFEBSON
Jtine 80, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No* 172* entitled:
GOVERNOR PHIL M. DONNELLY 257
"AN ACT
'To appropriate money for the payment of wages,
salaries, per diem of the officers and employees; for the
original purchase of property; for the repair and replace-
ment of property; for the operating and general expenses
of the Department of Revenue and the several divisions
thereof; for the payment of the state's part in assessing
and collecting revenue, for the period beginning July 1,
1947, and ending June 30, 1948."
and appended to said bill, at the time of signing it, the follow-
ing statement of the items to which I object, which items are
returned without my approval, for the reasons herein stated,
which said reasons accompany said bill and are my objections
to said items. T
Section 3.161. I veto and do not approve the item of
$25,000.00 in this section to be set up as a State Paper Pro-
curement Revolving Fund for the use of the State Purchasing
Agent, for the purchase of paper for the reason that House
Bill No. 78 of the Sixty-fourth General Assembly, providing
for the establishment of a Paper Procurement Fund to be ad-
ministered by the State Purchasing Agent, failed of passage
in the Sixty-fourth General Assembly. There being no statute
authorizing the appropriation provided for in this section,
this appropriation, therefore, is vetoed and not allowed.
IL
Section 3.162. I veto and do not approve the item of
$200,000.00 in this section for the use of the State Purchasing
Agent for the purchase of paper for State printing for the rea-
son that House Bill No. 78 of the Sixty-fourth General Assem-
bly, providing for the establishment of a State Paper Pro-
curement Revolving Fund for the purchase of paper for State
printing, failed of passage in the Sixty-fourth General
Assembly,
There being no statute authorizing the appropriation pro-
vided for in this section, this appropriation, therefore, is
vetoed and not allowed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
258 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 30, 1947
From the Journal of the House of Representatives, pp. 1378-1381
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON CITY,
June 30, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 445, entitled:
"AN ACT
"To appropriate money for the support of the State
Government for payment of certain contingent and inci-
dental expenses of the State Government, for the period
beginning July 1, 1947, and ending June 30, 1948; and
to appropriate money for the payment of various forms
of relief; for the several departments of the State Govern-
ment, several boards, bureaus, and commissions and state
officers, and persons, firms and corporations for the pay-
ment of which the state may be liable, and appropriating
funds for other purposes for the period beginning July 1,
1947, and ending June 30, 1948, and prior years/'
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
I.
Section 9,061. I have approved the appropriation in
Section 9,061. However, there is a question as to its validity.
The section states that the appropriation is for the relief of
the S. S. Kresge Company because of the over-payment of
foreign corporation qualification taxes* The Supreme Court
of Missouri in a recent case entitled State ex reL H» D. Lee
Company, Inc., vs. Bell, Secretary of State, 195 S. W, (2d)
GOVERNOR PHIL M. DONNELLY 259
492 held that the domestication tax as required for original
entry is not required of a foreign corporation when the amend-
ment of the articles of incorporation of the foreign corpora-
tion are filed extending its corporate existence in the State of
Missouri. However, the S. S. Kresge Company voluntarily
paid the domestication tax and the courts have held that a
voluntary payment of a tax cannot be recovered in the ab-
sence of a statute authorizing it, especially when the payment
is made under a mistake of law.
The General Assembly by statute has authorized the
refund of the erroneous payment of sales tax, income tax,
inheritance tax, and probably other taxes but I believe there
is no statute authorizing the refunding of foreign corporation
qualification taxes. However, the General Assembly in the
past has authorized relief bills for the refunding of taxes.
I am, therefore, approving the appropriation provided for in
Section 9.061 but I deem it advisable to call attention to the
above facts.
II.
Section 9.220. I approve $10,000.00 of the appropriation
in this section and veto and disallow $10,000.00, leaving in
effect $10,000.00. Under the act of the Sixty-second General
Assembly, Laws of Missouri, 1943, page 825, providing for
the construction and maintenance of a State Office Building
in Jefferson City, Missouri, the Board of Public Buildings of
the Division of Public Buildings selects and adopts the plans
for the State Office Building, employs the architect or archi-
tects and is authorized to contract for or secure such archi-
tectural services, advice and supervision, and for the furnish-
ing of detailed plans and specifications as said Board may
deem best and proper. That part of Section 9.220 commenc-
ing in lines 8 and 9 with the words "in accordance" down
to and including "Building" in line 12 is legislation that is
not authorized in an appropriation bill and conflicts with the
provisions of the act of the Sixty-second General Assembly,
found in Laws of Missouri, 1943, at page 825, pertaining to
the construction of the State Office Building. It is my opinion
that the sum of $10,000.00 is adequate for preparing detailed
plans, specifications, and estimates for the construction and
equipment of a State Office Building*
260 MESSAGES AND PROCLAMATIONS OF
III.
Sections 9.250 and 9,260. I have approved the appro-
priation for $1500.00 in Section 9.250 and also the appropria-
tion for $1500.00 in. Section 9.260. I wish to point out, there
is no specific statutory authority authorizing the payment of
per diem and traveling and other expenses to the members of
the five judge committee referred to in these sections. How-
ever, the courts have held that even in the absence of specific
statutory authority, an officer is entitled to reasonable and
actual expenses necessarily incurred for the proper conduct of
the duties of his office and that reimbursement for such ex-
penses is different and separable from compensation. It is
my opinion that the members of the five-judge committee can
legally be paid, from the appropriations provided for in Sec-
tions 9.250 and 9.260, their reasonable and actual traveling
and other expenses incurred during the proper performance of
their duties. It is my opinion that they cannot be paid a per
diem and that said appropriations cannot be used to pay the
per diem of the members of said committee. Legislation to
pay the per diem of the members of this committee cannot be
included in an appropriation act.
As stated, the approval of these appropriations is not
intended to include the per diem of the members of this
committee.
IV.
Section 9.290. I have vetoed and disapproved the item
in line 76, page 26, Section 9.290, "Earns & Co., St. Louis,
Mo — . . „ . .$852.48" for the reason it is a duplication of the
item for the same company and for the same amount in Sec-
tion 9.050, page 4 of House Bill No. 445. I have approved
Section 9.050.
V.
Section 9.341. This section is for an appropriation of
$100,000.00 for the Missouri School of Mines and Metallurgy
at Rolla for the purpose of beginning the construction and
equipping of the laboratory part of the Mineral Industries
Building, for the period beginning January 8, 1947, and end-
ing June 30, 1947. The expiration date, June 30, 1947, evi-
dently was a mistake. The construction of this building could
GOVERNOR PHIL M, DONNELLY 261
not be commenced in the fiscal year ending June 30, 1947.
Therefore said appropriation of $100,000.00 is vetoed and not
allowed.
VI.
Section 9.360. I veto and do not approve the appropria-
tion of $6,000.00 to the Director of the Division of Public
Buildings of the Department of Revenue for the purpose of
furnishing and equipping a State Capitol cafeteria, as pro-
vided for in House Bill No. 363.
House Bill No. 363 was enacted for the purpose of estab-
lishing a cafeteria in the basement or first floor of the State
Capitol Building. At the present time there is no space avail-
able on the first floor of the Capitol Building for a cafeteria.
In my opinion the basement of the Capitol Building is not a
proper place for a cafeteria. House Bill No. 363 authorizes
the Division of Public Buildings of the Department of Reve-
nue to establish and provide the necessary facilities for a cafe-
teria restaurant in the basement or first floor of the State
Capitol Building. The bill then provides that the Director
of the Division of Public Buildings shall have control and
management of the cafeteria. It is my opinion the control
and management of the cafeteria should be vested in the Board
of Public Buildings, Division of Public Buildings of the Depart-
ment of Revenue for the reason that the Board of Public
Buildings has the general supervision and charge of the Capitol
Building. The bill then provides that the Committee on
Accounts of the Senate and the Committee on Accounts of
the House, subject to the approval of the Director of Public
Buildings, may lease the facilities as a concession. The Board
of Public Buildings having the general supervision and charge
of the Capitol Building should also have the authority to exe-
cute leases for concessions if concessions are to be permitted
in the Capitol Building. It is my opinion that the provisions
of House Bill No. 363 are not only unworkable but they con-
flict with the general authority of the Board of Public Build-
ings which has general supervision and charge of the State
Capitol Building.
For these reasons I intend to veto House Bill No. 363.
The appropriation provided for in Section 9.360 is, therefore,
vetoed and not allowed.
262 MESSAGES AND PROCLAMATIONS OF
VII.
Sections 9.372, 9.373, 9.374, 9.375, 9.376, 9.377, 9.378 and
9.379.
In Section 9.372, I veto and do not approve the items in
lines 8 and 9, namely, General Class Room Building $325,-
000.00, Major Agricultural Building, $425,000.00.
In line 10 of said section I approve the item for a Chemi-
cal Building, $250,000.00, for the reasons hereinafter set forth.
In Section 9.373, I veto and do not approve the appro-
priation in this section to Lincoln University for a Library
Building in the sum of $290,000.00.
In Section 9.374, I veto and do not approve the appro-
priation in this section for the Northeast Missouri State
Teachers College for an auditorium in the sum of $290,000.00.
In Section 9.375, I approve the item in line 8 of said sec-
tion, the top of page 33, Power Plant and Equipment, $50,-
000.00, but I veto and do not approve the item in line 9 of
said section for a Practical and Fine Arts Building in the sum
of $310,000.00.
In Section 9.376, I veto and do not approve the appro-
priation in this section for Central Missouri State College for
a Practical Arts and Applied Science Building in the sum of
$350,000.00.
In Section 9.377, 1 veto and do not approve the appropria-
tion in this section for Southeast Missouri State College for a
Science Building in the sum of $310,000,00.
In Section 9.378, I veto and do not approve the appro-
priation in this section for Southwest Missouri State College
for a Library Building in the sum of $430,000,00.
In Section 9.379, I approve $100,000.00 of the appro-
priation of $210,000.00 in this section and veto and do not
allow the sum of $110,000.00, leaving in effect $100,000.00*
Said sum of $100,000*00 is approved for the replacement of
boilers and other equipment in the Power House and for the
beginning of the construction of a temporary wing to the pres-
ent Power House for the purpose of housing the new boilers;
the remainder of said section, namely for the purpose of be-
ginning construction, equipping and furnishing of a new in-
firmary, is vetoed and not approved.
GOVERNOR PHIL M. DONNELLY . 263
In my inaugural message to the Sixty-third General
Assembly on January 8, 1945, I stated "It is estimated that
a surplus of approximately $18,000,000.00 will remain in the
general revenue fund after all current obligations of the past
biennium have been paid. I recommend that this surplus,
and any accumulated surplus as the result of economical
spending, be safeguarded as a backlog for post war projects
and post war employment. Since the war and business inci-
dent thereto have been responsible for this surplus, it would
seem not only the part of good business but a moral obligation
that it be set aside to take care of some of the damage this
war will inflict on Missouri. It is going to require hard-
headed resistance to pressure groups by both the General
Assembly and the Governor in order that this surplus be judi-
ciously spent, and I earnestly recommend to you that you
regard this surplus as a sacred fund."
Said sum of $18,000,000.00 plus an additional $12,000,-
000.00, making $30,000,000.00, was transferred by the Sixty-
third General Assembly in 1945-1946 to the Post War Reserve
Fund from the General Revenue Fund.
In my message to the Sixty-fourth General Assembly in
regard to the Post War surplus fund on January 8, 1947, I
stated: "I recommend that the General Assembly resist all
efforts to raid this surplus fund. It should be preserved as a
sacred trust against the day of need and the unforeseen emer-
gencies of the future/'
This admonition has not been followed*
The appropriations passed by the Sixty-third and Sixty-
fourth General Assemblies from the Post War Reserve Fund
wiped out said $30,000,000.00 surplus and over-appropriated
said Post War Reserve Fund in the sum of $824,144.33. In
other words, if all appropriations and transfers which have
been made were approved said Post War Reserve Fund would
be over-appropriated in the above amount.
I vetoed the transfer of $10,000,000.00 from the Post War
Reserve Fund to the County Aid Road Fund which was pro-
vided for in House Bill No. 219. This sum is still in the Post
War Reserve Fund. However, I anticipate that when the
General Assembly returns next January $8,000,000.00 will be
transferred from the Post War Reserve Fund to the County
Aid Road Fund. If so, I will approve said transfer.
264 MESSAGES AND PROCLAMATIONS OF
The appropriations for buildings contained in the above
sections of House Bill No. 445 are not referred to in House
Bill No. 176, which contains the ordinary appropriations for
these institutions. It is noticeable that the appropriations in
the above sections in House Bill No. 445 were included in
the omnibus bill in the closing days of the session. Each
educational institution was provided with a new building, and
in some instances with more than one. This emphasizes the
recommendation which I made in my inaugural message as
follows:
"Several of the institutions have made requests for new
buildings and others have requested that repairs be made
to buildings already erected. These are matters that
should receive your careful and serious consideration.
I recommend for your consideration the establishment of
a State agency, probably within the Budget Department,
where experienced personnel would have charge of the
erection of new buildings and the repairing and remodel-
ing of buildings already erected. In this way, institu-
tions which are in need of new buildings or which have
buildings in need of repair will be able to have this done
and the unneeded construction of buildings will be pre-
vented. It will also stop the practice of institutions com-
ing before you competing with each other for new
buildings."
Here we have the situation of each educational institution
competing with the others for new buildings.
Each appropriation reads Mfor the purpose of beginning
the construction, equipping and furnishing/* In other words,
the appropriation is for the period July 1, 1947, and ending
June 30, 1948, and it is known in advance that the appropria-
tion is for only the beginning of the construction of the build-
ing* The buildings cannot be completed within the fiscal
year, neither can they be built for the amount of the appro-
priation. As an illustration, the educational institutions made
requests for buildings from the Post War Reserve Fund as
follows: Northeast Missouri State Teachers College requested
an auditorium and equipment to cost $396,203,00, the appro-
priation by the General Assembly was for $290^000.00 for the
GOVERNOR PHIL M. DONNELLY 265
beginning of the construction, equipping, and furnishing of
the auditorium, which means that this institution would be
required to request a future General Assembly for an additional
appropriation of at least $100,000.00. The Northwest State
Teachers College requested an appropriation of $584,000.00
for a Practical and Fine Arts Building and equipment. The
General Assembly appropriated for this building $310,000.00,
which means that this institution would have to request a
future General Assembly for an additional appropriation of
at least $274,000.00. Central Missouri State College requested
$676,416.00 for a Practical Arts and Applied Science Building
and equipment. The General Assembly appropriated $350,-
000.00 for beginning the construction, equipping, and furnish-
ing of this building, which means that this institution would
have to ask a future General Assembly for an additional appro-
priation of at least $326,000.00 to complete the building.
Southeast Missouri State College requested $592,000.00 for
a Science Building and equipment. The General Assembly
appropriated $310,000.00, which means that this institution
would have to ask a future General Assembly for an additional
appropriation of at least $282,000.00 to complete the building.
Southwest Missouri State College requested $720,000.00 for a
Library Building and equipment. The General Assembly
appropriated $430,000.00 for the purpose of beginning the
construction, equipping, and furnishing of a Library Building,
which means that this institution would have to ask a future
General Assembly for an additional appropriation of at least
$290,000.00.
If these appropriations and other appropriations from the
Post War Reserve Fund were approved there would be no
funds left in the Post War Reserve Fund because it is over-
appropriated, which would mean that additional funds to
complete these buildings would have to come from General
Revenue. No one knows how long there will be a surplus in
the General Revenue Fund, especially if heavy demands con-
tinue to be made upon it. I consider it inadvisable and bad
business management to embark upon such an extensive build-
ing program at this particular time, especially in view of the
high cost of materials and labor. There is a need for certain
buildings at some of the eleemosynary institutions and the
266 MESSAGES AND PROCLAMATIONS OF
training schools which I feel are justified and should be con-
structed, even though the cost of materials and labor is high
at this particular time.
I think the General Assembly went on record insofar as
authorizing the construction of library buildings, auditoriums,
and similar buildings are concerned when the House of Repre-
sentatives placed an amendment on an appropriation for an
office building in Jefferson City, Missouri, to the effect that
the construction of said building should not be commenced
until after July 1, 1948. The argument in support of the
amendment was that on account of the present high cost of
materials and labor the office building should not be built
until after July 1, 1948. This appropriation was defeated in
the Senate. If we should wait until after July 1, 1948, to com-
mence the construction of an office building in Jefferson City,
which practically everyone admits is needed, there is all the
more reason why we should wait until after July 1, 1948, to
build an auditorium or a library building or a science building
at the educational institutions.
The Sixty-third General Assembly enacted an appropria-
tion for $5,366,750.00 from the Post War Reserve Fund for
the University of Missouri, School of Mines and Metallurgy,
Lincoln University, and the five Teachers Colleges for the
purpose of building or purchasing or reconstructing buildings
for temporary buildings for the students at these different
institutions. No funds were used for this purpose last year
and the Sixty-fourth General Assembly reappropriated said
amount of $5,366,750.00 for the same purpose for the fiscal
year July 1, 1947, to June 30, 1948, I have approved this
appropriation.
In Section 9.372, I approved the appropriation of $250,-
000.00 for a Chemical Building for the University of Missouri.
The need of a new chemistry building at the University has
long been recognized. The Board of Visitors recommended
it first in 1929-1930 and an appropriation was requested for it
as long ago as 1931-1932. Chemistry is an essential element in
the education of many college students. In addition to pro-
fessional chemists, a number of special groups of students
must have chemistry. The Chemistry Department at the
University has been over capacity for several years* Because
GOVERNOR PHIL M. DONNELLY 267
of this emergency I have approved the appropriation for a
Chemistry Building as provided for in line 10 of Section 9.372.
The Board of Visitors which made its recommendation to
the Governor and to the members of the Sixty-fourth General
Assembly recommended a building program at Missouri Uni-
versity, Lincoln University, Rolla School of Mines and Metal-
lurgy, and the five State Colleges, also the School for the
Blind in St. Louis and the School for the Deaf at Fulton. This
report which supplemented the report of the Board of Visitors
made in 1944 contains a comprehensive study and survey of
the needs of the educational institutions of this State. This
Board of Visitors, among other recommendations, stated:
"Unless other funds are available, we unreservedly recommend
that a bond issue proposal be submitted to the people of the
State of Missouri for the accomplishment of this purpose."
It is my opinion that when the cost of materials and labor
become more stable that the General Assembly should seri-
ously consider recommending to the citizens of Missouri a
bond issue for the construction of the buildings at the different
educational institutions as outlined in the report of the Board
of Visitors. However, I do not believe it is advisable or good
business at this time to embark upon an extensive building
program at these institutions, especially when it is uncertain
where the funds are to come from to complete the program.
I appreciate the fact that whenever a reserve fund is built
up that the natural inclination is to try to get a part of it
but, as stated in my inaugural message, "It is going to require
hardheaded resistance to pressure groups by both the General
Assembly and the Governor in order that this surplus be
judiciously spent. . . ."
VIIL
Section 9.380. In lines 7 and 8 of Section 9.380, one new
cottage, complete with furnishings and equipment, $148,000.00.
I hereby veto ajnd do not allow $23,000.00 of this amount,
leaving in effect the sum of $125,000.00. It is my information
that this cottage can be constructed well within the amount
of $125,000.00.
In line 10 the appropriation for a greenhouse is in the
sum of $5600.00. I hereby veto $3100.00 of said amount, leav-
ing in effect $2500.00 for a greenhouse. It is my information
268 MESSAGES AND PROCLAMATIONS OF
that the sum of $2500.00 is more than adequate to provide
a greenhouse at this institution.
In line 12 the appropriation for a laying house, $2,000.00,
is vetoed and not allowed. It is my information that a lay-
ing house has been built from the appropriation of the 1946-
1947 fiscal year and there is no need at this time for this
building.
The other items in Section 9.380 are approved.
IX.
Section 9,381. I have vetoed and not allowed the sum of
$340,000.00 of the appropriation of $700,000.00 for nine cot-
tages in line 7 of said section, leaving in effect $360,000.00 for
nine cottages. In other words, this is on the basis of $40,-
000.00 for each cottage. The appropriation for the nine cot-
tages is general in its terms and furnishes no definite infor-
mation. However, it is my information that cottages of
adequate dimensions and capacity can be constructed for not
to exceed $40,000.00 each.
In line 8, of said section, I have vetoed the sum of $20,-
000.00 of the $70,000.00 for one staff cottage, leaving in effect
the sum of $50,000.00 which I hereby approve for one staff
cottage.
In line 9, of said section, I have vetoed and not allowed
the sum of $90,000.00 for a Vocational Building. There are
other buildings at the Training School for Boys at Boonville
which can be utilized for vocational purposes. The present
building known as A Company building can be repaired for
approximately $3,000,00 and used for additional commissary
space. There is a large room upstairs in this building which
can be used for a vocational shop. The present building
known as C Company building, which is a large building, can
be repaired, remodeled, and fireproofed for a vocational build-
ing housing six or eight vocational units at an estimated cost
of $20,000.00. To my knowledge no provision has been made
in the present program for the repair or remodeling of these
buildings. Before other new buildings are constructed and
large appropriations authorized the above mentioned buildings
should be utilized for some purpose*
Line 10, I have approved the appropriation of $200tOOO»-
00 for an Education Building.
GOVERNOR PHIL M. DONNELLY 269
Line 11, I have vetoed and not approved the appropria-
tion of $40,000.00 for a Chapel Building. There is a division
of opinion as to what should be done with the present chapel
building. There are those who suggest that it be razed. The
Director of Public Buildings states that the present building
can be repaired for use for approximately $6,250.00. It is
being used at the present time and has been for the past two
years. It is my opinion that a competent engineer should
appraise this building and report the result of his appraisal
before we authorize its destruction and the expenditure of
$40,000.00 for a new Chapel Building. It is my information
that the proposed new chapel building will accommodate two
hundred persons. The present enrollment at the Training
School is 354. The present chapel building has four hundred
chairs and five hundred persons can be seated in it. Also,
the new Education Building, in line 10 which I have approved,
will have an auditorium with a seating capacity of five hundred.
The present gymnasium will seat several hundred.
In line 12, I have vetoed and not allowed the sum of $40,-
000.00 for a Garage Building. In the first place this is too
much money for a garage building. Secondly, I think it should
be ascertained whether or not the present garage building can
be repaired and used (ray information is that it can be for a
nominal amount) , also whether or not an addition can be built
to the present garage building, if additional space is needed.
In line 13, power plant and equipment $200,000.00, I
have approved $120,000.00 of this item and vetoed and not
allowed $80,000.00, leaving in effect $120,000.00. One Hun-
dred Ten Thousand Dollars of the amount approved is for
new generators and boilers and $10,000.00 is for the repair
of the present power plant building. The boilers are in a
building that needs some repair. The generators are in a
building that needs practically no repair. The Director of
Public Buildings states that the repairs for the power plant
can be made for less than $10,000.00.
In line 14, equipment for above named buildings, $105,-
000.00, I have vetoed and not allowed $45,000.00 of this
amount, leaving in effect $60,000.00 which amount I hereby
approve. In view of the fact that the garage, chapel, and
vocational buildings are deleted from this bill the appropria-
270 MESSAGES AND PROCLAMATIONS OF
tion for equipment for the remaining buildings is therefore
reduced to $60,000.00.
In lines 15, 16, and 17, repairs and equipment for present
buildings, including razing the chapel, tailor shop, and boiler
house, $55,000.00. For the reasons heretofore stated, I do
not approve the razing of the chapel and boiler house. I have
no way of knowing how much of the appropriation of $55,-
000.00 was included for razing the chapel and boiler house.
However, I am deducting the sum of $2,000.00 from said
amount for said purpose, leaving in effect $53,000.00 for the
repairs of the present building and for equipment for the pres-
ent buildings. I realize that the buildings at this institution
are in need of repairs and also in need of equipment and I am
approving the greater part of this appropriation for that
purpose.
X.
Section 9.394. I have not approved the appropriation of
$2,000.00 in Section 9.394 for the Missouri Commission on
Interstate Cooperation for the reason, that I am approving
Section 8.030 in House Bill No. 177 which appropriates $5,-
000.00 for this same Commission. The sum of $5,000.00 was
appropriated for the biennium 1943-1944 but only $1,263,76
was expended from this amount. In 1945 the sum of $5,000.00
was appropriated from which the sum of $1,261.56 was ex-
pended. It is my opinion that the appropriation of $5,000.00
as provided in Section 8.030 of House Bill No. 177 is adequate
for the Missouri Commission on Interstate Cooperation for
the year July 1, 1947, to June 30, 1948, therefore, the item of
$2,000.00 in Section 9.394 is vetoed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 271
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 1, 1947
From the Journal of the Howe of Representatives, pp. 1382-1383
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 1, 1947.
To the. Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 173, entitled:
"AN ACT
"To appropriate money to pay the salaries, wages*
and per diem and other expenses of the Civil Officers and
employees and of other departments and agencies of the
State Government as follows: the Executive Officers, the
Secretary of State, the State Auditor, the State Treasurer,
the Attorney-General, Supreme Court, St. Louis Court
of Appeals, Kansas City Court of Appeals, Springfield
Court of Appeals, Circuit and Common Pleas Court
Judges, Special Judges, the Judicial Conference, Magis-
trates, the Department of Business and Administration,
the Department of Conservation, the Highway Depart-
ment, the Department of Labor and Industrial Relations,
the Department of Agriculture, the State Highway Patrol,
the Supervisor of Liquor Control, the Adjutant-General,
the Missouri Military Forces, the State Service Officer,
and Missouri's participation in the Council of State Gov-
ernments; for the period beginning July 1, 1947, and end-
ing June 30, 1948."
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
272 MESSAGES AND PROCLAMATIONS OF
I.
Section 4.010. I have vetoed and not allowed $5,000.00
of the $20,000.00 appropriation for Additions, Repairs, and
Replacements in line 62a on page 3 of this section, leaving
$15,000.00 in effect for Additions, Repairs, and Replacements,
Fifteen Thousand Dollars is the amount that was origi-
nally requested in the budget for the ordinary Additions,
Repairs, and Replacements item and is the amount that was
approved by the House of Representatives.
In view of the fact that it has been several years since the
interior of the Mansion has been decorated, and the further
fact that the installation of an elevator has been recommended,
certain members of the Appropriations Committee of the Sen-
ate requested information as to the approximate cost for such
interior decoration, for certain repairs and the installation of
an elevator. An estimate of the cost was furnished to the
committee and the committee recommended that the item of
Additions, Repairs, and Replacements be increased to $39,-
000.00. This increase was adopted by the Senate. However,
the conference committee reduced the amount from $39,000,-
00 to $20,000.00, which was only $5,000.00 more than the
original budget request, which did not include these extra items.
As the interior decoration, certain repairs, and the instal-
lation of an elevator cannot be done for $5,000.00 said item is
vetoed and not allowed, leaving in effect $15,000.00.
II.
Section 4.170. That part of said section on page 32,
lines 17 to 23, including the sum of $33,725.00 is vetoed and
not allowed. Also, on page 33 of said section, lines 46 to 56,
inclusive, including the sum of $200,000,00 is vetoed and not
allowed for the reason that the above items of compensation,
salaries, and expense are included in Section 9,383, page 35 of
House Bill No. 445 in the sum of $250,000,00, which amount
1 have approved. Therefore, said sum of $33,725,00 and
$200,000.00 in said Section 4.170 is a duplication and, there-
fore, not allowed .
HI.
Section 4.290. I hereby veto and do not approve $82,-
000.00 of the appropriation of $150,000.00 in line 29, page 49>
GOVERNOR PHIL M. DONNELLY 273
Section 4.290, leaving in effect $68,000.00 for repairs and
replacements; $68,000.00 is the amount requested in the budget
for this item and no explanation has been given why a larger
amount should be appropriated.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 9, 1947
From the Journal of the House of Representatives, pp. 189&-1397
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 9, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without
my approval, House Bill No. 363, entitled:
"AN ACT
"To authorize and direct the Division of Public
Buildings of the Department of Revenue to establish a
cafeteria for state employees; and providing that the
Director of the said Division of Public Buildings shall
have control and management of said cafeteria."
House Bill No. 363 was enacted for the purpose of estab-
lishing a cafeteria in the basement or first floor of the State
Capitol Building. At the present time there is no space avail-
able on the first floor of the Capitol Building for a cafeteria.
In my opinion the basement of the Capitol Building is not a
proper place for a cafeteria. House Bill No. 363 authorizes
the Division of Public Buildings of the Department of Reve-
nue to establish and provide the necessary facilities for a cafe-
teria restaurant in the basement or first floor of the State
274 MESSAGES AND PROCLAMATIONS OF
Capitol Building. The bill then provides that the Director
of the Division of Public Buildings shall have control and man-
agement of the cafeteria. It is my opinion the control and
management of the cafeteria, if one is established, should be
vested in the Board of Public Buildings, Division of Public
Buildings of the Department of Revenue for the reason that
the Board of Public Buildings has the general supervision and
charge of the Capitol Building. The bill then provides that
the Director of the Division of Public Buildings may, subject
to the approval of the Committee on Accounts of the Senate
and the Committee on Accounts of the House, lease the facili-
ties as a concession. The Board of Public Buildings having
the general supervision and charge of the Capitol Building
also should have the authority to execute leases for conces-
sions if concessions are to be permitted in the Capitol Building.
It is my opinion that the provisions of House Bill No. 363
are not only unworkable but they conflict with the general
authority of the Board of Public Buildings which has general
supervision and charge of the State Capitol Building.
I think Section 2 of the bill is too restricted. It states:
"Section 2. The said cafeteria shall be for the use and
convenience of the employees of the State of Missouri,
including the General Assembly and its employees."
For the above reasons I cannot approve this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 275
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 11, 1947
From the Journal of the House of Representatives, pp. 1399-1400
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
July 11, 1947,
To the Secretary of State of the State of Missouri;
Sir: I hand you herewith, with my veto and without my
approval, House Bill No. 181, entitled:
"AN ACT
"To amend Section 10366 of an Act of the 62nd Gen-
eral Assembly found in Laws of Missouri, 1943, pages
893 to 896, both inclusive, relating to School Moneys and
How Applied, the Form of Warrants to be Used and the
Funds upon which they shall be drawn, *by striking out
of line 133 between the words "disincorporated" and the
* V the words "by state or federal agencies" and' by insert*
ing after the period in line 138 and before the word 'No'
in line 139 the following: 'When any real or personal
property remains in any such disincorporated district the
county court shall appoint some competent person to act
as trustee for the school district so disincorporated, who
shall sell any property belonging to such disincorporated
school district. The county court may allow a reason-
able fee not to exceed three per cent of the proceeds of
any such sale. The remaining proceeds shall be placed
in the county treasury and distributed in the same man-
ner as other funds belonging to the disincorporated school
district/ "
House Bill No. 181 seeks to ameud Section. 10366 of atx
act of the Sixty-second General Assembly, found in Laws of
Missouri, 1943, pages 893 to 896, inclusive, the part amended
appearing on page 896*
276 MESSAGES AND PROCLAMATIONS OF
Said amendment is by striking out certain words and also
by inserting certain words. Section 28, Article III of the 1945
Constitution provides:
". . . No act shall be amended by providing that
words be stricken out or inserted, but the words to be
stricken out, or the words to be inserted, or the words
to be stricken out and those inserted in lieu thereof, to-
gether with the act or section amended, shall be set forth
in full as amended."
The courts have strictly construed the above provision of the
Constitution.
In Section 1, page 2, line 5, after the word "drawn" and
before the word "be" the following words appearing in the
title are omitted, to-wit:
"by striking out of line 133 between the words 'disincor-
porated' and the V the words 'by state or federal
agencies.' "
However, said words "by state or federal agencies" are prop-
erly stricken out of Section 10366 of House Bill No. 181.
On page 3, line 44, after the word "sum" the word "of"
should be inserted because it appears in Section 10366 of the
act found in Laws of Missouri, 1943, at page 896.
However, there is an error in House Bill No. 181 which
I consider vital. In lines 133 and 134 of Section 10366 of
Laws of Missouri, 1943, on page 896, it refers to "the treasurer
for the school district," House Bill No. 181, page 6, line 143,
refers to "the treasurer of the county." No reference to such
change is made in the title or in Section 1 of said bill and as
House Bill No. 181 is an act to amend Section 10366 arid not
to repeal and reenact, the particular words that are stricken
out and those that are stricken out and inserted in lieu thereof
must be specifically stated in the title. No reference is made
in the title to the words "the treasurer for the school district"
or to the words "the treasurer of the county/" The use of
the words "the treasurer of the county" is not only erroneous
but is not within the scope of the amendment set forth in
the title.
GOVERNOR PHIL M. DONNELLY 277
On page 6, line 139, the word "are" appears before the
word "levied." In the original section in Laws of Missouri,
1943, at page 896, this is "were levied." Said change of
"were" to "are" is not referred to in the title.
On page 6, line 145, the word "balance" is "balances"
in Section 10366 of the act found in Laws of Missouri, 1943,
at page 896.
Because of the above errors this bill is vetoed and not
approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 11, 1947
From the Journal of the House of Representatives, pp. 1403-1404
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 11, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, House Bill No. 290, entitled:
"AN ACT
"To repeal Sections 9387 to 9395, both inclusive, be-
ing all of Article 6, Chapter 51 of the Revised Statutes of
Missouri, 1939, relating to the Missouri State School for
feeble-minded and epileptic, and to enact in lieu thereof
eight new sections relating to the same subject to be known
as Sections 9387, 9388, 9389, 9390, 9391, 9392, 9393 and
9394."
Section 9392, page 4, lines 2 and 3, refer to the Director
of the Division of Mental Hygiene. This same reference is
made in, Section 9393, lines 2 and 3; also, itx Section 9393,
line 15.
278 MESSAGES AND PROCLAMATIONS OF
In view of the fact there is no Director of the Division of
Mental Hygiene because House Bill No. 332 creating the Divi-
sion of Mental Hygiene was not passed by the Senate, there is
no authority of law authorizing a Division of Mental Hygiene.
Said House Bill No. 332 was pending on the third reading
calendar of the Senate at the time of its recess on June 12,
1947. As House Bill No. 332 created and established the Divi-
sion of Mental Hygiene, it is the key bill. Therefore, House
Bill No. 290 would be ineffective without the enactment of
House Bill No. 332.
In re-writing House Bill No. 290 I suggest that Section
9387, Revised Statutes of Missouri, 1939, be included in the
bill for the reason that it is the section establishing the insti-
tution known as the Missouri State School. Also, in re-writ-
ing House Bill No. 290 in Section 9387, page 2, line 14, the
word "substantially" should be "substantial." I also call
attention to the fact that if the Missouri State School No. 2
at Carrollton is to be used in connection with and as a part
of the Missouri State School at Marshall that reference to the
administration of the Missouri State School No, 2 at Carroll-
ton should be included in this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 11, 1947
From the Journal of the House of Representatives, j?» 1404
EXECUTIVE OFFICE, STATE OF MISSOURI, -JtoimsoN CITY,
July 11, 1047,
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval House Bill No, 291, entitled:
GOVERNOR PHIL M. DONNELLY 279
"AN ACT
"To repeal Sections 9634 and 9635 of an act of the
61st General Assembly known as House Bill No. 456,
approved July 30, 1941, and found in Laws of Missouri,
1941, Page 320, relating to transfer of management and
property of the state home for children at Carrollton
to the management of the Missouri State School at
Marshall."
House Bill No. 291 repeals Sections 9634 and 9635 of an
act of the Sixty-first General Assembly found in Laws of
Missouri, 1941, at page 320.
In view of the fact that Section 9634 of the act of the
Sixty-first General Assembly found in Laws of Missouri, 1941,
at page 320, establishes the institution at Carrollton, Missouri,
known as Missouri State School No. 2, and which is used in
connection with and as a part of the Missouri State School
at Marshall, Missouri, as a colony for the feeble-minded and
epileptic in accordance with the provisions of Article 6, of
Chapter 51, Revised Statutes of Missouri, 1939, I do not
believe that said Section 9634 should be repealed.
Therefore, I have vetoed and do not approve House Bill
No. 291.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 11, 1947
From the Journal of the House of Representatives, p. 1408
EXECUTIVE OFFICE, STATE OF MISSOURI, 'JEFFERSON CITY,
July 11, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval. House Bill No. 296, entitled:
280 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To repeal Sections 26 to 30, both inclusive, of an
act of the 63rd General Assembly, known as Senate Bill
No. 349, approved May 3, 1946, relating to the powers
and duties of the division of mental diseases of the depart-
ment of public health and welfare and the management
and control over the state hospitals and state schools,
and to enact in lieu thereof five new sections, relating to
the same subject, to be known as Sections 26, 27, 28,
29 and 30."
House Bill No. 296 refers to the Division of Mental Hy-
giene of the Department of Public Health and Welfare in a
number of places in the bill. There is no Division of Mental
Hygiene of the Department of Public Health and Welfare.
House Bill No. 332 of the Sixty-fourth General Assembly
seeks to amend an act of the Sixty-third General Assembly,
creating and establishing as a department of State govern-
ment a Department of Public Health and Welfare composed
of three divisions, one of which was the Division of Mental
Hygiene. House Bill No. 332 passed the House but was on
the calendar for third reading in the Senate at the time the
Senate recessed, June 12, 1947.
In view of the fact that the Division of Mental Hygiene,
as provided for in House Bill No. 332, has not been created
and there is no authority of law for a Division of Mental Hy-
giene, House Bill No. 296 will have to be vetoed.
Respectfully submitted,
PHIL M* DOKNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 281
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 23, 1947
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 23, 1947.
To the Secretary of State of the State of Missouri:
Sir : I hand you herewith, with my veto and without my
approval, House Bill No. 260, entitled:
"AN ACT
"To amend Section 12098, Revised Statutes of Mis-
souri, 1939, by striking therefrom, in Line 43 thereof the
word Tive' and by substituting in lieu thereof at the same
place the word 'seven,' and to amend Section 12145, Re-
vised Statutes of Missouri, 1939, by striking therefrom
after the comma on the sixth line the words 'and if the
ballots and the poll lists still do not agree after such rejec-
tion, they shall reject all ballots not numbered as required
by this article, and no ballot not numbered shall be
counted/ both relating to and providing for the registra-
tion of voters and holding of elections in all cities of
300,000 to 700,000 inhabitants."
There are several errors in this bill which make it nec-
essary to veto it. The title of this bill states that it is to amend
Section 12098, Revised Statutes of Missouri, 1939, by strik-
ing out the word "five" and inserting in lieu thereof the word
"seven" and to amend Section 12145 by striking out certain
words.
In view of the fact that this act is to amend and not to
repeal and reenact, I call attention to Section 28, Article III
of the 1945 Constitution, which provides:
"» . * No act shall be amended by providing that
words be stricken out or inserted, but the words to be
stricken out, or the words to be inserted, or the words
282 MESSAGES AND PROCLAMATIONS OF
to be stricken out and those inserted in lieu thereof, to-
gether with the act or section amended, shall be set forth
in full as Amended."
The courts have strictly construed this provision of the
Constitution. Therefore, only those changes referred to in
the title can be made in re-writing the sections in the bill.
The first error appears in the title, line 10, the word "so"
is omitted between the word "not" and the word "numbered."
In other words, in Section 12145 of the 1939 Statutes it reads
"and if the ballots and the poll lists still do not agree after
such rejection, they shall reject all ballots not numbered as
required by this article, and no ballot not so numbered shall
be counted." (Underscoring mine.)
In Section 1, page 1, in referring to the words stricken out
of Section 12145 a part of the words to be stricken out are
omitted. In other words, in Section 1, lines 6 to 9, it states:
"and if the ballots and the poll lists still do not agree
after such rejection, they shall reject all ballots not num-
bered as required by this article."
The words "and no ballot not numbered shall be counted"
should follow the word "article." Of course, as stated, the
word "so" is omitted from that part.
In Section 12098, line 5, are the words "equally divided,"
while in Section 12098 of the 1939 Statutes it states "divided
equally/' that is, the words are transposed.
In Section 12098, line 16, the word "elect" appears in
this line while in Section 12098 of the 1939 Statutes it is
"direct." In other words, the present section of the Statutes
reads: "and to do and perform any and all acts which the
said board or any two members thereof shall direct." The
word "elect" does not appear in the title and has aa altogether
different meaning from the word "direct."
Also, in line 22 of said section, the word "persons" is
used, while the statutes uses the word "person." Then follow-
ing the word "persons" in line 22 or at the beginning of line
23, there should be the word "so," which word is in the 1939
Statutes but is omitted in copying this bill
GOVERNOR PHIL M. DONNELLY 283
In Section 12145, in line 1, it is "elections," while in Sec-
tion 12145 of the 1939 Statutes it is "election/* In line 2 of
said section it is "boxes," while in the Statutes it is "box."
When you undertake to amend a section by striking out
certain words and inserting other words in lieu thereof or
amend by striking out certain words you are limited and re-
stricted to the words stricken out and inserted or the words
stricken out.
For these reasons I have not approved this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 25, 1947
From the Journal of the Hottae of Representatives, pp. 1527-1528
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 25, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No, 283, entitled:
"AN ACT
'To appropriate money out of the Post War Reserve
Fund for the repairing of present buildings, for the con-
structing and equipping of new buildings and for the
acquisition of land at State Hospital No. 1, Fulton; State
Hospital No. 2, St. Joseph; State Hospital No. 3, Nevada;
State Hospital No. 4, Farmington; Missouri State Schools,
Marshall and Carrollton, and the Missouri State Sana-
torium, Mt, Vernon, for the period beginning July 1,
1947, and ending June 30, 1948*"
284 MESSAGES AND PROCLAMATIONS OF
and append to said bill, at the time of signing it, the following
statement of the item to which I object, which item is returned
without my approval, for the reasons herein stated, which said
reasons accompany said bill and are my objections to said item.
I.
Section 2. The appropriation of $1,500,000.00 for a hos-
pital building at the Missouri State Sanatorium, Mt. Vernon,
Missouri, set forth in Section 2 of House Bill No. 283 is vetoed
and not approved.
There have been no plans, specifications, or estimates pre-
pared or submitted for the construction of this proposed new
hospital building.
There are several reasons why it would not be advisable
to build a new hospital unit at the Missouri State Sanatorium
at Mt. Vernon at this time.
Statistics show that a much larger percentage of tuber-
cular patients come from the southeastern part of the State
than from any other. It is the opinion of those in charge of
the State Department of Public Health and Welfare that,
considering the present rate of curing tubercular cases, we
will reach a point in the next few years where the need for
additional beds should gradually decrease rather than increase.
That there would be a distinct advantage to the State at this
time if there were an appropriation for the construction of a
hospital unit in the southeastern part of the State, constructed
on a pattern which would permit its use during the next few
years for tubercular patients, but which could later be devoted
to general hospital uses if necessary. With the new hospital
construction program, in which the Federal government co-
operates with the states on a matching basis, the institutions
serving only tubercular patients should be relieved somewhat
because one of the requirements of the Federal government is
that general hospitals built under this program shall be
equipped to handle all kinds of cases, including tuberculosis*
There would be no particular loss to the State in locating such
a hospital unit in the southeastern part of the State from an
administrative standpoint, because even if another unit were
built at Mt. Vernon practically the only thing that could be
utilized from their present equipment would be the X-ray
GOVERNOR PHIL M. DONNELLY 285
apparatus. I am advised that the present sewage and water
facilities at the Mt. Vernon Sanatorium would not be ade-
quate to carry an additional hospital unit at that institution;
also, that the Sanatorium at Mt. Vernon has about reached
the point of maximum efficiency from the standpoint of size.
If there should develop an increased demand for the treat-
ment of tuberculosis victims as a result of the mobile X-ray
units now in operation, there is no reason why the appropria-
tion for a new hospital unit should not be used in that part
of the State where the majority of the new cases are discovered.
On account of the importance of this subject, the number
of questions involved, and the amount of funds proposed to
be spent, I think this matter should be given further
consideration.
The appropriation provided for in Section 1 of House Bill
No. 283 for the Sanatorium at Mt. Verixon for additions,
repairs, and replacements should provide more beds than
there are at present at this institution and greatly improve
the present institution.
II.
Section 7. I am approving the items in Section 7 of House
Bill No. 283. However, it is my opinion that the appropria-
tion for the construction of buildings at the State School at
Marshall is inadequate. There are 730 on the waiting list at
the present time. The appropriation provided for in Section
7 will accommodate only about sixty per cent of those now
awaiting admission to this institution.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
286 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
JULY 25, 1947
From the Journal of the House of Representatives, pp. 1529-15S1
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 25, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, House Bill No. 123, entitled:
"AN ACT
'To repeal Articles 2, 3, and 4 of Chapter 48 con-
sisting of Sections 8993 to 9033, both inclusive, of the
Revised Statutes of Missouri, 1939, relating to the con-
trol and regulation of the Missouri Training School for
Boys, the State Industrial Home for Girls, and the State
Industrial Home for Negro Girls, and to enact in lieu
thereof twenty new sections, to be known as Sections 8993
to 9012, relating to the same subject and providing for
the control and regulation of the State training schools
for boys and girls, providing for payment for the support
of children in said training schools, authorizing commit-
ments of children to the State Board of Training Schools,
prescribing the powers of such board and prescribing
penalties for violations of this act."
House Bill No. 123 is one of a series of bills recommended
by the Missouri Children's Code Commission.
The general subject of the treatment and correction of
delinquent minors and the jurisdiction of the juvenile courts
in Missouri are set out in Sections 9673 to 9718 inclusive.
Articles 9 and 10, Chapter 56, Revised Statutes o! Missouri,
1939. The repeal of the above sections in Articles 9 and 10
and the enactment of new sections relating to the same sub-
ject matter was introduced as House Bill No. 122 in the Sixty-
fourth General Assembly on February 12, 1947, along with
GOVERNOR PHIL M. DONNELLY 287
House Bill No. 123 and undoubtedly were considered as com-
panion bills. These two bills attempted to provide a com-
plete scheme for the care, protection, discipline, and punish-
ment of minors within the meaning of said acts, who are
delinquent or are charged with a crime. House Bill No. 122
failed of perfection in the House of Representatives in April,
1947. A number of other bills recommended by the Missouri
Children's Code Commission also failed of passage.
House Bill No. 123, which was passed, repeals Sections
8993 to 9033, inclusive, being Articles 2, 3, and 4 of Chapter
48, Revised Statutes of Missouri, 1939. Among the sections
repealed are Sections 8998, 9011, and 9025, Revised Statutes
of Missouri, 1939.
Section 8998, Revised Statutes of Missouri, 1939, pro-
vides that any person under the age of seventeen convicted
of a crime, which if committed by persons over the age of
seventeen years is punishable by imprisonment in the Peni-
tentiary for a term of not less than ten years, may be punished
in the same manner as provided for the punishment of persons
over the age of seventeen, or if a boy, he may be imprisoned
in the Penitentiary or committed to the Missouri Training
School for Boys; and that any boy under the age of seventeen
convicted of any other felony, may be committed to the Mis-
souri Training School for Boys, and that any boy under the
age of seventeen years convicted of a misdemeanor may be
committed to the Missouri Training School for Boys. Said
section also prohibits the punishment of such a boy by im-
prisonment in the county jail.
Section 9011, Revised Statutes of Missouri, 1939, pro-
vides that every girl over the age of twelve and under the age
of twenty-ones convicted of any offense not punishable with
imprisonment for life, may be sentenced to the Industrial Home
for Girls until she reaches the age of twenty-one years. Girls
under the age of twelve may be placed under the control of
the State Social Security Commission. In this connection I
might add that Senate Bill No. 349 of the Sixty-third General
Assembly, Section 31, lines 1 to 11, inclusive, provides in sub-
stance that all powers and duties heretofore under the control
and administration of the State Social Security Commission
shall hereafter be under the control and administration of the
288 MESSAGES AND PROCLAMATIONS OF
Department of Public Health and Welfare. However, if Sec-
tion 9011 is repealed by House Bill No. 123 then there would
be no law governing the placing of girls under the age of
twelve years under the control and jurisdiction of the Depart-
ment of Public Health and Welfare, if they were found guilty
of violating the provisions of Section 9011, because such
authority would be taken away by the repeal of Section 9011.
Nor would such girls be committed to the State Board of Train-
ing Schools because Section 8994 of House Bill No. 123, lines
7 to 10, inclusive, specifically states:
'The following persons shall not be committed to such
board: (1) any child whom the court finds to be in need
of parental care in a family home; . . ."
Section 9025 provides that every Negro girl over the age
of ten and under the age of twenty-one years, convicted of
any offense not punishable with imprisonment for life, may
be sentenced to the Industrial Home for Negro Girls until
she reaches the age of twenty-one years.
These are the only sections specifically authorizing the
commitment for crime of boys under the age of seventeen
years, white girls over the age of twelve and under the age of
twenty-one and Negro girls over the age of ten and under the
age of twenty-one, to the various training schools, although
Section 9700, Revised Statutes of Missouri, 1939, which has
not been repealed, would still authorize the judge of any court
having jurisdiction of delinquent children to cause such chil-
dren to be tried under the general law, In other words, if
House Bill No. 123 were approved and became a law there
would be no specific provision authorizing the commitment of
minors convicted of a crime to the various training schools*
It may be that minors tried and convicted of a crime could
be sent to the Penitentiary or to the Intermediate Reformatory
at Algoa under the general law, since Section 9700, Revised
Statutes of Missouri, 1939, provides that they may be tried
under the general law. However, it is doubtful if a court
would have authority to commit such minors to the various
training schools in view of the repeal of the above mentioned
sections by House Bill No. 123. If courts do have a right
to commit minors, who are charged and convicted of a crimef
GOVERNOR PHIL M. DONNELLY 289
to the training schools it would be by virtue of Section 8994
of House Bill No. 123 and solely by virtue of the use of the
words "Circuit Court" in said section, and then only by im-
plication, since only a Circuit Court could have jurisdiction of
such minors when they are charged and convicted of a crime.
Reference is made in Section 8994, page 2, House Bill
No. 123, lines 4 and 5, of a boy or girl who is found by the
juvenile or circuit court to be "in need of residential training
school education and discipline." No definition is given in
House Bill No. 123 of these words. However, I assume that
the use of this language is an attempt to remove any impli-
cation from the classification of our institutions for juvenile
delinquents as penal or correctional institutions.
Suppose minors are convicted of a crime and committed
to the State Board of Training Schools. Such commitment
under House Bill No. 123 would be for an undeterminate
period of time. In view of the provisions of Senate Committee
Substitute for Senate Bill No. 347 of the Sixty-third General
Assembly, the Board of Training Schools probably is author-
ized to release on parole juveniles committed to the institu-
tions under its control. However, Section 8996 of House Bill
No. 123, authorizes the Board of Training Schools with the
approval of the Director of the State Department of Correc-
tions, to transfer any person who has been convicted of a
crime and committed to its custody, and who has reached
the age of eighteen years, to any State adult correctional insti-
tution. If such person were committed for an indeterminate
period of time and later transferred to the Penitentiary or to
the Intermediate Reformatory at Algoa, after reaching the
age of eighteen years, how long would such person have to
serve and what board or person would determine when such
sentence should be terminated? The inmates at the Inter-
mediate Reformatory at Algoa and the Penitentiary serve
definite terms and not indeterminate terms and the Statutes
provide a procedure for their release. House Bill No. 123
does not provide for such release.
Section 8994 of House Bill No. 123, if it can be construed
to apply to commitments for crimes, only authorizes the sen-
tencing of a boy over the age of twelve and under the age of
eighteen and does not provide for sentencing boys twelve or
290 MESSAGES AND PROCLAMATIONS OF
under as does the present law. Neither would such section
authorize the sentencing of girls twelve years and under to
the training schools who have been convicted of a crime.
Neither could children found guilty of delinquency be sen-
tenced to such training schools who are twelve years or under.
Section 9025, which is repealed by House Bill No. 123,
provides for the commitment of Negro girls over the age of ten.
Other conflicts could be mentioned which would arise if
House Bill No. 123 were approved. I believe that if House
Bill No. 123 were enacted into law that it would cause con-
fusion and doubt. I believe there would be conflicting inter-
pretations by the various circuit courts and juvenile courts
in dealing with girl minors under twenty-one and boy minors
under seventeen. I believe the law should be clear and spe-
cific with reference to the commitment of minors who are
charged and convicted of a crime or who are found delinquent
and that such commitments should not be left to doubt or
implication.
The Children's Code Commission submitted a number of
bills to the Sixty-fourth General Assembly and, no doubt,
intended to provide a complete scheme for the discipline and
punishment of minors under the age of twenty-one years, but
it is my opinion that House Bill No. 123 standing alone with-
out the support of other bills sponsored by the Children's
Code Commission would cause too much conflict and confu-
sion if it were enacted into law. Therefore, said bill is not
approved.
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 291
TO THE SENATE
APRIL 17, 1948
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON Crnr,
April 17, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return herewith to you, with my veto and without my
approval, Senate Bill No. 43, entitled:
"AN ACT
"To provide for the compulsory attendance of wit-
nesses in criminal proceedings pending in courts in this
or other states when such witnesses are without this state
or without any other state in which such criminal pro-
ceedings are being had or conducted."
Lines 1 to 14, inclusive, Section 2, page 2, Senate Bill
No. 43, provide in substance that if a judge of a foreign state
certifies under the seal of his court that there is a criminal
prosecution pending in such court or that a grand jury inves-
tigation has commenced, or is about to commence, and that
a person within the State of Missouri is a material witness
in such prosecution, or grand jury investigation, upon pres-
entation of such certificate to any judge of a court of record
in Missouri in the county in which such person is, such judge
shall fix a time and place for a hearing and shall make an
order directing the witness to appear at a time and place for
the hearing.
Lines 15 to 31, inclusive, of Section 2, page 2, provide
in substance that the judge in this State may determine
whether or not a witness is material and necessary in a cause
pending in another state. If such determination is made a
summons shall be issued to the witness with a copy of the
certificate of the judge of the foreign state attached, directing
the witness to attend and testify in the court where the prose-
cution is pending.
292 MESSAGES AND PKOCLAMATIONS OF
It has long been held by eminent text writers and the
courts that the orders and judgments of a foreign court have
no validity in a sister state, and that a state court may not
compel the attendance in a state court of a witness who resides
outside the state. In 70 C. J. at page 42, the test on this
subject is stated as follows: "A state court cannot, of course,
compel the attendance of a witness who resides out of the
state." The Supreme Court of Missouri in the case of State
vs. Pagels, 92 Mo. 300, 1. c. 308, in speaking of the action of
a trial court in refusing a continuance in a criminal case where
witnesses resided outside the State and in holding that the
denial of the continuance on that ground was not error said,
"and the refusal of the continuance involved no denial of a
constitutional right. The right to compulsory process for wit-
nesses does not, and cannot, extend to non-resident witnesses."
Another Missouri case holding to the same effect that a
State court may not compel a witness from another state to
appear in such State court to testify, was the case of State vs.
Butler, 67 Mo. 59. This was a criminal case wherein, among
other matters discussed by the Court in the case, was the
question of the execution of process by one state within the
jurisdiction of another state. The Court, 1. c. 62 and 63, in
holding that the constitutional guaranty of the right to com-
pulsory process for witnesses meant such process could only
be executed in the state where process was issued, and where
the defendant was being tried, said:
". . . As to that provision of the constitution which
allows the accused to have compulsory process for wit-
nesses, we discover not the slightest antagonism between
that and the statute under consideration. It is of fre-
quent occurrence in ciminal prosecutions, that witnesses
are beyond the reach of compulsory process of that juris-
diction where the prisoner is arrested, and yet this is never
deemed to be an obstacle in the way of ultimate con-
viction. If it were, many a felon would escape punish-
ment altogether. That constitutional provision has evi-
dent reference to only such process as the State, where
the prosecution, is had, can execute within her own borders.
If the argument that defendant cannot be tried but where
he can have compulsory process for his witnesses, be
GOVERNOR PHIL M. DONNELLY 293
sound, then when taken to Kansas to be tried for the
original larceny, precisely the same difficulty would be
encountered, for on arrival there, the State of Kansas
would possess no power to execute criminal process with-
in our borders for defendant's witnesses resident in this
State: . . . ."
Numerous other states have announced the same rule and
holding. See following cases: State ex rel. Brainard vs. Dis-
trict Court, 243 Pac. 123 (Wyoming). Hey vs. Emerson, 135
S. W. 294 (Kentucky). State ex rel. Coe vs. District Court,
235 Pac. 766 (Montana). Diamond vs. Earle, 105 N. E. 363
(Massachusetts). Redmond vs. State, 59 So. 181 (Alabama).
Burns vs. Armine, et al., 131 Pac. (2d) 884 (Kansas).
It is equally well settled that it is beyond the power of
the legislature to authorize process to be effective outside the
territory of the state. State ex rel. v. Wilder, 196 Mo. 418,
1. c. 431.
Only one case is found in the reports holding that a statute
authorizing a state court to compel a witness in the state to
appear and testify in a criminal trial in an adjoining state has
been held constitutional. That is the case of Commonwealth
of Massachusetts vs. Klaus, 130 N. Y. S. 713. However, one
of the strong reasons for upholding the statute, that due
process of law was accorded the witness, was the following
statement, 1. c. 717, "he must be given notice and an oppor-
tunity to be heard before a subpoena can be issued."
Lines 32 to 42, inclusive, Section 2, pages 2 and 3, are
as follows:
"If said certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the
requesting state to assure his attendance in the request-
ing state, such judge may, in lieu of notification of the
hearing, direct that such witness be forthwith brought
before him for said hearings; and the judge at the hearing
being satisfied of the desirability of such custody and
delivery, for which determination the certificate shall be
prima facie proof of such desirability may, in lieu of issu-
ing subpoena or summons, order that said witness be
forthwith taken into custody and delivered to an officer
of the requesting state."
294 MESSAGES AND PROCLAMATIONS OF
It will be noted that in lines 11 to 14 of Section 2 it is
provided that "such judge shall fix a time and place for a
hearing and shall make an order directing the witness to appear
at a time and place certain for the hearing." Also, it will be
noted in lines 15 and 16 of Section 2 that "if at a hearing the
judge determines that the witness is material and necessary
. . * (Lines 24 to 29) he shall issue a summons with a copy
of the certificate attached, directing the witness to attend aad
testify in the court where the prosecution is pending, etc."
The above provision is in direct conflict with the provisi-
sion in lines 32 to 42, inclusive, of Section 2, whereby provi-
sion is neither made for notice of hearing nor the issuance of
summons. In fact, it is stated in lines 32 to 42, that if said
certificate (which means the certificate of the court of record
of a foreign state) recommends that the witness be taken into
immediate custody and delivered to an officer of the request-
ing state to assure his attendance in the requesting state,
such judge may direct that such witness be forthwith brought
before him for hearing without the benefit of notice of such
hearing; and the judge at the hearing being satisfied of the
desirability of such custody and delivery may order that said
witness be forthwith taken into custody and delivered to an
officer of the requesting state. According to this procedure it
is not necessary that the judge determine that the witness is
material and necessary, that it will not cause undue hardship
to the witness to be compelled to attend and testify in the
prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is
pending, or grand jury investigation has commenced or is
about to commence, (and of any other state through which
the witness may be required to pass by ordinary course of
travel), will give to him protection from arrest and the serv-
ice of civil and criminal process, but merely that the judge
be satisfied of the desirability of such custody and delivery.
Neither is it made necessary for a subpoena to be issued.
This is a flagrant and oppressive denial of the rights of
the citizen and constitutes a violation of the due process of
law clause of the 14th Amendment to the Constitution of the
United States, which provides ". . . No State shall make
or enforce any law which shall abridge the privileges or immu-
nities of citizens of the United States, nor shall any State
GOVERNOR PHIL M. DONNELLY 295
deprive any person of life, liberty or property without due
process of law, nor deny to any person within its jurisdiction
the equal protection of the laws," and it violates Section 10,
Article 1 of the Constitution of Missouri which provides "That
no person shall be deprived of life, liberty or property without
due process of law."
It would be difficult to imagine a more definite denial of
the process of the law than is revealed in lines 32 to 37, inclu-
sive, of Section 2 of said MIL In other words, if the certificate
of the court of a foreign state recommends that a witness in
Missouri "be taken into immediate custody and delivered to
an officer of the foreign state to assure his attendance in the
foreign state, the judge in Missouri may without notice to the
witness of a hearing direct that such witness be brought be-
fore him for a hearing; and the judge at the hearing being
satisfied not that the witness is material and necessary but that
the custody and delivery of the witness is desirable, may in
lieu of issuing a subpoena or summons, order the witness to
be forthwith taken into custody and delivered to an officer of
the foreign state. The order directing the witness to appear
for a hearing, as is provided for in lines 12 to 14, inclusive, of
Section 2, is brushed aside by the certificate of a judge of a
foreign state saying that a citizen of this state should be taken
forthwith into personal custody and delivered to an officer of
a foreign state. The witness is thereby denied the right of
notice of a hearing which may result in the removal from the
state of a citizen to undergo the hazards of any eventuality
that might transpire in his sojourn in the foreign state. Under
these circumstances the witness would certainly be taken into
manual custody against his will without a hearing and taken
to a foreign state to testify in a proceeding in that state. I
cannot believe that the courts of Missouri would uphold the
validity of a statute of that kind.
There was a strong dissenting opinion in the above case
of Commonwealth of Massachusetts vs. Klaus.
I think Senate Bill No. 43 is much broader than the
statute referred to in the case of Commonwealth of Massa-
chusetts vs. Klaus.
In Senate Bill No. 43, as above stated, the citizen witness
may be denied a notice and hearing altogether, according to
the certificate of the judge of a foreign state court, or the order
296 MESSAGES AND PROCLAMATIONS OF
of a judge of a court of record in this state and the witness
may be taken into custody and delivered to the officer of the
requesting state to assure his attendance in the requesting
state.
It is my opinion that Senate Bill No. 43 is not only invalid
and unconstitutional but that it is bad in principle and
precedent.
For the above reasons I have vetoed Senate Bill No. 43.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 26, 1948
From the Journal of the House of Representatives, pp. 2159-21&1
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 26, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 451, entitled:
"AN ACT
"To appropriate money to pay the salaries, wages
and per diem of the officers and employees, etc., of the
State Department of Corrections, including the State
Penitentiary, the Intermediate Reformatory at Algoa, the
Training School for Boys, the Training School for Girls,
the Training School for Negro Girls, and the Board of
Probation and Parole; the Eleemosynary Institutions of
the State; and the pay of charity patients at county hos-
pitals, for the period beginning July 1, 1948, and ending
June 30, 1949."
GOVERNOR PHIL M. DONNELLY 297
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
The following items are vetoed and not approved: Page
12, Section 5.050, lines 91 to 111, inclusive:
'Tor the Training School for Boys, payable out of that
part of the General Revenue set apart for the free public
schools of Missouri, as follows:
A. Personal Service:
For salaries, wages and per diem of the educational
director, principals, teachers and instructors . . $5,000.00
B. & C. Additions, Repairs and Replacements:
For the original purchase of and the repair and
replacement of books, educational, scientific,
vocational and recreational equipment $5,000.00
D. Operation:
For the general expenses of the education pro-
gram of the school, including educational,
scientific, vocational and recreational sup-
plies, and all other necessary current operat-
ing expenses, exclusive of building mainte-
nance $7,500.00
Total $17,500.00"
Pages 15 and 16, Section 5.060, lines 74 to 90, inclusive:
"For the Training School for Girls, payable out of that
part of the General Revenue set apart for the free public
schools of Missouri, as follows:
B. & C. Additions, Repairs and Replacements:
For the original purchase of and the repair and
replacement of books, educational, scientific,
vocational and recreational equipment $1,500.00
298 MESSAGES AND PROCLAMATIONS OF
D. Operation:
For the general expenses of the education program
of the school, including educational, scientific,
vocational and recreational supplies, and all
other necessary current operating expenses,
exclusive of building maintenance $3,000.00
Total. $4,500.0.0"
Page 19, Section 5.070, lines 61 to 77, inclusive:
'Tor the Training School for Negro Girls, payable out of
that part of the General Revenue set apart for the free public
schools of Missouri, as follows:
B. & C, Additions, Repairs and Replacements:
For the original purchase of and the repair and
replacement of books, educational, scientific,
vocational and recreational equipment $1,000.00
D. Operation:
For the general expenses of the education pro-
gram of the school, including educational,
scientific, vocational and recreational supplies,
and all other necessary current operating ex-
penses, exclusive of building maintenance $500.00
Total $1,500.00"
It will be noted that in each of the above sections the appro-
priation is "payable out of that part of the General Revenue
set apart for the free public schools of Missouri."
Section 3 (b), Article IX of the 1945 Constitution of Mis-
souri provides that if the public school fund shall be insufficient
to sustain free schools for at least eight months in every year
in each school district of the state, the General Assembly may
provide for such deficiency.
Section 10323, Revised Statutes of Missouri, 1939, con-
tains a definition of "public schools" and classifies the public
schools as common, consolidated, town and city school districts.
This definition has been modified by the General Assembly
only in Section 10845, Laws of Missouri, 1945, page 1689,
GOVERNOR PHIL M. DONNELLY 299
which provides that the Missouri School for the Blind and
Missouri School for the Deaf are to be included and to be a
part of the section of Special Education within the Division
of Public Schools.
The General Assembly has not changed Section 10323
since the adoption of the 1945 Constitution and it is my
opinion that the definition of "public schools" in said section
does not include the State training schools.
Section 10454, Laws of Missouri, 1945, page 1704, pro-
vides for the distribution of State funds to the school districts
of the State which are required to maintain a public school
or schools, for at least eight months in each school year. Such
districts are entitled to equalization quotas and I believe that
such section could not in any way authorize the State train-
ing schools to share in such program, since such schools are
not under a district board of directors and they do not levy
a tax for the support of such schools.
It should be borne in mind that the training schools take
only children who are sent to them because of some violation
of the law or because of their being delinquent. They do have
an opportunity to go to school while there but they are not
sent to such schools for education alone. They are sent to
such schools by an order of court.
For the above reasons I do not believe that the appropria-
tions in lines 91 to 111, page 12, Section 5.050, lines 74 to 90,
pages 15 and 16, Section 5.060 and lines 61 to 77, page 19,
Section 5.070, should be paid out of that part of the General
Revenue set apart for the free public schools of Missouri and,
therefore, said items are vetoed and not approved.
The remaining items in said sections and the remaining
sections of said House Bill No. 451 are hereby approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
300 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 28, 1948
From the Journal of the Senate, pp. 2125-2126
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
MAY 28, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, Senate Bill No. 90, entitled:
"AN ACT
"To provide for the compromise and settlement of
inheritance or death tax claims of this and other states
upon the estate of a decedent in cases of controversy be-
tween such states over the domicile of said decedent, and
to provide for the arbitration of controversies between
this and other states involving the domicile of a decedent
for the purpose of establishing inheritance tax liability."
This bill provides, among other things, that when the
Director of Revenue claims that a decedent was domiciled in
this State at the time of his death and the tax authorities of
another state or states make a like claim on behalf of their
state or states, the Director of Revenue may, with the approval
of the Attorney General, make a written agreement with the
other taxing authorities and with the executor or adminis-
trator to submit the controversy to the decision of a board
consisting of one or any uneven number of arbitrators. The
executors or administrator is hereby authorized to make the
agreement. The parties to the agreement shall select the arbi-
trator or arbitrators. The board shall hold hearings and
evidence may be presented for the purpose of determining
the domicile of the decedent at the time of his death. This
determination shall be final for purposes of imposing and col-
lecting death taxes but for no other purpose.
GOVERNOB PHIL M. DONNELLY 301
The above provision, that the determination of the board
shall be final for purposes of imposing and collecting death
taxes, is found in Section 5, page 3, lines 3 and 4.
In an act of the Sixty-third General Assembly, found in
Laws of Missouri, 1945, pages 1504 to 1509, inclusive, it is
provided (Section 10) that any person who has exhausted all
administrative remedies provided by law and who is aggrieved
by a final decision in a contested case, whether such decision
is affirmative or negative in form, shall be entitled to judicial
review thereof, as is provided in this section, unless some
other provision for judicial review is provided by statute.
It is my opinion that if Senate Bill No. 90 is enacted it
would repeal the above provision of Section 10 of the act of
the Sixty-third General Assembly insofar as the determination
of the Board of Arbitrators on the question of imposing and
collecting death taxes is concerned, and would prohibit an
appeal from said board.
In other words, as stated in Section 5 of Senate Bill No.
90, it is a final determination from which there is no appeal.
I believe this would also conflict with Section 22, Article V
of the Missouri 1945 Constitution, which is as follows:
"All final decisions, findings, rules and orders of any ad-
ministrative officer or body existing under the Constitu-
tion or by law, which are judicial or quasi-judicial and
affect private rights, shall be subject to direct review by
the courts as provided by law; and such review shall in-
clude the determination whether the same are authorized
by law, and in cases in which a hearing is required by law,
whether the same are supported by competent and sub-
stantial evidence upon the whole record."
I understand there are some states which have laws simi-
lar to Senate Bill No. 90, but I am opposed to investing abso-
lute power and final determination in an administrative board,
bureau, or commission from which there is no appeal. I be-
lieve that all decisions of an administrative board or commis-
sion should be subject to review as is provided in Section 22 of
Article V of the Missouri Constitution. I am of the opinion
that our present inheritance tax laws are adequate for the
determination of the question involved in Senate Bill No. 90,
302 MESSAGES AND PROCLAMATIONS OF
especially as there is a right of appeal to the courts in such
cases.
For the above reasons Senate Bill No. 90 is vetoed and
not approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
MAY 28, 1948
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATES OF MISSOURI, JEFFERSON CITY,
May 28, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my
approval, Senate Substitute for House Bill No. 420, entitled:
"AN ACT
"To provide workmen's compensation benefits for
certain members of the State Highway Patrol and for
certain employees of the Highway Commission who suf-
fered injury or death arising out of and in the course of
their employment at any time between February 27,
1945, and December 19, 1945."
Senate Substitute for House Bill No. 420 provides work-
men's compensation benefits for certain members of the State
Highway Patrol and for certain employees of the State High-
way Commission who suffered injury or death arising out of
and in the course of their employment at any time between
February 27, 1945, and December 19, 1945.
GOVERNOR PHIL M. DONNELLY 303
The new Missouri Constitution was adopted February
27, 1945. Said Constitution was proclaimed by the Governor
to be in full force and effect on and after the 30th day of
March, 1945. (See Proclamation on file with Secretary of
State.)
Section 30, Article IV of the 1945 Constitution, provides
for workmen's compensation as a proper charge against high-
way funds.
The Sixty-third General Assembly in 1945 enacted an act
authorizing the State Highway Commission to accept the pro-
visions of the workmen's compensation act relating to injury
or death of certain employees. This act carried an emergency
clause and was approved by the Governor May 24, 1945.
(Laws of Missouri, 1945, pages 2004 and 2005.)
Section 8752a of said act of the Sixty-third General
Assembly contains the following provision:
"The state highway commission shall have authority
by resolution to elect, under the provisions of Section
3694, Revised Statutes of Missouri, 1939, to accept the
provisions of Chapter 29, Revised Statutes of Missouri,
1939, (workmen's compensation act) and to pay compen-
sation to its employees primarily engaged in maintenance
and construction work and to the uniformed members of
the state highway patrol, for injury or death arising out
of and in the course of their employment in accordance
with the provisions and restrictions as set forth in said
Chapter 29, . . ."
The records of the State Highway Commission show that
the Highway Commission, by the adoption of a resolution,
placed all such members and employees under the provisions
of the workmen's compensation act and that the same should
become effective when a contract of workmen's compensation
insurance should be concluded; said contract of insurance was
concluded and became effective on December 19, 1945, Said
resolution and order of the Highway Commission was not
retroactive.
The purpose of Senate Substitute for House Bill No. 420
is to bring under the workmen's compensation act
304 MESSAGES AND PROCLAMATIONS OF
"Every person who was a uniformed member of the
State Highway Patrol between the 27th day of February,
1945, and the 19th day of December, 1945, and every
employee of the State Highway Commission who was pri-
marily engaged in maintenance or construction work dur-
ing the period inclusive of said dates who suffered personal
injury arising out of and in the course of his employment
at any time within such dates under such circumstances
as would have entitled him to benefits under the Work-
men's Compensation Law, Chapter 29, Revised Statutes
of Missouri, 1939, as amended by Laws of Missouri, 1945,
p. 2004, if he and his employer had been in all respects
subject to the provisions of the Workmen's Compensation
law during such time, and who, because of such injury
was still suffering disability as the result of such accident
on December 19, 1945, shall be entitled to receive, from
" funds appropriated for the support and maintenance of
the department by which he was employed, such benefits
as may be awarded to him by the State Industrial Com-
mission under the provisions of the Workmen's Compen-
sation Law. . . ." (Section 1, Underscoring mine.)
Prior to the 1945 Missouri Constitution, there was no
constitutional or statutory law authorizing the State High-
way Commission to pay benefits to employees under the work-
men's compensation act. The Constitution was adopted OA
February 27, 1945, by a vote of the people but did not become
effective until March 30, 1945. The act of the General Assem-
bly extending the provisions of the workmen's compensation
act to include employees of the State Highway Commission
and the State Highway Patrol did not become effective until
May 24, 1945. In other words, there was no constitutional
authority to pay compensation claims to employees of the
Highway Department or the State Highway Patrol on Feb-
ruary 27, 1945, the date specified in Senate Substitute for
House Bill No. 420. In fact, there was no authority to pay
such claims prior to December 19, 1945, the date that the
contract of workmen's compensation insurance was concluded
and became effective under the provisions of the resolution
adopted by the State Highway Commission.
GOVERNOR PHIL M. DONNELLY 305
It is my opinion that Senate Substitute for House Bill No.
420 is unconstitutional because it makes an obligation begin
at an earlier date than the date the law went into effect and
is therefore retroactive in operation and unconstitutional.
Section 13, Article I, of the 1945 Constitution provides:
"That no ex post facto law, nor law impairing the
obligation of contracts, or retrospective in its operation,
or making any irrevocable grant of special privileges or
immunities, can be enacted."
For the reasons herein above set forth, it is my opinion
that this bill is unconstitutional and void and therefore vetoed
and not approved-
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 1, 1948
From the Joivmcd of the Senate, pp. 21&6-21&7
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 1, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, Senate Bill No. 296, entitled:
"AN ACT
"To repeal Section 3 of an act of the 63rd General
Assembly, relating to the compilation, indexing and pub-
lication of the rules and regulations of administrative
agencies of the State and to the disposal thereof, approved
March 20, 1946, found at Laws of Missouri, 1945, page
1504, and to enact in lieu thereof a new section relating
to the same subject matter, to be known as Section 3."
306 MESSAGES AND PROCLAMATIONS OF
Senate Bill No. 296 requires the Secretary of State to
compile, number, and index all rules filed in his office by all
agencies of the State, and cause the same to be published in
loose leaf binder form, in one or more volumes, appropriately
entitled as the official compilation of such rules. Each agency
shall cause to be printed five thousand copies of the rules filed
by it in the office of the Secretary of State and furnish such
copies to the Secretary of State for incorporation in the official
compilation required by said act. Additional copies and
amendments shall from time to time be printed and furnished
to the Secretary of State by each agency. The Secretary of
State shall compare the proofs with the copies of the rules on
file in his office and shall cause them to truly conform to such
copies.
The costs of printing all rules and amendments shall be
paid from the appropriation of each such agency adopting
such rules.
The costs of compiling, comparing, indexing, printing the
index, and binding such rules and amendments by the Secre-
tary of State and the costs of similar work on future compila-
tion shall be paid from funds appropriated to the Secretary of
State for that purpose.
This bill includes every administrative agency of the State
that has any cause at any time to promulgate any rules and
regulations of its functions and procedures. Also, each agency
shall print five thousand copies of all rules filed by it.
The compiling, numbering, and indexing of each rule and
regulation would require a great amount of clerical work and
supervision. Considering the number of agencies included in
the scope of the bill multiplied by the number of rules of each
agency and these multiplied by 5000, together with keeping
the whole system up to date would appear to be prohibitive.
The cost of printing could be staggering and the storage space
required would be far more than could be provided in the office
of the Secretary of State. There has been no appropriation
to the Secretary of State to meet the cost of this bill.
The present law, found in Laws of Missouri, 1945, page
1505, Section 3, provides:
"(a) For the state agencies there shall be a monthly
bulletin in which it shall set forth the text of all rules
GOVERNOR PHIL M. DONNELLY 307
filed during the preceding month, excluding rules now in
effect.
"(b) The proper state officer shall, as soon as possi-
ble after the effective date of this act, compile, index,
and publish all rules adopted by each agency and remain-
ing in effect. Compilations shall be supplemented or re-
vised as often as necessary, and at least once every two
years.
"(c) Bulletins and compilations shall be made avail-
able upon request to state and local officials free of charge,
and to other persons at a price fixed by the proper state
authority to cover publication and mailing costs. The
costs of such printing and publication shall be paid out
of the funds for the operation of the agency filing such
rules."
I believe the present law and the present practices of the
various State agencies are adequate in regard to filing and
furnishing copies of their rules and regulations. However, if
changes are to be made in the present law I believe they
should be less expensive and less cumbersome than provided
for in this bill.
In Subsection 4, page 4, lines 83 and 84, said bill provides:
"and all such printed rules so distributed shall be admissible
in proper cases in all courts of record in this state/'
The rule of evidence is that if regulations of an agency
are to be introduced in evidence they must be pleaded and then
properly introduced in evidence. Courts do not take judicial
notice of administrative regulations. It is still the preroga-
tive of the court to determine the competency and materiality
of any such regulation sought to be introduced. I do not be-
lieve that part of the sentence above referred to would change
that rule of evidence but it might be construed by some courts
as a mandate to admit regulations when offered in evidence.
In other words, it seems to be an attempt to change the estab-
lished rules of evidence.
For the reasons herein given said bill is vetoed and not
approved. Respectfully submitted,
PHIL M. DONNELLY,
Governor.
308 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 2, 1948
From the Journal of the Senate, pp. 2129-2131
EXECUTIVE OFFICE, STATE OF MISSOURI, -JEFFERSON CITY,
June 2, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith, with my veto and without my
approval, Senate Bill No. 348, entitled:
"AN ACT
"To repeal Section 13 of an act of the 63rd General
Assembly appearing at page 949 of the Laws of Missouri,
1945, approved by the governor May 3, 1946, relating to
the creation and establishment of a department of public
health and welfare and to enact a new section, to be
known as Section 13, relating to the same subject matter
and to the authority of the director of the division of
health and of the director of the department of public
health and welfare over the State Cancer Commission."
Section 12, Article IV of the 1945 Constitution authorizes
the Governor to assign all boards, bureaus, commissions, and
other agencies of the State exercising administrative or execu-
tive authority to the department to which their respective
powers and duties are germane.
Acting under the above authority the Governor assigned
the Cancer Commission to the Department of Public Health
and Welfare, effective July 1, 1946.
The General Assembly also undertook to assign the Cancer
Commission to the Department of Public Health and Welfare.
(See Section 13, Laws of Missouri, 1945, page 949.)
However, said act of the General Assembly contained no
provision in regard to the administration of the Cancer Hos-
pital. This made the law ambiguous as to whether the Di-
rector of the Department of Public Health and Welfare had
GOVERNOR PHIL M. DONNELLY 309
control of the Cancer Hospital or whether the Cancer Com-
mission had control. During the 1947 session of the Sixty-
fourth General Assembly, Senator Keating introduced a bill
in the Senate, known as Senate Bill No. 259, to clarify this
ambiguity in the law. This bill never was reported by the
committee.
During the 1947 session of the Sixty-fourth General As-
sembly, Senator Allison introduced a bill in the Senate known
as Senate Bill No. 195, providing in substance that the em-
ployees of the Cancer Hospital should be employed on the basis
of merit, as provided by law. This bill passed the Senate but
was defeated in committee in the House. This bill was vigor-
ously opposed by those who were opposed to the merit system
for the Cancer Hospital and also by those opposed to the
Department of Public Health and Welfare having anything
to do with the Cancer Hospital.
While these bills were pending in the General Assembly
the Attorney General rendered an opinion that the final
administrative authority of the State Cancer Hospital is in
the Director of the Department of Public Health and Welfare
and the immediate supervision of the Cancer Commission is
in the Director of the Division of Health within that
Department.
After the rendition of this opinion by the Attorney Gen-
eral and the defeat of Senate Bill No. 195 by the House com-
mittee, a very interesting development occurred.
Senate Bill No. 348 was introduced on March 24, 1948.
It provided among other things the following (lines 22 to 30,
inclusive) :
"The cancer commission of the State of Missouri, as
established by Chapter 125, Revised Statutes of Mis-
souri, 1939, as amended, is hereby assigned to the division
of health in the department of public health and welfare.
The director of the division of health and the director of
the department of public health and welfare shall have
no supervision, authority or control over such actions or
decisions of the State Cancer Commission as relates to
its duties prescribed by law."
In other words, the merit system for the employees at
the Cancer Hospital was wiped out and the entire supervision.
310 MESSAGES AND PROCLAMATIONS OF
authority, and control of the Cancer Hospital was vested in
the Cancer Commission. The assignment in lines 22 to 25,
inclusive, Section 13, Senate Bill No. 348, of the Cancer Com-
mission to the Division of Health in the Department of Public
Health and Welfare was merely a paper assignment and the
following lines (26 to 30, inclusive) "The director of the divi-
sion of health and the director of the department of public
health and welfare shall have no supervision, authority or
control over such actions or decisions of the State Cancer
Commission as relates to its duties prescribed by law.",
stripped the Director of the Division of Health and the Di-
rector of the Department of Public Health and Welfare of
any supervision, authority, or control over the Cancer Com-
mission as relates to its duties prescribed by law.
This purported assignment by the General Assembly is in
direct violation of Section 12, Article IV of the 1945 Constitu-
tion, which gave the Governor and not the General Assembly
the authority to make such assignments. Senate Bill No. 348
passed the Senate on March 30, 1948. Although the Depart-
ment of Public Health and Welfare was concerned with this
subject matter, neither the Director nor anyone from the De-
partment of Public Health and Welfare was requested to be
heard by the committee to which the bill had been referred.
On March 30, 1948, the same day the bill passed in the Senate,
it was read in the House. On the next day, March 31, 1948,
it was read the second time and according to the record was
reported out of the committee "Do pass" before it was referred
to the committee. However, later the record was corrected
to show that this bill had been referred to the committee and
then recommended "Do pass." If a hearing was held on the
bill no one from the Department of Public Health and Welfare
was requested to be present or in fact knew anything about
the bill being introduced. On April 1, 1948, the bill was read
the third time and passed the House. In other words, it was
in the House, according to the record, three days but actually
the first day in the House was the day it passed in the Senate
(March 30). This is considerable speed considering the fact
that Senator Keating's bill (Senate Bill No. 259) never was
reported by the committee and Senator Allison's bill (Senate
Bill No. 195), although passed by the Senate, was defeated in
GOVERNOR PHIL M. DONNELLY 311
the House committee, and these two bills were seeking to cor-
rect the ambiguity in the law.
If we are to have the employees in the State hospitals
selected on the basis of merit then, in my opinion, the em-
ployees in the Cancer Hospital should be selected on the basis
of merit the same as those in the other State hospitals. The
Department of Public Health and Welfare operates the other
State hospitals and successfully operates the Missouri State
Sanatorium at Mount Vernon and the Trachoma Hospital at
Rolla, both of which institutions deal with specialized forms
of treatment and surgery. The doctors in these institutions
are as highly skilled in their particular field as are the doctors
in the Cancer Hospital.
In my opinion the Cancer Hospital should be under the
Department of Public Health and Welfare as is contemplated
by the Constitution and the Cancer Commission should serve
in atx advisory capacity. Legislation should be enacted to do
this and clarify the ambiguity in the present law.
For the reasons herein stated Senate Bill No. 348 is
vetoed and not approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 2, 1948
From the Journal of the House of Representatives, pp. 2165-2168
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 2, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith, with my veto and without my
approval, House Bill No, 465, entitled:
312 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To amend Section 9434 of Article 2, Chapter 52 of
the Revised Statutes of Missouri, 1939, as amended by
an act of the 61st General Assembly, approved June 20,
1941, and found at Laws of Missouri, 1941, page 566, by
inserting in line 77 after the word 'expenditures/ the
following: 'except that appropriations from said fund may
be made for the purpose of acquiring lands and buildings,
or for the erection of buildings on lands so acquired, which
are deenjed necessary for the administration of this law/,
and to further amend said section 9434 by inserting a
new paragraph at the end of subsection (c) between lines
98 and 99 thereof providing for the acquisition of lands
and buildings for the use of the Division of Employment
Security from the Special Employment Security Fund and
for the repayment to said Special Employment Security
Fund of the amounts expended for such purpose."
There are two parts of Section 9434, Article 2, Chapter
52, Revised Statutes of Missouri, 1939, as amended by an act
of the Sixty-first General Assembly, found in Laws of Mis-
souri, 1941, page 566, which are sought to be amended by
House Bill No. 465.
The first amendment is set out in full in the title and also
in the enacting clause and Section 9434. The second amend-
ment mentioned in the title is the one that I desire to discuss.
It is found on page 1, lines 10 to 17, inclusive, of the title and
reads as follows:
". . . and to further amend said section 9434 by insert-
ing a new paragraph at the end of subsection (c) between
lines 98 and 99 thereof providing for the acquisition of
lands and buildings for the use of the Division of Employ-
ment Security from the Special Employment Security
Fund and for the repayment to said Special Employment
Security Fund of the amounts expended for such purpose/'
The actual amendment referred to in the title is set out
in full on pages 2 and 3, lines 13 to 56, inclusive.
This amendment to Section 9434 appears on pages 6 and
7, lines 106 to 142, inclusive, but with a certain omission. The
GOVERNOR PHIL M. DONNELLY 313
following words appearing on page 3, of Section 1, lines 49 to
56, inclusive, are omitted, to wit:
". . . until the full amount of the purchase price there-
of and the costs of construction and the costs of repair
and maintenance thereof have been returned to such fund.
After the amount of the purchase price has been repaid
into the Special Employment Security Fund the costs of
repair and maintenance of any said building shall be paid
from the Unemployment Compensation Administration
Fund."
The above words should have been inserted on page 7,
line 142, after the word "it."
The title of House Bill No. 465 in regard to the above
mentioned amendment indicates four distinct items of leg-
islation :
1. The acquisition of lands and buildings;
2. The use of the lands and buildings so acquired by the
Division of Employment Security;
3. The payment for the lands and buildings so acquired
from the Special Employment Security Fund; and
4. The repayment of the funds expended to said Special
Employment Security Fund.
On pages 6 and 7, lines 106 to 142, the Division of Employ-
ment Security has the right of primary utilization of any build-
ings or lands acquired but "any space in excess of the require-
ments of said division may be allocated to other agencies of
the state under agreements with the State Board of Public
Buildings." (Page 7, lines 120 to 122.) In other words, while
the title to House Bill No. 465 provides for the acquisition of
lands and buildings for the use of the Division of Employment
Security, it nowhere states that such lands and buildings ac-
quired pursuant to the provisions of this amendment may be
rented or made available to other State agencies.
Furthermore, the State Board of Public Buildings is
authorized to make agreements with other agencies of the
State concerning space in buildings so acquired in excess of
the needs of the Division of Employment Security. This
314 MESSAGES AND PROCLAMATIONS OF
authority of the State Board of Public Buildings is not author-
ized in the title of said bill.
It is further provided (lines 123 to 129, inclusive) that all
agreements with other State agencies for the use of the excess
space in buildings and lands acquired for the use of the Divi-
sion of Employment Security shall provide for the payment
from funds appropriated for the support of such agencies, of
amounts equivalent to the reasonable, fair rental value of the
space utilized, into the Special Employment Security Fund,
until such time as the full amount of the purchase price of
such lands and buildings, and cost of repair and maintenance
thereof, have been returned to such fund.
There is no indication in the title that the repayment of
the funds expended for the acquisition of lands and buildings
for the use of the Division of Employment Security shall be
paid back into the Special Employment Security Fund from
the fair rental value obtained from State agencies utilizing
any excess space in said buildings or lands. Furthermore,
Section 9434, pages 6 and 7, nowhere makes any provision
that the Division of Employment Security, for whose use the
lands and buildings were primarily acquired, shall make pay-
ments into the Special Employment Security Fund until full
repayment of the purchase price has been made. The only
requirement of the Division of Employment Security is that
said division shall transfer from funds appropriated for its
support from the Unemployment Compensation Administra-
tion Fund, to the Special Employment Security Fund, amounts
equivalent to the fair, reasonable rental value of the lands and
buildings so acquired. (Lines 132 to 137, inclusive.) In other
words, the burden of repayment mentioned in the title is not
cast upon the Division of Employment Security as the title
would indicate, but is cast upon State agencies to whom the
excess space may be rented. There is no requirement in Sec-
tion 9434, as amended, that the Division of Employment
Security shall repay the funds expended from the Special Em-
ployment Security Fund, but only the requirement that the
Division of Employment Security pay rental value for an unde-
termined time. This lack of provision for the repayment to
the Special Employment Security Fund by the Division of
GOVEKNOR PHIL M. DONNELLY 315
Employment Security is made more noticeable by referring to
page 3, Section 1, lines 49 to 52, wherein it is stated:
". . . until the full amount of the purchase price there-
of and the costs of construction and the costs of repair
and maintenance thereof have been returned to such
fund. . . ."
The above quoted portion of Section 1, on page 3, lines
49 to 52, inclusive, is a part of that portion of the amendment
that was omitted on page 7. In other words, the above quoted
portion should have followed immediately after the word "it,"
in line 142 on page 7. It is the only provision that places
upon the Division of Employment Security the burden of pay-
ing the fair, reasonable rental value until the full amount of
the purchase price has been returned to the Special Employ-
ment Security Fund.
I do not believe that the title to House Bill No. 465, in
regard to the above mentioned amendment, is a fair index of
the legislation contained in said section. The variance be-
tween the title and the section as amended, together with the
omission in said section on page 7, are of sufficient importance
to render the title defective as not being a fair guide or an
accurate indication of the legislation enacted.
There is also another consideration to be made of House
Bill No. 465. In the title, lines 15, 16, and 17, provision is
made for repayment of the funds expended from the Special
Employment Security Fund for the acquisition of lands and
buildings for the use of the Division of Employment Security.
On page 3, lines 49 to 56, inclusive, there is found a provision
which specifically provides for the repayment of the funds ex-
pended from the Special Employment Security Fund by the
Division of Employment Security for the acquisition of lands
and buildings for the use of the Division of Employment
Security. However, this is another part of the provision that
is omitted on page 7 and which should have followed that
part of the amendment immediately following the word "it"
in line 142.
By failing to insert on page 7, line 142, after the word
"it," the words set forth on page 3, lines 49 to 56, inclusive,
said amendment in Section 9434 was in direct violation of
316 MESSAGES AND PROCLAMATIONS OF
Section 28, Article III of the 1945 Constitution, which provides
in substance that the act or section amended shall be set forth
in full as amended. The original House Bill No. 465 in the
office of the Chief Clerk of the House, shows that several lines
were stricken out of Section 9434.
Because of the omission of a part of the above amend-
ment and because of the defects in the title, as above set forth,
House Bill No. 465 is vetoed and not approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
JUNE 3, 1948
From the Journal of the House of Representatives, pp. 2169-21T6
EXECUTIVE OFFICE, STATE OF MISSOURI, JJBFFERSON CITY,
June 3, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 484, entitled:
"AN ACT
"To appropriate money for the support of the State
Government, for payment of certain contingent and inci-
dental expenses of the State Government, for the period
beginning July 1, 1948, and ending June 30, 1949; and to
appropriate money for the various forms of relief; for the
several departments of the State Government, for free
public schools, the several boards, bureaus and commis-
sions and state offices and persons, firms and corporations
for the payment of which the state may be liable, and
appropriating funds for other purposes, for the fiscal years
1947-48 and 1948-49, and prior years."
GOVERNOR PHIL M. DONNELLY 317
and append to said bill, at the time of signing it, the following
statement of items, or portions of items, to which I object,
which items and portions of items are returned without my
approval, for the reasons herein below stated which said rea-
sons accompany said bill and are my objections to said items
and portions of items.
I.
I veto and do not approve the item of $8,869.50 in Sec-
tion 9.150 for the relief of the Carter Motor Company, Union-
ville, Missouri, for hauling gravel under sub-contract, which it
is alleged was not paid by the State Highway Department.
There is no date mentioned in regard to this claim in
Section 9.150. However, this claim has been around the Gen-
eral Assembly for a number of years. It was vetoed by Gov-
ernor Stark in 1937 (see Laws of Missouri, 1937, page 170)
for the reason there is no legal liability on the part of the
State. At that time the claim was for $5,436.53. It is my
recollection that it was vetoed by another Governor but I am
unable to locate the specific message at this time.
The subcontractor, Carter Motor Company of Union-
ville, entered into a contract with the Miller Garage and Con-
tracting Company to haul gravel for three projects in Putnam
County, Missouri. This was in the year 1928. The original
contract for the hauling of gravel for these projects was made
between the State Highway Department and the contractor
and was not made with the subcontractor. The contractor
furnished performance and payment bond with a surety, The
Southern Surety Company, licensed in Missouri and approved
by the State Insurance Department. When the work was
completed the contractor owed the subcontractor $4,298.78.
Both the contractor and the surety became bankrupt and the
claim was not paid. In July, 1932, the subcontractor, Carter
Motor Company, obtained a judgment in the Circuit Court
of Putnam County, Missouri, against the contractor for said
sum of $4,298.78, This judgment was never paid. The sub-
contractor, Carter Motor Company, by obtaining said judg-
ment recognized there was no legal liability upon the State
Highway Department.
318 MESSAGES AND PROCLAMATIONS OF
The claim in Section 9.150 of House Bill No. 484 is for
$8,869.50, which evidently represents interest for sixteen years.
In Section 9.150, lines 5, 6, and 7, it is stated:
"for hauling gravel under subcontract, which was not paid
by the said Highway Department."
The Highway Department paid the original contractor. There
was no legal liability on the part of the State Highway Depart-
ment to pay the subcontractor.
For the reasons herein set forth, this claim is vetoed and
not approved.
II.
I hereby veto and do not approve the following appro-
priation:
Section 9.290, lines 13 and 14, "For the construction and
equipment of a classroom building, $500,000.00" to the Uni-
versity of Missouri.
However, I approve the following item in said Section
9.290, lines 10 to 12, inclusive: "For the construction and
equipment of agricultural buildings, including meat and other
farm laboratory buildings, $825,000.00."
III.
Sections 9.300, 9.310, 9.320, 9.330 and 9.340.
In Section 9.300, I veto and do not approve the appro-
priation in this section to Northeast Missouri State Teachers
College, Kirksville, for an auditorium in the sum of $675,000.00.
In Section 9.310, I veto and do not approve the appro-
priation in this section to Northwest Missouri State Teachers
College, Maryville, for an instructional building in the sum of
$800,000.00.
In Section 9.320, I veto and do not approve the appro-
priation in this section to Central State College, Warrensburg,
for a science and applied arts building in the sum of $845,-
420.00.
In Section 9.330, I veto and do not approve the appro-
priation in this section to Southeast Missouri State College,
Cape Girardeau, for a science building in the sum of
$740,000.00.
GOVERNOR PHIL M. DONNELLY 319
In Section 9.340, I veto and do not approve the appro-
priation in, this section to Southwest Missouri State College,
Springfield, for a library building in the sum of $900,000.00*
IV.
In Section 9.350, I veto and do not approve the appro-
priation in lines 10 to 13, inclusive, as follows: "For the pu,r-
pose of purchasing the necessary land and for the construction
and equipping thereon of a law building in the City of St.
Louis, $400,000.00," this appropriation being to Lincoln Uni-
versity. It is my opinion that if a building for a law school
for Lincoln University is constructed it should be in Jefferson
City, Missouri, where Lincoln University is located and not in
some other city in the State.
In Section 9.350, I veto and do not approve the appro-
priation in lines 14 to 16, inclusive, as follows: 'Tor the pur-
pose of constructing and equipping a new physical health and
gymnasium building with playing field, $448,400.00," this
appropriation being to Lincoln University.
However, I approve the following item in Section 9.350,
lines 8 and 9: "For the construction and equipping of a library
building at Jefferson City, $440,800.00," this appropriation
being to Lincoln University.
All of the above items, in II, III, and IV, except the phys-
ical health and gymnasium building with playing field, and
law building in the City of St. Louis in Section 9.350 for Lin-
coln University, were included in House Bill No. 445 of the
Sixty-fourth General Assembly and were vetoed at that timfe
for the reasons therein stated. Some of those same reasons
are applicable at the present time. (Laws of Missouri, 1947,
Volume I, pages 207 to 209, inclusive.) Some of said build-
ings may have been designated under another name in House
Bill No. 445 of the Sixty-fourth General Assembly.
The above appropriations in II, III, and IV are charge-
able to the Post War Reserve Fund. There is included in
House Bill No. 451, and also House Bills Nos. 452 and 453;
certain buildings for the State, £I0$pitals, Tr?iini|ig'§<jkqol%
and certain educational institutions; also an increase in appro-
priations for personal service and operation at certain of these
institutions. In view of the fact that the balance in the Post
320 MESSAGES AND PROCLAMATIONS OF
War Fund would be reduced to a small amount if the above
appropriations were approved, it is my opinion that the above
buildings should not be constructed at this time. It may be
necessary to draw upon the balance in the Post War Fund to
complete the present building program at the different insti-
tutions and equip the buildings. I do not believe it is good
business management to reduce the Post War Fund too low
at this time. By not approving the above appropriations there
will be approximately Nine or Ten Million Dollars remain-
ing in the Post War Fund.
V.
I approve the appropriation in Section 9.370 for Two
Million Dollars to the Division of Public Buildings of the De-
partment of Revenue, chargeable to the Post War Reserve
Fund, for the purpose of constructing and equipping a State
office building under the direction and supervision of said
Division of Public Buildings, as provided by law. However,
I do not approve that part of said Section 9.370 as follows
(Lines 6, 7, and 8) : "to be located on the state-owned property
east of the State Capitol Building on the north side of Capitol
Avenue." The Sixty-second General Assembly enacted legis-
lation authorizing the Board of Permanent Seat of Govern-
ment to erect and construct or cause to be erected and con-
structed, a building in Jefferson City to be known as the State
Office Building. (Laws of Missouri, 1943, page 825.)
The Sixty-fourth General Assembly abolished the Board
of Permanent Seat of Government and by the same act created
the Board of Public Buildings in the Department of Revenue,
Said act transferred the duties formerly vested in the Board
of Permanent Seat of Government to the Board of Public
Buildings. (Laws of Missouri, 1945, page 1462.) Therefore,
since the Board of Public Buildings is the successor in office
to the Board of Permanent Seat of Government, said Board
of Public Buildings is the proper agency of the State to erect
and construct or cause to be erected a,nd constructed a build-
ing in Jefferson City to be known as a State Office Building
and shall select plans and award the contract for said office
building.
It is well settled that the General Assembly cannot legis-
late by appropriation acts. Section 23, Article III, Constitu-
GOVERNOR PHIL M. DONNELLY 321
tion of Missouri, 1945, follows Section 28, Article IV, Consti-
tution of Missouri, 1875, and reads:
"No bill shall contain more than one subject which shall
be clearly expressed in its title, except bills enacted under
the third exception in section 37 of this article and gen-
eral appropriation bills, which may embrace the various
subjects and accounts for which moneys are appropriated."
In the case of State ex rel. vs. Smith, 75 S. W. (2d) 828,
1. c. 830, the Court held that legislation of a general character
cannot be included in an appropriation bill; to do so would
violate Section 28, Article IV, Constitution of Missouri, 1875,
which is the same as Section 23, Article III, Constitution of
Missouri, 1945.
In a more recent case, State ex rel. vs, Canada, 113 S. W.
(2d) 783, 1. c. 790, the Court held to the same effect that
"Legislation of a general character cannot be included in an
appropriation bill/'
In view of the above constitutional provision and the
decisions of the Court construing said provision, it is my
opinion that that part of Section 9.370, House Bill No. 484,
mentioning the location of the proposed State Office Building
is unconstitutional in that it is attempting to legislate in an
appropriation act and violates the provision of Section 23, Arti-
cle III of the Constitution of Missouri, 1945. However, this
does not in any manner affect the validity of the remaining
portion of said section because said remaining portion is a
complete workable statute and said sum of Two Million Dol-
lars mentioned in said section for the purpose of constructing
and equipping a State Office Building is approved,
\
VI.
Section 9.374 appropriates out of the State Treasury,
chargeable to the General Revenue Fund, the sum of Two
Million Five Hundred Thousand Dollars, to be used for the
support of free public schools; said sum to be apportioned and
distributed for the support of free public schools, as provided
by law, and to be in addition to the one-third appropriated
for the same purpose in Section 2.121 of House Bill No. 448
of the Sixty-fourth General Assembly.
322 MESSAGES AND PROCLAMATIONS OF
When this section was introduced in the House as an
amendment to House Bill No. 484 it was for Five Million
Dollars and was passed by the House. The Senate struck
out this section. However, it was reduced to Two and One-
Half Million Dollars by the conference committee report,
which report later was adopted.
This is the first time in the history of the State that an
appropriation for a specific sum has been made by the Gen-
eral Assembly for the support of the public schools, in addi-
tion to the regular appropriation of one-third of the General
Revenue.
Under the provision of Section 3(b), Article IX, Consti-
tution of Missouri, 1945, there is provided, among other things,
as follows:
". . . but in no case shall there be set apart less than
twenty-five per cent of the state revenue, exclusive of
interest and sinking fund, to be applied annually to the
support of the free public schools."
For many years the General Assembly has set apart one-
third of the General Revenue for the support of the free public
schools. The sum so set apart has gradually increased each
year. In 1933 it was $3,397,851.71. In 1947 it was $29,-
922,639.92. In 1948 it is estimated it will be $31,454,858.33,
less the amount appropriated to the School for the Deaf,
School for the Blind, and certain items to the State Depart-
ment of Education, State aid for high school buildings in cer-
tain school districts, teachers training work in high schools,
to pay to each county $750.00 to apply on amounts paid for
clerical assistance for county superintendents of schools, to
pay compensation of county supeiintendents of schools and
supervisors of school transportation, to pay compensation of
county superintendents of schools for preparation of school
district budgets, which will be approximately $1,609,363.33.
The appropriation for the public schools has always been on
a percentage basis. In Section 9.374 of House Bill No. 484
for the first time there is in addition to the setting apart of
one-third part of the General Revenue, an additional appro-
priation of a specific amount of $2,500,000.00.
GOVERNOR PHIL M. DONNELLY 323
In my opinion this appropriation of Two Million Five
Hundred Thousand Dollars is a dangerous precedent in the
appropriation of funds from the general revenue.
In considering this appropriation it should be borne in
mind that the Governor has no authority to reduce any appro-
priation for free public schools.
Section 26, Article IV, Constitution of Missouri, 1945,
provides :
". . . The governor shall not reduce any appropriation
for free public schools, or for the payment of principal
and interest on the public debt."
Under this provision of the Constitution the Governor is
powerless to reduce or veto an appropriation for the public
schools and must keep his hands off any appropriation for
public schools regardless of how high the appropriation may be.
This raises a serious budgetary problem in view of the
fact that if the General Assembly over-appropriates the antici-
pated revenue the Governor must balance the budget from
the appropriations to the institutions and departments of the
State government because he cannot touch the appropriation
for free public schools.
When the estimate of the anticipated revenue was made
for the General Assembly it was anticipated that the net gen-
eral revenue for 1948-49 would be $63,242,216.67. The appro-
priations by the General Assembly for the fiscal year 1948-49
were $65,192,282.67. This was an over-appropriation of $1,-
950,066.00. This estimate was made more than a year ago
when the budget was being prepared for the General Assembly.
However, since that time the revenues for the present fiscal
year have been practically collected and judging from the
present collections it is the opinion of the Revenue Depart-
ment that the estimates from all sources of revenue, except
income tax, appear to be approximately correct, but probably
there will be an increase of approximately Three Million Dol-
lars in receipts from the State Income Tax above the amount
originally anticipated.
One-third or One Million Dollars of this amount will have
to be set aside for the public schools, leaving Two Million
Dollars to be added to the anticipated General Revenue of
324 MESSAGES AND PROCLAMATIONS OF
$63,242,216.67. In other words, this anticipated excess in
the State Income Tax will just about take care of the over-
appropriation of $1,950,066.00.
It can readily be seen that if the additional appropria-
tion in Section 9.374 for free public schools, as originally voted
by the House, had remained at Five Million Dollars, there
would have been an over-appropriation in spite of the antici-
pated increase in income taxes and the Governor would have
been without authority to reduce any part of said appropria-
tion in attempting to balance the budget.
In considering this question it should be borne in mind
that Section 24, Article IV of the Constitution requires the
Governor to submit to the General Assembly a budget for the
ensuing appropriation period, containing the estimated avail-
able revenues of the State and a complete and itemized plan
of proposed expenditures of the State and all its agencies, to-
gether with his recommendations of any laws necessary to
provide revenues sufficient to meet the expenditures. In other
words, the Governor is required to submit a balanced budget
but he has no control over one of the items which takes over
one-third of the General Revenue, and in fact may take much
more if the General Assembly follows the precedent set in
Section 9.374.
Later if it develops that the actual revenue is less than
the revenue estimates upon which the appropriations were
based, the Governor can reduce the expenditures of the State
or any of its agencies below their appropriations (Section 27,
Article IV, Constitution of Missouri, 1945). However, this
reduction in the expenditures of the State, or any of its agen-
cies, cannot be taken from the appropriation for free public
schools because of the prohibition in Section 26 of Article IV.
While we recognize the importance of education in a
democracy, we also should recognize the necessity of main-
taining and supporting other functions, institutions, and de-
partments of our State government.
The anticipated revenue is greater for the coming fiscal
year than ever before. The appropriations also are greater,
due to the increasing cost of operation of the institutions and
departments of the State government. If there should be a
reduction in the actual revenue within the near future and if
GOVERNOR PHIL M. DONNELLY 325
specific appropriations are going to be made by the General
Assembly for the public schools, in addition to the regular
one-third of the General Revenue, then it will become a serious
problem to balance the budget. It is my opinion that serious
thought should be given to the repeal of the above provision
of the Constitution prohibiting the Governor from reducing
appropriations for public schools, that is, appropriations in
excess of the constitutional limit.
I also suggest that serious consideration should be given
to the expenditure of that part of the General Revenue which
is appropriated to the public schools. Section 10366, Laws of
Missouri, 1943, page 895, provides that all State funds shall
be paid into the Teachers' Fund except as is provided in said
section. I realize that teachers are entitled to increases in
salary; however, in view of the fact that this State fund for
public schools has been greatly increased in recent years, as
above set forth, the question naturally arises as to whether
or not the State funds are being used for teachers' salaries or
for other purposes.
VII.
The item of $746.31 in Section 9.379, page 40, for the
relief of T. E. Bell, Clerk of the County Court of Iron County,
Missouri, for preparing and extending the State's portion of
the tax books of the County of Wayne for the years 1942,
1943, 1944, 1945, and 1946 is vetoed and not approved. In
a letter to me from T. E. Bell, Clerk of the County Court
of Iron County, Missouri, dated May 26, 1948, Mr. Bell states
that he prepared and extended the tax books for Iron County
for the above years. I do not believe he would be entitled
to be paid for preparing and extending the State's portion of
the tax books for Wayne County, Missouri. This, no doubt,
was an error in preparing the amendment, which was offered
to House Bill No. 484 from the floor on the perfection of the
bill. In fact, it was suggested to a member of the Senate that
the amendment was incorrect but no attention was paid to
the suggestion. For the above reasons this item is vetoed.
VIIL
I hereby veto and do not approve the item in Section
9.420, page 44, House Bill No. 484, in the sum of $752,40,
326 MESSAGES AND PROCLAMATIONS OF
chargeable to the State Highway Department Fund for the
purpose of paying a special tax bill No. 587 issued on the 29th
day of July, 1947, by the City of Rolla, Missouri, against a
certain property of the Missouri State Highway Department
described in said section, in payment of the cost of certain
paving on Elm Street in Rolla abutting the property therein
described.
This tract of land was acquired many years ago by the
State of Missouri for a borrow pit for the sum of 1100.00.
The State removed earth from it for the construction of Route
72 in Phelps County, Missouri, and after such construction
the State abandoned the tract. The tax bill is for $752.40.
In a letter dated September 18, 1946, the City of Rolla sug-
gested that the Highway Department convey title to the City
of Rolla to this parcel of ground for the consideration of $1.00
or some nominal amount and let the City assume the cost of
the street improvement along this property. The Highway
Department notified the City of Rolla that it would convey
the tract to the City for a nominal consideration. The negotia-
tions never were completed.
In this particular instance, I do not believe the payment
of $752.40 from Highway Funds is justified. The Highway
Department is willing to convey the tract of land in question
to the City of Rolla for a nominal consideration and I believe
that a quit claim deed should be executed by the Highway
Commission to the City of Rolla for this tract of land and
the tax bill cancelled.
For the reasons herein set forth I do not approve this
appropriation.
On June 3, 1948, I approved said House Bill No. 484 as
to all items and portions of items thereof, except the items
and portions of items which are, as in this message above
stated, returned without my approval
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 327
SPECIAL MESSAGES
TO THE SENATE
JANUARY 31, 1945
From the Journal of the Senate, p. 187
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 31, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Henry N. Byrne, St. Joseph, Buchanan County, Missouri,
as a Commissioner of the Department of Penal Institutions,
for a term of four years and until his successor is appointed
and qualified; vice, P. F. Willis, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 13, 1945
From the Journal of the Senate, p. 171
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON QTY,
February 13, 1945,
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
328 MESSAGES AND PROCLAMATIONS OF
Hugh H. Waggoner, Lebanon, Missouri, as Superintend-
ent of the Missouri State Highway Patrol for a term ending
at the pleasure of the Governor; vice, M. Stanley Ginn.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 14, 1945
From the Journal of the Senate, p. 182
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 14, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
E. E. Swain, Republican, Kirksville, Missouri, as a mem-
ber of the Board of Regents for Northeast Missouri State
Teachers College, Kirksville, Missouri, for a term ending Jan-
uary 1, 1951, and until his successor is duly appointed and
qualified; vice, J. A. Cooley, term expired.
Roland A. Zeigel, Republican, Kirksville, Missouri, as a
member of the Board of Regents for Northeast Missouri State
Teachers College, Kirksville, Missouri, for a term ending Jan-
uary 1, 1951, and tmtil his successor is duly appointed and
qualified; vice, reappointment
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 329
TO THE SENATE
FEBRUARY 20, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Richard Johnson, 2420 St. Joseph Avenue, St. Joseph,
Missouri, as a member of the Board of Police Commissioners
for the City of St. Joseph, Missouri, for a term ending Feb-
ruary 19, 1946, and until his successor is duly appointed and
qualified; vice, H. N. Stevenson, term expired.
Harold F. Thomson, 1718 Crescent Drive, St. Joseph,
Missouri, as a member of the Board of Police Commissioners
for the City of St. Joseph, Missouri, for a term ending Feb-
ruary 19, 1947, and until his successor is duly appointed and
qualified; vice, Wm. R. Seaman, term expired.
F. Claude Davis, Jr., 30th and Francis, St. Joseph, Mis-
souri, as a member of the Board of Police Commissioners for
the City of St. Joseph, Missouri, for a term ending February
19, 1948, and until his successor is duly appointed and quali-
fied; vice, Leo V. Anderson, term expired.
Respectfully submitted,
PHIL M, DONNELLY,
Governor,
330 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FfcBRUARY 20, 1946
From the Journal of the Senate, p. 196
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
F. M. Horton, Flat River, Missouri, as the Supervisor of
Building and Loan Associations, for a term ending at the
pleasure of the Governor; vice, T. Victor Jeffries, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 20, 1945
From the Journal of the Senate, p. 197
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Edgar C. Nelson, Boonville, Missouri, as a member of
the Workmen's Compensation Commission for a term ending
GOVERNOR PHIL M, DONNELLY 331
February 19, 1951, and until his successor is duly appointed
and qualified; vice, reappointment.
I designate Mr. Nelson as Chairman of the Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
F'EBRUARY 20, 1945
From the Journal of the Senate, p. 197
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Richard L. Douglas, Republican, 1125 Krug Park Place,
St. Joseph, Missouri, as a member of the Board of Regents
for Northwest Missouri State Teachers College, Maryville,
Missouri, for a term ending January 1, 1951, and until his
successor is duly appointed and qualified; vice, reappointment.
J. V. Gaddy, Democrat, 2725 Sacramento Street, St.
Joseph, Missouri, as a member of the Board of Regents for
Northwest Missouri State Teachers College, Maryville, Mis-
souri, for a term ending January 1, 1951, and until his suc-
cessor is duly appointed and qualified; vice, Edmond! Mc-
Williams, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
332 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 20, 1945
From the Journal of the Senate, p. 198
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Edward L. Clark, Rolla, Missouri, as State Geologist, for
a term ending August 1, 1945, and until his successor is duly
appointed and qualified; vice, H. A. Buehler, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 20, 1945
From the Journal of the Senate, p. 198
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 20, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
R. E. Burley, Republican, Lebanon, Missouri, as a mem-
ber of the Board of Regents for Southwest Missouri State
Teachers College, Springfield, Missouri, for a term ending
January 1, 1951, and until his successor is duly appointed and
qualified; vice, reappointment.
GOVERNOR PHIL M. DONNELLY 333
Seth V. Conrad, Democrat, Marshfield, Missouri, as a
member of the Board of Regents for Southwest Missouri
State Teachers College, Springfield, Missouri, for a term end-
ing January 1, 1951, and until his successor is duly appointed
and qualified; vice, B. F. Julian, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MABCH 6, 1946
From the Journal of the Senate, p. 218
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 6, 1945.
Mr. Kirk Jones, Secretary of the Senate, Jefferson City,
Missouri:
Dear Mr. Jones:
Please convey to the members of the State Senate my
sincere thanks for the beautiful bouquet of flowers and the
enrolled copy of the resolution adopted by the Senate in honor
of my birthday. It was most thoughtful of the Senate to do
this and I appreciate it very much.
With kindest regards, I am
Sincerely,
PHIL M. DONNELLY.
334 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
March 7, 1945
From the Journal of the House of Representatives, p. 367
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 7, 1945.
Mr. Herold D. Condray, Chief Clerk, House of Representatives,
Jefferson City, Missouri:
Dear Mr. Condray:
I wish to express through you my thanks and apprecia-
tion to the members of the House of Representatives for their
courtesy in adopting House Resolution No. 90, in honor of
my birthday.
With best wishes, I am
Sincerely,
PHIL M. DONNELLY.
TO THE SENATE
MARCH 13, 1945
From the Journal of the Senate, pp. 238-289
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 13, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
L. N. Coffman, Salem, Missouri, as a member of the Board
of Trustees of the Federal Soldiers' Home at St. James, Mis-
souri, for a term ending February 1, 1949, and until his suc-
cessor is duly appointed and qualified; vice, reappointment.
GOVERNOR PHIL M. DONNELLY 335
W. E. Barton, Houston, Missouri, as a member of the
Board of Trustees of the Federal Soldiers' Home at St. James,
Missouri, for a term ending February 1, 1949, and until his
successor is duly appointed and qualified; vice, Earl E. Young,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 13, 1945
From the Journal of the Senate, p. 239
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 13, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Roy W. Starling, Republican, Eldon, Missouri, as a mem-
ber of the Board of Regents for Central Missouri State Teach-
ers College, Warrensburg, Missouri, for a term ending January
1, 1951, and until his successor is duly appointed and qualified;
vice, reappointment.
R. Lee Cooper, Democrat, Warrensburg, Missouri, as a
member of the Board of Regents for Central Missouri State
Teachers College, Warrensburg, Missouri, for a term ending
January 1, 1951, and until his successor is duly appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
336 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 13, 1945
From the Journal of the Senate pp. $39-t4O
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON €mr,
March 13, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Orville Zimmerman, Democrat, Kennett, Missouri, as a
member of the Board of Regents for Southeast Missouri
State Teachers College, Cape Girardeau, Missouri, for a term
ending January 1, 1951, and until his successor is duly ap-
pointed and qualified; vice, reappointment.
I. R. Kelso, Democrat, Cape Girardeau, Missouri, as a
member of the Board of Regents for Southeast Missouri State
Teachers College, Cape Girardeau, Missouri, for a term end-
ing January 1, 1951, and until his successor is duly appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 14, 1945
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 14, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
GOVERNOR PHIL M, DONNELLY 337
Frank C. Mann, Springfield, Missouri, as a member of
the Board of Curators of the University of Missouri, for a
term ending January 1, 1951, and until his successor is duly
appointed and qualified; vice, reappointment.
Allen McReynolds, Carthage, Missouri, as a member of
the Board of Curators of the University of Missouri, for a
term ending January 1, 1951, and until his successor is duly
appointed and qualified; vice, Cowgill Blair, term expired.
Guy A. Thompson, 275 Union, St. Louis, Missouri, as a
member of the Board of Curators of the University of Mis-
souri, for a term ending January 1, 1951, and until his suc-
cessor is duly appointed and qualified; vice, Tom K. Smith,
term expired.
Stratton Shartel, 601 West Meyer Blvd., Kansas City,
Missouri, as a member of the Board of Curators of the Uni-
versity of Missouri, for a term ending January 1, 1947, and
until his successor is duly appointed and qualified; vice, Mrs.
Henry J. Haskell, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 15, 1945
From the Journal of the Senate, p. 260
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON Cmr,
March 15, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
338 MESSAGES AND PROCLAMATIONS OF
Edmund Burke, Moberly, Missouri, as Supervisor of
Liquor Control, for a term ending at the pleasure of the Gov-
ernor; vice, Wayne G. Henderson.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 19-, 1945
From the Journal of the Senate, p. 269
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON OTY,
March 19, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
M. E. Morris, Trenton, Missouri, as Commissioner of
Finance, for a term ending at the pleasure of the Governor;
vice, D. R. Harrison.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 19., 1945
From the Jotumal of the Senate, pp. 269-270
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
Marct 19, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
GOVERNOR PHIL M. DONNELLY 339
Fred W. Naeter, Republican, Cape Girardeau, Missouri,
as a member of the Board of Managers of the State Eleemos-
ynary Institutions, for a term ending June 19, 1948, and until
his successor is appointed and qualified; vice, Ira A. Jones,
term expired.
T. W. Cotton, Democrat, Van Buren, Missouri, as a
member of the Board of Managers of the State Eleemosynary
Institutions, for a term ending June 19, 1948, and until his
successor is appointed and qualified; vice, reappointment.
Joe M. Roberts, Republican, Gallatin, Missouri, as a
member of the Board of Managers of the State Eleemosynary
Institutions for a term ending June 19, 1947, and until his
successor is appointed and qualified; vice, C. B. Dubois,
resigned.
I hereby designate W. R. Painter, who is a member of
the Board of Managers of the State Eleemosynary Institu-
tions, as president of said board; vice, Ira A. Jones.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 21, 1945
From the Journal of the Senate, p. 286
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 21, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor R. M. James, Joplin, Missouri, as Commissioner
of Health and Secretary of the State Board of Health, for a
340 MESSAGES AND PROCLAMATIONS OF
term of four years and until his successor is appointed and
qualified; vice, Doctor James Stewart, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 26, 1945
From the Journal of the Senate, p. 329
EXECUTIVE OFFICE, 'STATE OF MISSOURI, JEFFERSON CITY,
March 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Carl J. Henry, Butler, Missouri, to represent the public
as a member of the Unemployment Compensation Commis-
sion of Missouri, for a term ending June 18, 1949, and until
his successor is duly appointed and qualified; vice, George A,
Rozier, resigned.
I designate the said Carl J. Henry as Chairman of the
Unemployment Compensation Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 341
TO THE SENATE
MARCH 28, 1945
From the Journal of the Senate, p. S44-
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Paul C. Jones, Kennett, Missouri, as a member of the
State Highway Commission for a term of six years and until
his successor is appointed and qualified; vice, Baxter Brook-
ing Bond, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
APRIL 10, 1945
From the Journal of the Senate, p. 400
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 10, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
E. L. McClintock, Cape Girardeau, Missouri, as a mem-
ber of the Public Service Commission, for a term ending April
15, 1949, and until his successor is duly appointed and quali-
fied; vice, John A. Ferguson, resigned.
342 MESSAGES AND PROCLAMATIONS OF
Morris E. Osburn, Shelbyville, Missouri, as a member of
the Public Service Commission for a term ending April 15,
1947, and until his successor is duly appointed and qualified;
vice, Albert Miller, resigned.
I designate the said Morris E. Osburn as Chairman of the
Public Service Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
APRIL 18, 1945
Front the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 18, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Charles L. Henson, Springfield, Missouri, as a member
of the Public Service Commission, for a term ending April 15,
1951, and until his successor is appointed and qualified; vice,
reappomtment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 343
TO THE SENATE
APKIL 19, 1945
From the Journal of the Senate, p. 494
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 19, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
John A. Harris, Columbia, Missouri, as Adjutant General
of the State of Missouri, for a term ending at the pleasure
of the Governor; vice, Clifford W. Gaylord.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE SENATE
MAY 2, 1945
From the Journal of the Senate, p. 607
EXECUTIVE OFFICE, -STATE OF MISSOURI, JEFFERSON CITY,
May 2, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Miss Nelle Cummins, Democrat, 5503 Tracy, Kansas
City, Missouri, as a member of the Board of Managers of the
State Eleemosynary Institutions, for a term ending June 19,
344 MESSAGES AND PROCLAMATIONS OF
1947, and until her successor is appointed and qualified; vice,
Mrs. Alice R. Seidlitz, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MAY 10, 1945
From the Journal of the Senate, p. 683
EXECUTIVE OFFICE, >STATE OF MISSOURI, JEFFERSON CTTY,
May 10, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
William Wildeboor, Democrat, Jefferson City, Missouri,
as a member of the State Social Security Commission, for a
term ending four years from the time of his appointment and
qualification and until his successor shall be appointed and
qualified; vice, Wallace Crossley, deceased.
Roy E. Taylor, Republican, Herculaneum, Missouri, as
a member of the State Social Security Commission, for a term
ending four years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, William T. Nardin, term expired.
Carl G. Stifel, Republican, 625 S. Skinker, St. Louis,
Missouri, as a member of the State Social Security Commis-
sion, for a term ending June 29, 1945, and until his successor
is duly appointed and qualified; vice, Morton T. Jones,
resigned.
I designate the said William Wildeboor as Chairman of
the State Social Security Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 345
TO THE GENERAL ASSEMBLY AND
THE SECRETARY OF STATE
MAY 12, 1945
From the Journal of the House of Representatives, p. 922
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 12, 1945,
To the Secretary of State:
To the Senate of the 63rd General Assembly of the State of
Missouri:
To the House of Representatives of the 63rd General Assembly of
the State of Missouri:
In accordance with the provisions of Senate Committee
Substitute for Senate Bill No. 24, I have appointed the fol-
lowing persons to serve with members of the House and Sen-
ate on a Commission to visit the Tennessee Valley Authority
and make a report of its findings and recommendations as
provided for in said Senate Committee Substitute for Senate
Bill No. 24:
Colonel Frank G. Jonah, 7364 Pershing Avenue, Univer-
sity City, 5, Missouri.
F. V. Heinkel, President, Missouri Farmers Association,
Robertsville, Missouri,
L. T. Berthe, Charleston, Missouri.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
Attest:
WILSON BELL,
Secretary of State.
P. F. WILLIS,
Chief Clerk.
346 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MAY 21, 1945
From the Journal of the Senate, p. 773
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 21, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Frank L. Ramacciotti, Democrat, 4919 McCausland Ave-
nue, St. Louis, Missouri, as a member and Chairman of the
Board of Election Commissioners for the City of St. Louis,
Missouri, for a term ending four years from the time of his
appointment and qualification and until his successor shall be
appointed and qualified; vice, Jesse W. Barrett, term expired.
Henry A. Hamilton, Republican, 1226 Clara Avenue, St.
Louis, Missouri, as a member and Secretary of the Board of
Election Commissioners for the City of St. Louis, Missouri,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, Alphonse G. Eberle, term expired.
Lawrence Boogher, Democrat, 6241 Waterman Avenue,
St. Louis, Missouri, as a member of the Board of Election
Commissioners for the City of St. Louis, Missouri, for a term
ending four years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, A. Sidney Johnston, term expired.
George P. Utter, Republican, 5619 Neosho, St. Louis,
Missouri, as a member of the Board of Election Commissioners
for the City of St. Louis, Missouri, for a term ending four
years from the time of his appointment and qualification and
until his successor shall be appointed and qualified; vice, Wil-
liam J. Blesse, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 347
TO THE HOUSE OF REPRESENTATIVES
JUNE 4, 1945
From the Journal of the House of Representatives, pp. 11 52-11 53
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 4, 1945.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Bill No. 268, entitled:
"AN ACT
"To appropriate money for the cost of assessing and
collecting the revenue and to pay the per diem of the
Secretary of the State Board of Equalization and other
expenses for the period beginning July 1, 1945, and end-
ing June 30, 1946, with an emergency clause."
I have approved House Bill No. 268. However, I respect-
fully wish to make the following statement in connection with
one item in this bill:
Section 1, among other things, states, "Including the per
diem of the Secretary." Then under "Personal Service" it
states :
"Per Diem of the Secretary $1000.00,"
This is very indefinite and does not give any indication
as to what secretary or to whom the $1000.00 should be paid.
However, in the title of the bill it is stated, "to pay the per
diem of the Secretary of the State Board of Equalization."
The title of a bill is supposed to refer to or point out the
subject matter contained in the bill. As has been stated by
one of the courts, "The evident object of the provision of the
organic law relative to the title of an act was to have the title,
like a guide-board, indicate the general contents of the bill."
.... However, in House Bill No. 268 the title refers to
or points out subject matter that is not in the bill because no
reference whatever is made in Section 1 of the bill to the
State Board of Equalization. If we consider the title as a
348 MESSAGES AND PROCLAMATIONS OF
part of the bill, then, of course, we know that the Secretary
of the State Board of Equalization is referred to, but the seri-
ous question is, as above stated, that the title refers to or
points out a matter that is not in the bill itself.
The intention of the legislature as expressed in the title
of this act is "To appropriate money ... to pay the per
diem of the Secretary of the State Board of Equalization."
... I am resolving the benefit of the doubt in favor of the
validity of this item in the bill, but respectfully call attention
to the fact that some official or department of the State gov-
ernment should be designated in the bill to whom appropria-
tions shall be paid.
On June 4, 1945, I approved said House Bill No. 268.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 6, 1945
From the Journal of the Senate, pp. 893-894
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Paul Hamilton, 1055 West 55th Street, Kansas City, Mis-
souri, as a member of the Board of Police Commissioners for
Kansas City, Missouri, for a term ending July 8, 1945, and
until his successor is duly appointed and qualified; vice,
Harry M. Gambrel, resigned.
Roger S. Miller, 660 Romany Road, Kansas City, Mis-
souri, as a member of the Board of Police Commissioners for
GOVERNOR PHIL M. DONNELLY 349
Kansas City, Missouri, for a term ending July 8, 1948, and
until his successor is duly appointed and qualified; vice,
Milton B. Schweiger, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 6, 1945
From the Journal of the Senate, p. 894
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
1 have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
V. J. O'Flaherty, Jr., 909 Baltimore Avenue, Kansas
City, Missouri, as a member of the Missouri Real Estate
Commission, for a term ending three years from, the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, Byron T. Shutz, term
expired.
Ray R, Dolan, 6401 Manchester Avenue, St. Louis, Mis-
souri, as a member of the Missouri Real Estate Commission,
for a term ending three years from the time of his appoint-
ment and qualification and until his successor shall be ap-
pointed and qualified; vice, Eugene D. Ruth, Jr., term expired.
Respectfully submitted,
PHIL M- DONNELLY,
Governor.
350 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 6, 1945
From the Journal of the Senate, pp. 902-90$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
Under the provisions of Senate Committee Substitute for
Senate Bill No. 44 I have appointed the following persons as
members of the commission known as the Missouri State
School Commission:
Oak Hunter, Democrat, Moberly, Missouri, for a term
ending at the pleasure of the Governor.
Henry C. Clark, Democrat, Boonville, Missouri, for a
term ending at the pleasure of the Governor.
Homer L. Pruett, Democrat, Higginsville, Missouri, for
a term ending at the pleasure of the Governor.
Roy H. Monier, Republican, Carrollton, Missouri, for a
term ending at the pleasure of the Governor.
V. A. Sheppard, Republican, Richmond, Missouri, for a
term ending at the pleasure of the Governor.
T. G. Banning, Republican, Brookfield, Missouri, for a
term ending at the pleasure of the Governor.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 351
TO THE SENATE
JUNE 7, 1945
From the Journal of the Senate, p. 905
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 7, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Ludwick Graves, Democrat, 630 West 61st Street, Kan-
sas City, Missouri, as a member and Chairman of the Board
of Election Commissioners for the City of Kansas City, Mis-
souri, for a term ending four years from the time of his appoint-
ment and qualification and until his successor shall be ap-
pointed and qualified; vice, Harry L. Thomas, term expired.
Richard C. Jensen, Republican, 319 East Dartmouth,
Kansas City, Missouri, as a member and Secretary of the
Board of Election Commissioners for the City of Kansas City,
Missouri, for a term ending four years from the time of his
appointment and qualification and until his successor shall be
appointed and qualified; vice, Thomas R. Hunt, term expired.
Joseph R. Stewart, Democrat, 6933 Penn, Kansas City,
Missouri, as a member of the Board of Election Commissioners
for the City of Kansas City, Missouri, for a term ending four
years from the time of his appointment and qualification and
until his successor shall be appointed and qualified; vice,
William Francis Woodruff, term expired.
Wm. E. Davis, Republican, 700 Ward Parkway, Kansas
City, Missouri, as a member of the Board of Election Com-
missioners for the City of Kansas City, Missouri, for a term
ending four years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Herman M. Langworthy, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
352 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 25, 1945
From the Journal of the Senate, p. 1040
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON OTY,
June 25, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Win. L. Smith, 7611 Rosedale Drive, Normandy, Mis-
souri, as State Purchasing Agent, for a term ending at the
pleasure of the Governor; vice, Ted R, Ferguson.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 25, 1945
From the Journal of the Senate, p. 1041
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 25, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Carl G. Stifel, Republican, 625 S. Skinker, St. Louis,
Missouri, as a member of the State Social Security Commis-
GOVERNOR PHIL M. DONNELLY 353
sion, for a term of four years commencing June 30, 1945, and
until his successor is duly appointed and qualified; vice,
reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, pp. 1066-1067
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Ronnie F. Greenwell, Hayti, Missouri, as a member of
the State Soil Districts Commission, for a term ending three
years from the time of his appointment and qualification and
until his successor is duly appointed and qualified; vice,
reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
354 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1O67
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Clarence Evans, Democrat, Paris, Missouri, as a member
of the State Tax Commission for a term ending June 17, 1951,
and until his successor is duly appointed and qualified; vice,
reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1037
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Harry P. Drisler, Slater, Missouri, to represent em-
ployees as a member of the Unemployment Compensation
GOVERNOR PHIL M. DONNELLY 355
Commission of Missouri, for a term ending June 17, 1951,
and until his successor is duly appointed and qualified; vice,
reappointment
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. IMS
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
A. H, Cuneo, 6529 Edgevale Road, Kansas City, Mis-
souri, as a member of the Missouri State Board of Account-
ancy, for a term ending five years from the time of his appoint-
ment and qualification and until his successor shall be ap-
pointed and qualified; vice, F, R, Brodie, term expired.
Respectfully submitted,
PHILM, DONNELLY,
Governor,
356 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1068
EXECUTIVE OFFICE, STATE or MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Walter L. Rathmann, architect, 316 N. Eighth Street,
St. Louis, Missouri, as a member of the State Board of Regis-
tration for Architects and Professional Engineers, for a term
ending six years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, reappointment.
Frank Beard, professional engineer, Kahoka, Missouri, as
a member of the State Board of Registration for Architects
and Professional Engineers for a term ending six years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, reapp ointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 357
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1069
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Doctor Major G, Seelig, 4954 Lindell Boulevard, St. Louis,
Missouri, as a member of the Cancer Commission for the
State of Missouri, for a term ending at the pleasure of the
Governor; vice, reapp ointment.
W. Ed Jameson, Fulton, Missouri, as a member of the
Cancer Commission for the State of Missouri, for a term end-
ing at the pleasure of the Governor; vice, Leo H. Johnson.
Doctor Clifton Smith, 2502 Faraon Street, St. Joseph,
Missouri, as a member of the Cancer Commission for the State
of Missouri, for a term ending at the pleasure of the Governor;
vice, William M. Clark.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
358 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1O69
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Doctor Ralph A. Kinsella, 4376 Westminster, St. Louis,
Missouri, as a member of the State Board of Health of Mis-
souri, for a term ending four years from the time of his appoint-
ment and qualification and until his successor shall be
appointed and qualified; vice, Doctor Cleveland H. Shutt,
term expired.
Doctor George E. Knappenberger, 8330 Holmes, Kansas
City, Missouri, as a member of the State Board of Health
of Missouri, for a term ending four years from the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, Doctor Ira H. Lockwood,
term expired.
Doctor Frank H, Rose, Albany, Missouri, as a member
of the State Board of Health of Missouri, for a term ending
four years from the time of his appointment and qualification
and until his successor shall be appointed and qualified; vice,
Doctor John I. Byrne, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 359
TO THE SENATE
JUNE 26, 1945
From the Journal of the Senate, p. 1070
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Sister M. Geraldine Kulleck, 6420 Clayton Avenue, St.
Louis, Missouri, as a member of the Board of Examiners and
Registrars of Nurses, for a term ending three years from the
time of her appointment and qualification and until her suc-
cessor shall be appointed and qualified; vice, reappointment.
Doctor William C, Weinsberg, 3451 Halliday Avenue, St.
Louis, Missouri, as a member of the Board of Examiners and
Registrars of Nurses, for a term ending three years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, Doctor Max
Starkloff, term expired.
Mrs. Corinne Hamilton, 505 West 31st Street, Apartment
9, Kansas City, Missouri, as a member of the Board of Ex-
aminers and Registrars of Nurses, for a term ending three
years from the time of her appointment and qualification and
until her successor shall be appointed and qualified; vice, Mrs.
Lela Rahe Smith, term expired.
Mrs. Delia J. Ream, Kirksville, Missouri, as a member
of the Board of Examiners and Registrars of Nurses, for a
term ending December 1, 1945, and until her successor is duly
appointed and qualified; vice, Miss Ruth Story, deceased.
Miss Luna Thomas, 2817 S. Kingshighway, St. Louis,
Missouri, as a member of the Board of Examiners and Regis-
trars of Nurses, for a term ending three years from the time
of her appointment and qualification and until her successor
360 MESSAGES AND PROCLAMATIONS OF
shall be appointed and qualified; vice, Miss Mabel Kehoe,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, pp. 1O7 6-1077
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Lon N. Irwin, 2715 Monterey Street, St. Joseph, Mis-
souri, as the Commissioner of Labor and Industrial Inspection,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, Orville S. Traylor, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 361
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, p. 1077
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Chas. W. Riley, Medical Arts Building, Springfield, Mis-
souri, as a member of the Board of Pharmacy, for a term end-
ing five years from the time of his appointment and qualifi-
cation and until his successor shall be appointed and qualified;
vice, W. C. McGreevy, term expired.
Vincent Murphy, 701 West 74th Street, Kansas City,
Missouri, as a member of the Board of Pharmacy, for a term
ending July 2, 1946, and until his successor is duly appointed
and qualified; vice, Ted 0. Willard, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Jowmal of the Senate, pp. 10T7-1078
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON CITY,
June &7, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office;
362 MESSAGES AND PROCLAMATIONS OF
Doctor J. Max Daniel, 401 Bryant Building, Kansas
City, Missouri, as a member of the State Board of Optometry
for a term ending five years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, reappointment.
Doctor Dale P. Summers, 200 Guitar Building, Colum-
bia, Missouri, as a member of the State Board of Optometry
for a term ending five years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, Doctor J. Allen Selvidge, term expired.
Doctor George A. Winterer, 202 N. 7th Street, St. Louis,
Missouri, as a member of the State Board of Optometry, for
a term of five years commencing June 30, 1945, and until
his successor shall be appointed and qualified; vice, Doctor
Alois A. Winterer, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, p. 1078
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Mrs. Frances S. Burkhardt, Forest Park Hotel, St. Louis,
Missouri, as a member of the Board of Managers of the Mis-
souri School for the Blind, for a term ending four years from
the time of her appointment and qualification and until her
successor shall be appointed and qualified; vice, reappointment.
GOVERNOR PHIL M. DONNELLY 363
Martin J. Collins, 2919 Allen Avenue, St. Louis, Missouri,
as a member of the Board of Managers of the Missouri School
for the Blind, for a term ending four years from the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, reappointment.
Oliver W. Chilton, Caruthersville, Missouri, as a member
of the Board of Managers of the Missouri School for the Blind,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, reappointment.
Doctor Martin J. Glaser, 3550 Hawthorne Blvd., St. Louis*
Missouri, as a member of the Board of Managers of the Mis-
souri School for the Blind, for a term ending four years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, Doctor C. C.
Chesterson, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1M5
From the Journal of the Senate, p. 1079
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor T. T. Umbarger, 1435 E. Delnxar, Springfield
Missouri, as a member of the Missouri Dental Board, for a
term ending five years from the time of his appointment and
364 MESSAGES AND PROCLAMATIONS OF
qualification and until his successor shall be appointed and
qualified; vice, Doctor Jack Grant, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, p. 1098
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
John Gartner, Paul Brown Building, St. Louis, Missouri,
as a member of the State Board of Barber Examiners, for a
term ending four years from the time of his appointment and
qualification and until his successor shall be appointed and
qualified; vice, Wm. J. Kloppenberg, term expired.
J. C. Green, Doniphan, Missouri, as a member of the
State Board "of Barber Examiners, for a term ending four
years from the time of his appointment and qualification and
until his successor shall be appointed and qualified; vice, L. N.
Dixon, term expired.
J. E. Johnson, 5820 Forest, Kansas City, Missouri, as a
member of the State Board of Barber Examiners, for a term
ending four years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Harry G. Sloan, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 365
TO THE SENATE
JUNE 27, 1945
From the Jcnirnal of the Senate, p. 1099
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Doctor T. C. Oyler, Brookfield, Missouri, as a member
of the State Board of Chiropractic Examiners, for a term
ending three years from the time of his appointment and
qualification and until his successor shall be appointed and
qualified; vice, reappointment.
Doctor S. J. Durham, 1930 North Circle Drive, Jeffer-
son City, Missouri, as a member of the State Board of Chiro-
practic Examiners, for a term ending three years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, Doctor Roy M.
Keller, term expired.
Doctor Otto C. Reinert, 4712a Natural Bridge Avenue,
St. Louis, Missouri, as a member of the State Board of Chiro-
practic Examiners, for a term ending three years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, Doctor Kenneth
0' Bryan, term expired.
Doctor F. L. Sisson, Jr., Sikeston, Missouri, as a member
of the State Board of Chiropractic Examiners, for a term end-
ing three years from the time of his appointment and quali-
fication and until his successor shall be appointed and qualified;
vice, Doctor John C. Bull, term expired.
Doctor Kenneth H. Davis, 4035 Prospect Avenue, Kan-
sas City, Missouri, as a member of the State Board of Chiro-
practic Examiners, for a term ending three years from the
366 MESSAGES AND PROCLAMATIONS OF
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, pp. 1099-1100
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
John J. Powers, Democrat, 6250 Westminster Place, St.
Louis, Missouri, as a member of the State Highway Com-
mission, for a term ending December 1, 1947, and until his
successor is duly appointed and qualified; vice, George H.
Davis, resigned.
William A. Snider, Republican, Albany, Missouri, as a
member of the State Highway Commission, for a term ending
December 1, 1945, and until his successor is duly appointed
and qualified; vice, William C. Connett, resigned,
I designate Paul C. Jones, member of the State Highway
Commission, as Chairman of the said State Highway
Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 367
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, p. 1100
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
H. B. Masterson, Hayti, Missouri, as a member of the
Board of Curators of Lincoln University of Missouri, for a
term ending January 1, 1950, and until his successor is duly
appointed and qualified; vice, Joseph M. McCune, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, pp. 1100-1101
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Mark D. Eagleton, 3746 Grandel Square, St. Louis, Mis-
souri, as a member of the Board of Police Commissioners for
368 MESSAGES AND PROCLAMATIONS OF
the City of St. Louis, Missouri, for a term ending four years
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, Edwin
Huffman, term expired.
Ben L. Liberman, 4605 Lindell Blvd., St. Louis, Missouri,
as a member of the Board of Police Commissioners for the City
of St. Louis, Missouri, for a term ending four years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, Louis Shifrin,
term expired.
Francis L. George, 6210 Westminster, St. Louis, Missouri,
as a member of the Board of Police Commissioners for the
City of St. Louis, Missouri, for a term ending four years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, Thomas F.
Muldoon, term expired.
Thomas H. Cobbs, 506 Olive Street, St. Louis, Missouri,
as a member of the Board of Police Commissioners for the
City of St. Louis, Missouri, for a term ending four years from
the time of his -appointment and qualification and until his
successor shall be appointed and qualified; vice, Edwin B.
Meissner, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, p. 1101
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I desire to hereby withdraw from your consideration the
names of Doctor Major G. Seelig, 4954 Lindell Boulevard,
GOVERNOR PHIL M. DONNELLY 369
St. Louis, Missouri; W. Ed. Jameson, Fulton, Missouri; and
Doctor Clifton Smith, 2502 Faraon Street, St. Joseph, Mis-
souri, for appointment as members of the Cancer Commission
for the State of Missouri.
Respectfully,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1945
From the Journal of the Senate, pp. 11O1~110%
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEESON CITY,
June 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
On June 27, 1945, I transmitted to you the name of
Mark D. Eagleton as a member of the Board of Police Com-
missioners for the City of St. Louis, Missouri, and I gave his
address as 3746 Grandel Square. However, his residence
address is 4608 Tower Grove, St. Louis City. I respectfully
request that his address be corrected to read 4608 Tower
Grove instead of 3746 Grandel Square.
Respectfully,
PHIL M. DONNELLY,
Governor.
370 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 28, 1945
From the Journal of the Senate, pp. 1131-11S&
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
John Q. Brown, Democrat, 7814 Forsythe Blvd., Clay-
ton, Missouri, as a member and Chairman of the Board of
Election Commissioners for the County of St, Louis, Missouri,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, Harold D. Carey, term expired.
Oscar Habenicht, Republican, 60 Fair Oaks, City of La-
due, St. Louis County, Missouri, as a member and Secretary
of the Board of Election Commissioners for the County of
St. Louis, Missouri, for a term ending four years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, L. John Weber,
term expired.
Eugene G. Tighe, Democrat, 5501 Old Florissant Road,
Normandy, St. Louis County, Missouri, as a member of the
Board of Election Commissioners for the County of St. Louis,
Missouri, for a term ending four years from the time of his
appointment and qualification and until his successor shall be
appointed and qualified; vice, William O'Herin, term expired.
Elmer W. Held, Republican, 7811 Grove Avenue, Shrews-
bury, St. Louis County, Missouri, as a member of the Board
of Election Commissioners for the County of St. Louis, Mis-
souri, for a term ending four years from the time of his appoint-
ment and qualification and until his successor shall be ap-
pointed and qualified; vice, Harry Richards, term expired.
Respectfully submitted,
PHIL M. DCXNTNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 371
TO THE SENATE
JUNE 28, 1945
From the Journal of the Senate, p. 1132
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
George D. Clayton, Jr., Democrat, Hannibal, Missouri,
as a member of the State Commission of Resources and De-
velopment, for a term ending November 31, 1945, and until
his successor is duly appointed and qualified; vice, D. Howard
Doane, resigned.
I designate the said George D. Clayton, Jr., as Chairman
of the State Commission of Resources and Development.
D. W. Snyder, Republican, Jefferson City, Missouri, as
a member of the State Commission of Resources and Develop-
ment, for a term ending November 21, 1945, and until his
successor is duly appointed and qualified; vice, Doctor H. A.
Buehler, deceased.
I designate the said D. W, Snyder as Vice-Chairman of
the State Commission of Resources and Development.
Bert Cooper, Democrat, Maryville, Missouri, as a mem-
ber of the State Commission of Resources and Development,
for a term ending November 21, 1947, and until his successor
is duly appointed and qualified; vice, R. A. Johnston, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
372 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 28, 1946
From the Journal of the Senate, p. 11*3
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Doctor Major G. Seelig, 4954 Lindell Boulevard, St. Louis,
Missouri, as a member of the Cancer Commission for the State
of Missouri, for a term ending at the pleasure of the Governor;
vice, reappointment.
W. Ed Jameson, Fnlton, Missouri, as a member of the
Cancer Commission for the State of Missouri, for a term end-
ing at the pleasure of the Governor; vice, Leo H. Johnson.
Doctor Clifton Smith, 2502 Faraon Street, St. Joseph,
Missouri, as a member of the Cancer Commission for the State
of Missouri, for a term ending at the pleasure of the Governor;
vice, William M. Clark.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 28, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
GOVERNOR PHIL M. DONNELLY 373
Burney Fishback, Perry, Missouri, as a member of the
Board of Managers of the Missouri School for the Deaf, for
a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, reapp ointment.
John 0. Newberry, Jefferson City, Missouri, as a member
of the Board of Managers of the Missouri School for the Deaf,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, A. A. Jordan, term expired.
James A. Coder, Lewistown, Missouri, as a member of
the Board of Managers of the Missouri School for the Deaf,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, A. B. Weyer, term expired.
J. Frank Hensley, Fulton, Missouri, as a member of the
Board of Managers of the Missouri School for the Deaf, for
a term ending February 1, 1947, and until his successor is
duly appointed and qualified; vice, Waldo Smith, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 28, 1945
From the Journal of the Senate, pp. 1141~114&
EXECUTIVE OFFICE, -STATE OF MISSOURI, JEFFERSON CITY,
June 28, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
On June 26, 1945, I reappointed Walter L. Rathmann, as
a member of the State Board of Registration for Architects
and Professional Engineers, subject to approval of the Senate.
374 MESSAGES AND PROCLAMATIONS OF
I am now in receipt of a telegram from Mr. Rathmann advis-
ing me that he is unable to serve on this board. Therefore, I
desire to withdraw from your consideration the name of
Walter L. Rathmann and submit to you the following appoint-
ment, subject to the approval of the Senate:
W. Oscar Mullgardt, architect, 1620 Chemical Building,
St. Louis, Missouri, as a member of the State Board of Regis-
tration for Architects and Professional Engineers, for a term
ending six years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Walter L. Rathmann, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 16, 1945
From the Journal of the Senate, p. 1192
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 16, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 86, entitled:
"AN ACT
'To repeal Section 9278 of Article 1, Chapter 51,
Revised Statutes of Missouri, 1939, relating to eleemos-
ynary institutions and the authority of the superintend-
ent of the several eleemosynary institutions to control
and manage them and superintendent's compensation,
and to enact a new section in lieu thereof to be known as
Section 9278, relating to the same subject matter, with
an emergency clause."
GOVERNOR PHIL M. DONNELLY 375
On July 16, 1945, I approved said Senate Bill No. 86.
However, I wish to call attention to the fact that the
Journal of the House on June 29, 1945, at page 1466, shows
that the emergency clause received 98 votes, therefore, failed
of adoption. On page 1487 of the Journal of the House on
July 9, 1945, a correction of the House Journal of June 29 was
made, showing two additional votes for the emergency clause,
making the total vote 100. I seriously doubt if the House
Journal of June 29 can be legally corrected in this manner,
especially after the motion to lie on the table was adopted.
For that reason I think the emergency clause failed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 19, 1945
From the Journal of the Senate, p. 1195
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 19, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Paul Hamilton, 1005 West 55th Street, Kansas City, Mis-
souri, as a member of the Board of Police Commissioners for
Kansas City, Missouri, for a term ending July 8, 1949, and
until his successor is duly appointed and qualified; vice,
reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
376 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 24, 1945
From the Journal of the Senate, pp. 12O1-1202
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 24, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 32, entitled:
"An Act to make it valid for any person, a resident
of Missouri, even though such person is under the age of
twenty-one years, who served honorably in the active
military or naval service of the United States at any time
after September 16, 1940, and prior to the termination
of the present war, to borrow money for certain specified
purposes and to execute a deed of trust, mortgage, con-
tract, agreement, conveyance or any other instrument in
writing, as required under the provisions of the Service-
men's Readjustment Act of 1944, and to provide such
person and his or her spouse shall not have the right to
repudiate his written obligation because it was signed
while he was under the age of twenty-one years, and
validating contracts made by persons under the age of
twenty-one years prior to the effective date of this Act
in obtaining guaranties of loans under Servicemen's Re-
adjustment Act of 1944, and empowering all persons resid-
ing or doing business in Missouri to make loans under
the Servicemen's Readjustment Act of 1944, with an
emergency clause."
On July 24, 1945, I approved said Senate Bill No. 32.
However, I wish to offer the following suggestion:
The last part of Section 2, page 3, lines 26 to 31, inclu-
sive, is as follows:
"And any instrument executed prior to the effective date
of this Act by a person in obtaining guaranty of a loan
GOVERNOR PHIL M. DONNELLY 377
under the Servicemen's Readjustment Act of 1944 only
who is under the age of twenty-one years but not under
the age of eighteen years when signing such instrument
is hereby validated, ratified and confirmed."
I believe this part to be unconstitutional because it vio-
lates Section 13, Article I, of the Constitution of 1945, which
provides as follows:
"Section 13. That no ex post facto law, nor law im-
pairing the obligation of contracts, or retrospective in its
operation, or making any irrevocable grant of special
privileges or immunities, can be enacted."
I think the remainder of Section 2 is constitutional, but
I call this to the attention of the General Assembly because
the part which I believe to be unconstitutional may cause
some unfortunate litigation in the future.
The fact that a part of Section 2 is unconstitutional does
not render the whole section unconstitutional if the remainder
of the section is complete within itself.
On this question the Supreme Court of Missouri in the
case of Poole & Creber Market Co. v. Breshears, 125 S. W.
(2d) 23, 1. c. 32 said:
"Moreover, even if the legislative declaration above
quoted should be held void, as unconstitutional, it would
not affect the validity of the remainder of the statute.
It is well settled that a statute may be sustained as con-
stitutional in part though void in other parts, unless its
provisions are so connected and interdependent that it
cannot be presumed the legislature would have enacted
one without the other. 'The test ... is whether or
not . . ., after separating that which is invalid, a law
in all respects complete and susceptible of constitutional
enforcement is left, which the Legislature would have
enacted if it had known that the exscinded portions were
invalid.' State ex rel. Audrain County v. Hackmann,
275 Mo. 534, 205 S. W. 12, 14. The rule is thus succinctly
stated in State ex inf. Hadley v. Washburn, 167 Mo. 680,
697, 67 S. W. 592, 596, 90 Am. St. Rep. 430: 'Where
the part of an act that is unconstitutional does not enter
378 MESSAGES AND PROCLAMATIONS OF
into the life of the act itself, and is not essential to its
being, it may be disregarded, and the rest remain in force.'
That is the case before us. The declaration complained
of may be eliminated and a law remains as complete and
workable in every respect as it is with that declaration
and which would be fully express and effectuate the
obvious legislative purpose."
It is my opinion that the unconstitutional part does not
enter into the life of the section itself and it may be disre-
garded and the rest of the section remain in force and effect.
However, I suggest that it might be advisable, while this
General Assembly is in session, for another bill to be intro-
duced, striking out of said Section 2 the above mentioned
unconstitutional part.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
•JULY 27, 1945
Front the Xournal of the Senate, p. 1&08
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 27, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 47, entitled:
"AN ACT
"To repeal Section 11475 of Article 2, Chapter 76,
Revised Statutes of Missouri, 1939, relating to elections
and the counting of the votes cast by absent voters, and
to enact a new section in lieu thereof relating to the same
subject matter, and providing a method of selection of
persons to open, canvass, count and certify said votes, to
be known as Section 11475, with an emergency clause/'
GOVERNOR PHIL M. DONNELLY 379
On July 27, 1945, I approved said Senate Bill No. 47,
However, I wish to call the following to the attention of
the General Assembly:
This bill provides that the county court or board of elec-
tion commissioners, as the case may be, shall have jurisdic-
tion in the appointment of election judges and in each instance
where the county court is mentioned the bill provides "or the
board of election commissioners, as the case may be," with
the exception that it does not so provide in lines 19 and 25
on page 2 of the printed bill Truly Agreed To and Finally
Passed.
Line 19 directs the central committee of each of the two
dominant political parties to furnish the county court with the
list and does not authorize said committee to furnish such a
list to a board of election commissioners. Line 25 authorizes
the county court to select and appoint such election judges
when the central committee of a party fails to submit a list
of judges but does not authorize or empower a board of elec-
tion commissioners to make the appointment under those
circumstances.
If the General Assembly intended that a board of election
commissioners should also exercise these powers and duties,
the words "or a board of election commissioners, as the case
may be," should have been added after the words "county
court" in both lines 19 and 25.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
380 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 31, 1945
From the Journal of the Senate, pp. 1209-1210
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 31, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Thomas E. Whitecotton, Huntington, Rails County, Mis-
souri, as a Commissioner of the Department of Penal Institu-
tions, for a term of four years from August 1, 1945, and until
his successor is appointed and qualified; vice, Lloyd I. Miller,
resigned.
I designate the said Thomas E. Whitecotton as Director
of Penal Institutions.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 6, 1945
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
GOVERNOR PHIL M. DONNELLY 381
Edward L. Clark, Rolla, Missouri, as State Geologist, for
a term ending August 1, 1949, and until his successor is duly
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 6, 1945
From the Journal of the Senate, p. 1221
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
D. P. Williams, 1 Crestwood Drive, Clayton, Missouri,
as a member of the Missouri State Board of Accountancy, for
a term ending five years from the time of his appointment and
qualification and until his successor shall be appointed and
qualified; vice, Erik C. Boye, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
382 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
AUGUST 6, 1945
From the Jowrnal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor D. W. McKinnon, St. Joseph, Missouri, as a mem-
ber of the Missouri Dental Board, for a term ending October
16, 1946, and until his successor shall be appointed and quali-
fied; vice, Doctor Howard C. McCoy, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 6, 1946
From the Journal of the Senate 9 p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON €ITY,
August 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Oliver J. Steppig, 3929 Iowa Avenue, St. Louis, Missouri,
as a member of the Board of Pharmacy, for a term ending
GOVERNOR PHIL M. DONNELLY 383
five years from the time of his appointment and qualification
and until his successor shall be appointed and qualified; vice,
Will H. Harper, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 6, 1945
From the Jwurnal of the Semite, pp. 1 222-1 2&S
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEESON CITY,
August 6, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
On June 27, 1945, I appointed Vincent Murphy, 701 West
74th Street, Kansas City, Missouri, a member of the Board
of Pharmacy, for a term ending July 2, 1946, to fill the unex-
pired term caused by the resignation of Ted 0. Willard. On
June 28, 1945, I was advised that Vincent Murphy, although
the owner of several drug stores, is not licensed to practice
pharmacy in Missouri and therefore not eligible for appoint-
ment to the Board of Pharmacy. I wish to withdraw from
your consideration the name of Vincent Murphy and submit
to you the following appointment, subject to the consent and
approval of the Senate:
Clarence F. Wernel, 3629 West Roanoke Drive, Kansas
City, Missouri, as a member of the Board of Pharmacy, for
a term ending July 2, 1946, and until his successor is duly
appointed and qualified; vice, Ted 0. Willard, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
384 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
AUGUST 31, 1945
From the Journal of the Senate, p. 1227
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 31, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Hugh I. McSkinuning, 604 Chestnut Street, St. Louis,
Missouri, as State Inspector of Oils for a term of four years
from September 1, 1945, and until his successor is appointed
and qualified; vice, George Metzger, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE GENERAL ASSEMBLY
SEPTEMBER 4, 1945
From the Journal of the Senate, p. 18&8
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 4, 1945.
To the Senate and House of Representatives of the 63rd General
Assembly of the State of Missouri:
I have appointed Honorable Morris E. Osburn, Chairman
of the Public Service Commission, and Colonel Hugh H. Wag-
goner, Superintendent of the Missouri State Highway Patrol,
members of the Governor's Committee on Interstate Coopera-
tion to serve with Honorable Clarence Evans, Chairman of
GOVERNOR PHIL M. DONNELLY 385
the State Tax Commission and ex-officio Budget Director,
Honorable J. E. Taylor, Attorney General of Missouri, and
Honorable Hugh Denney, Director of the Missouri State De-
partment of Resources and Development, pursuant to an act
of the 61st General Assembly of Missouri, found in Laws of
Missouri, 1941, page 405.
I designate Honorable Morris E. Osburn as Chairman of
the Governor's Committee on Interstate Cooperation.
The above Committee to serve with the House Com-
mittee on Interstate Cooperation and the Senate Committee
on Interstate Cooperation.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE GENERAL ASSEMBLY
SEPTEMBER 5, 1945
From the Journal of the House of Representatives, p. 1515
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 5, 1945.
To the Senate and House of Representatives of the 63rd General
Assembly of the State of Missouri:
In accordance with the provisions of Senate Committee
Substitute for House Bill No. 161 of the 63rd General Assem-
bly of Missouri, I have designated the State Commission of
Resources and Development as the official agency of the State
of Missouri to cooperate or negotiate with the Chief of Engi-
neers or other authorities as designated in Public Law 534,
78th Congress, Chapter 665, 2d Session (H. R. 4485), or any
amendment thereto.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
386 MESSAGES AND PROCLAMATIONS OF
TO THE GENERAL ASSEMBLY
SEPTEMBER 5, 1945
From the Journal of the House of Representatives, pp. 1521-1522
Members of the Joint Session of the 63rd General Assembly:
It is singularly appropriate that the members of the Gen-
eral Assembly should meet in joint session this afternoon to
commemorate V-J Day and to welcome the dawn of peace.
No more fitting action could be taken by a representative,
legislative body anywhere in the world than the meeting in
this chamber. It is unusually significant that you, the chosen
representatives of the people of this State, meet as you do
today because Missouri has been the recipient of distinguished
and unusual honors. As noted in your Concurrent Resolu-
tion, which called for this assemblage, the scene of the formal
surrender of Japan was upon that mightiest of battleships,
that queen of the greatest Navy this world has ever known —
the magnificent Missouri. On the decks of that most power-
ful craft, named for our beloved State, representatives of the
victorious Allied nations assembled to accept the surrender,
which the representatives of the most arrogant and despotic
Asiatic power since the days of Genghis Khan were compelled
to sign. The history of our Nation and our State will always
record the fact that the event transpired as it did. And Mis-
sourians of generations to come will take note of this signal
honor and will be proud, as we are today, that of all the states
of the Union, ours should have been chosen in this manner.
But we should be derelict, indeed, to all our deeper feel-
ings and emotions if we did not recognize an even greater
significance in these events. With the final surrender of the
arrogant Japanese, the greatest of all wars was brought to
a victorious close. The free nations of the world have con-
quered. Those who feared for the liberties of mankind may
put aside this dread, and turn their thoughts to the ways and
the problems of peace. Let us be equal to those days and
those problems. Let us anticipate the future, and in our
hearts and minds resolve to act with the same high courage
GOVERNOR PHIL M. DONNELLY 387
and the same noble ideals with which our fighting men and
women gave their service to their country. Let us give of
ourselves to that nobler future for which the world is waiting.
And with these thoughts in our hearts, let us remember
those fallen heroes, the gallant youth of Missouri who made
the supreme sacrifice that the ideals of free government and
our way of life might endure. As for those young men and
women whose names are so honorably inscr oiled on memorials
throughout this State, what can we say that will add to the
honor and the glory that is theirs? What tribute can we pay
to them that can adequately convey our devotion to them;
those who so nobly performed the highest duty of citizenship
during our country's awful trial; those who gave that last full
measure of devotion that freedom might live? Their heroic
experiences and supreme sacrifice will forever inspire in our
youth, in all the years to come, the proud and glowing spirit
of patriotism and love of country. With them in death, and
honored with them by those who remain, is their Commander-
in-Chief, who joined the bivouac of the heroic dead so short
a time before victory bells were to ring. Let us not 'forget
him, at this hour.
And so, we meet today, we commemorate the great sur-
render and V-J Day, we pause in this solemn moment of
Thanksgiving. We lay aside the pressing problems of the
moment, as we consecrate ourselves to the future, for the State
which we have the honor to serve. Elected by the free votes
of free citizens of the great free State of Missouri, we assemble
to express our deep and profound feelings, evoked by great
events which culminated in the final surrender of the enemies
of this nation. May we find inspiration in the heroism of the
days that are ending, and in this inspiration find the strength,
the will and the vision to go forward into a new day, along
new paths of honor and of duty. In no other way can we be
worthy of those who fought and died for Missouri and for the
United States of America. We are also mindful that, in these
inspiring days of triumph another, and the greatest honor of
all, has come to our State. The President of the United States
is a Missourian. We take solemn, humble pride in that fact
of history. And we ask Divine Guidance for him in these
moments, as we express our gratitude to the Almighty for the
388 MESSAGES AND PROCLAMATIONS OF
blessings of victory and the opportunities now offered to us
in a peaceful world. May we find courage, and faith, and hope
in His name to welcome that New Era which, God willing,
can be the greatest the world has ever known.
[PHIL M. DONNELLY.]
TO THE SENATE
SEPTEMBER 7, 1945
From the Journal of the Senate, p. 1259
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 7, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Eugene W. Couey, Sedalia, Missouri, as a member of the
Board of Probation and Parole for a term ending four years
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, Earl T.
Crawford, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 389
TO THE SENATE
SEPTEMBER 14, 1945
From the Journal of the Senate, p. 1279
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 14, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
0. J. Creach, Camdenton, Missouri, as a member of the
Board of Probation and Parole for a term ending four years
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, Nelson B.
Evans, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
SEPTEMBER 17, 1945
Front the J&wmal of the Senate, p. 1279
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 17, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Paul V. Renz, Platte City, Missouri, as a Commissioner
of the Department of Penal Institutions, for a term ending
390 MESSAGES AND PROCLAMATIONS OF
August 3, 1949, and until his successor is appointed and
qualified; vice, reappointment.
I designate the said Paul V. Renz, as Commissioner of
Farms.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
SEPTEMBER 17, 1945
From the Journal of the Senate, p. 1280
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 17, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Henry Kenyon, Koshkonong, Missouri, as a member of
the Board of Trustees, Fruit Experiment Station, for a term
ending six years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Robert M. Hitt, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 391
TO THE SENATE
OCTOBER 11, 1945
From the Journal of the Senate, p. 1492
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 11, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Owen G. Jackson, Webster Groves, St. Louis County,
Missouri, as Superintendent of the Insurance Department, for
a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, Edward L. Scheufler, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 16, 1945
From the Journal of the Senate, p. 149$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 16, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Thomas R. Douglass, McBaine, Boone County, Missouri,
as Commissioner of Agriculture, for a term ending four years
392 MESSAGES AND PROCLAMATIONS OF
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, John W.
Ellis, term expired.
Respectfully submitted,
PHIL M. DONNELLY
Governor.
TO THE SENATE
OCTOBER 23, 1945
From the Journal of the Senate, p. 1542
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 23, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Rolla E. Stephens, Joplin, Missouri, as a member of the
Missouri Real Estate Commission, for a term ending October
13, 1948, and until his successor is appointed and qualified;
vice, reappointment
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 393
TO THE SENATE
OCTOBER 23, 1945
From the Journal of the Senate, p. 1542
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 23, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor John C. Gordon, 8000 Seminole, St. Louis County,
Missouri, as a member of the Missouri Dental Board, for a
term ending October 16, 1950, and until his successor is
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 24, 1945
From the Journal of the Senate, p. 1630
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 24, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to ofl&ce:
Proctor N. Carter, Columbia, Missouri, as State Admin-
istrator of the State Social Security Commission for a term
394 MESSAGES AND PROCLAMATIONS OF
ending four years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Parke M. Banta, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
NOVEMBER 13, 1945
From the Journal of the Senate, pp. 1741*174$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
November 13, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Everett Johns, architect, St. Joseph, Missouri, as a mem-
ber of the State Board of Registration for Architects and
Professional Engineers, for a term ending six years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, reappointment.
Bruce Williams, professional engineer, Joplin, Missouri,
as a member of the State Board of Registration for Architects
and Professional Engineers, for a term ending six years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, Ernest E.
Howard, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 395
TO THE SENATE
NOVEMBER 14, 1945
From the Journal of the Senate, p. 1T4&
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
November 14, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Floyd W. Jones, Democrat, Springfield, Missouri, as a
member of the Athletic Commission of the State of Missouri,
for a term ending at the pleasure of the Governor; vice,
Arthur G. Heyne.
William H. Herring, Democrat, 7716 Ivory Avenue, St.
Louis, Missouri, as a member of the Athletic Commission of
the State of Missouri, for a term ending at the pleasure of
the Governor; vice, Ray L. Shubert
John J. Robison, Republican, Maysville, Missouri, as a
member of the Athletic Commission of the State of Missouri,
for a term ending at the pleasure of the Governor; vice, Harry
C. Dodson.
I designate the said Floyd W. Jones as Chairman of the
Athletic Commission of the State of Missouri.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
396 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
DECEMBER 7, 1945
From the Journal of the Senate, pp. 1953-195&
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 7, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 194, entitled:
"AN ACT
'To repeal Sections 2522 to 2811, both inclusive, and
amendments thereto, being all of Chapter 11, Revised
Statutes of Missouri, 1939; an act of the 61st General
Assembly found in the Laws of Missouri, 1941 at pages
415 and 416, approved August 4, 1941, relating to jus-
tices of the peace in townships containing 75,000 and not
over 125,000 inhabitants; and an act of the 62nd General
Assembly found in Laws of Missouri, 1943, pages 623 to
627, approved July 16, 1943 relating to justices of the
peace in counties from 200,000 to 400,000 inhabitants;
all of said acts and sections relating to the organization
of justice courts and the procedure in justice courts gen-
erally; and providing for an effective date,"
On December 7, 1945, I approved said Senate Bill No.
194.
I call your attention to the fact that an act of the 61st
General Assembly, found in the Laws of Missouri, 1941, at
page 414, is not specifically mentioned in this bill, although
said act is a part of Chapter 11. However, the general repeal-
ing clause may have the effect of repealing it.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOK PHIL M. DONNELLY 397
TO THE SENATE
DECEMBER 12, 1945
From the Journal of the Senate, p. 2007
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 12, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Mrs. Delia J. Ream, Kirksville, Missouri, as a member
of the Board of Examiners and Registrars of Nurses, for a
term ending December 1, 1948, and until her successor is duly
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 12, 1945
From the Journal of the Senate, p. 2007
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 12, 1945.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
William A. Snider, Republican, Albany, Missouri, as a
member of the State Highway Commission, for a term ending
398 MESSAGES AND PROCLAMATIONS OF
December 1, 1951, and until his successor is duly appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JANUARY 16, 1946
From the Journal of the Senate, p. 2204
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 16, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
George D. Clayton, Jr., Democrat, Hannibal, Missouri,
as a member of the State Commission of Resources and
Development, for a term ending November 21, 1951, and
until his successor is duly appointed and qualified; vice,
reappointment.
I designate the said George D. Clayton, Jr., as Chairman
of the State Commission of Resources and Development.
D. W. Snyder, Jr., Republican, Jefferson City, Missouri,
as a member of the State Commission of Resources and
Development, for a term ending November 21, 1951, and
until his successor is duly appointed and qualified; vice, re-
appointment.
I designate the said D. W. Snyder, Jr., as Vice-Chairman
of the State Commission of Resources and Development.
Allen P. Green, Jr., Democrat, Mexico, Missouri, as a
member of the State Commission of Resources and Develop-
ment, for a term ending November 21, 1951, and until his
successor is duly appointed and qualified; vice, reappointment*
GOVERNOR PHIL M. DONNELLY 399
Louis H. Breuer, Republican, Rolla, Missouri, as a mem-
ber of the State Commission of Resources and Development,
for a term ending six years from the time of his appointment
and qualification and until his successor is duly appointed and
qualified; vice, Paul Kelleter, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JANUARY 18, 1946
From the Journal of the Senate, p. £248
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 18, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 303, entitled:
"AN ACT
'To repeal Sections 10470, 10491, 10492, 10495,
10499, 10500, 10501, and 10502 of Article V, Chapter 72,
Revised Statutes of Missouri, 1939; and also an act of
the Sixty-first General Assembly, approved June 27, 1941,
pages 545 and 546, Laws of Missouri, 1941; also an act
of the Sixty-second General Assembly, approved August
2, 1943, pages 887 and 888, Laws of Missouri, 1943,
relating to laws applicable to city, town and consolidated
schools and to enact in lieu thereof, nine new sections
to be known as Sections 10470, 10487a, 10491, 10492,
10495, 10499, 10500, 10501, and 10502, relating to the
same subject matter, giving the state board of education
and the state commissioner of education certain powers
and duties heretofore vested in the state superintendent
of public schools."
400 MESSAGES AND PROCLAMATIONS OF
On January 18, 1946, 1 approved said Senate Bill No. 303.
I call attention to the fact that Section 10501, Article 5>
Chapter 72, Revised Statutes of Missouri, 1939, included in
Senate Bill No. 303, was amended by an act of the 61st Gen-
eral Assembly, approved June 12, 1941, Laws of Missouri,
1941, pages 536 and 537, but said act is not mentioned in
this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE HOUSE OF REPRESENTATIVES
JANUARY 18, 1946
From the Journal of the House of Representatives, pp. 2G36-26S7
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 18, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Bill No. 704, entitled:
"AN ACT
"To amend Section 7373, Article 11, Chapter 38, Re-
vised Statutes of Missouri, 1939, relating to assessment
of damages to private property for public use by munic-
ipal corporations, by striking out of said section after the
word 'of in line 9 the words 'Section 21 of Article 11'
and by inserting in lieu thereof the words 'Section 26,
Article L' "
On January 18, 1946, 1 approved said House Bill No. 704.
The only change sought to be made in this bill is striking
out of line 9 of Section 7373 the following: "Section 21 of
Article II" and by inserting in lieu thereof the following:
"Section 26, Article I," in order that said section would com-
GOVERNOR PHIL M. DONNELLY 401
ply with the provisions of the Constitution of 1945. How-
ever, the following error appears in the original bill and was
not corrected in its passage through the General Assembly:
The Roman numeral II (two) is written 11 (eleven).
It is my opinion that if any question should be raised in
regard to this error that the courts would probably hold that
the General Assembly intended to strike out of Section 7373,
Section 21 of Article II (two) although the bill is written Sec-
tion 21 of Article 11 (eleven).
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JANUARY 21, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 21, 1946,
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office
under the provisions of House Committee Substitute for House
Bill No. 528 of the 63rd General Assembly:
Clarence Evans, Democrat, Paris, Missouri, as a member
of the State Tax Commission for a term ending six years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, reappointment.
Jesse A. Mitchell, Republican, Ava, Missouri, as a mem-
ber of the State Tax Commission for a term ending four years
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, reap-
pointment.
402 MESSAGES AND PROCLAMATIONS OF
Charles A. Miller, Democrat, 20 West 36th Street, Kan-
sas City, Missouri, as a member of the State Tax Commission
for a term ending two years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, John T, WaddilL
I designate the said Clarence Evans as Chairman of the
State Tax Commission.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JANUARY 23, 1946
Front the Jcwrnal of the Senate, p. 2304
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 23, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
1 have the honor to transmit to you herewith for your
consent and approval the following appointment to office under
the provisions of House Bill No. 481 of the 63rd General
Assembly:
F. M. Horton, Flat River, Missouri, as the Supervisor
of Savings and Loan Associations, for a term ending at the
pleasure of the Governor; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 403
TO THE SENATE
FEBRUARY 2, 1946
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 2, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 308, entitled:
"AN ACT
"To repeal Sections 10443, 10456, 10458, 10459,
10461, and 10464 of Article IV, Chapter 72, Revised
Statutes of Missouri, 1939: also Section 10463, Revised
Statutes of Missouri, 1939, as amended by an act of the
Sixty-second General Assembly, approved March 3, 1943,
found at pages 888 and 889, Laws of Missouri, 1943; and
also an act of the Sixty-second General Assembly, ap-
proved March 5, 1943, pages 906 to 908, Laws of Mis-
souri, 1943; relating to forming of enlarged school dis-
tricts, duties of certain officers; to provide tax rates,
quotas and apportionment; organization of teaching units;
tuition of certain pupils to be paid by district, how deter-
mined; assignment of pupils, and providing for abandon-
ment of certain buildings and grantng of state aid, and
to enact in lieu thereof eight new sections to be known as
Sections 10443, 10454, 10456, 10458, 10459, 10461, 10463
and 10464 relating to the same subject."
On February 2, 1946, I approved said Senate Bill No. 308.
It is my opinion that the words "state board of equaliza-
tion" in line 30, page 3, Section 10454, Senate Bill No. 308,
should have been stricken out and the words "State Tax Com-
mission** inserted in lieu thereof. The law relating to the
State Board of Equalization was repealed by House Bill No.
529, approved December 19, 1945. In line 8 of the title the
404 MESSAGES AND PROCLAMATIONS OF
word "March" should be "August"; this same error appears
on page 2 in line 8, Section 1.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
PEBEUABY 4, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CtTY,
February 4, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 310, entitled:
"AN ACT
"To repeal Sections 10504 to 10517, both inclusive,
being all of Article 6, Chapter 72, Revised Statutes of
Missouri, 1939, relating to consolidated high school dis-
tricts in counties having a population of more than two
hundred thousand inhabitants and less than three hun-
dred and fifty thousand inhabitants."
On February 4, 1946, 1 approved said Senate Bill No. 310.
I wish to call attention to the fact that Section 10509,
Revised Statutes of Missouri, 1939, is repealed by this bill
(Senate Bill No. 310); this same section, 10509, was repealed
and re-enacted by Senate Bill No. 209 which I approved on
February 1, 1946. In view of the fact that I have approved
Senate Bill No. 310 on February 4, 1946, it is my opinion that
Section 10509, included in Senate Bill No. 209, is repealed by
Senate Bill No. 310 for the reason that Senate Bill No. 310
was the last bill approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 405
TO THE SENATE
FEBRUARY 4, 1946
From the Journal of the Senate, p. $427
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 4, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Frank T. Hodgdon, Hannibal, Missouri, as a member of
the Cancer Commission for the State of Missouri, for a term
ending at the pleasure of the Governor; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 4, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON €ITY,
February 4, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Ernest W, Cooper, Democrat, Lee's Summit, Missouri,
as a member and Chairman of the Board of Election Commis-
sioners for Jackson County, Missouri, for a term ending four
years from the time of his appointment and qualification and
until his successor shall be appointed and qualified; vice, Edwin
S. Carroll, term expired.
406 MESSAGES AND PROCLAMATIONS OF
John W. Mitchell, Republican, Route 3, Box 761, Inde-
pendence, Missouri, as a member and Secretary of the Board
of Election Commissioners for Jackson County, Missouri, for
a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and qualified; vice, C. Roy Layland, term expired.
Fred Redford, Democrat, Route 5, Independence, Mis-
souri, as a member of the Board of Election Commissioners
for Jackson County, Missouri, for a term ending four years
from the time of his appointment and qualification and until
his successor shall be appointed and qualified; vice, John
M. P. Miller, term expired.
Harvey Roney, Republican, 11514 Winner Road, Inde-
pendence, Missouri, as a member of the Board of Election
Commissioners for Jackson County, Missouri, for a term end-
ing four years from the time of his appointment and qualifi-
cation and until his successor shall be appointed and qualified;
vice, Rex V. Hedrick, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
FEBRUARY 18, 1946
From the Journal of the Senate, pp. 2602-2603
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 18, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 193, entitled:
"AN ACT
"To provide for jurisdiction for magistrate courts in
cases of misdemeanor; to provide the manner and form
GOVERNOR PHIL M. DONNELLY 407
of practice and procedure in cases of misdemeanor in such
courts; to provide for the duties of the clerk of the magis-
trate court in such proceeding and the duty of the cir-
cuit court and clerk thereof on appeals; to provide for
the giving of recognizance of witnesses and of the defend-
ant in certain cases; to provide for the collection of costs;
and to provide for the effective date of this act."
On February 18, 1946, I approved said Senate Bill No.
193.
I wish to call attention to the following:
On page 4, Section 6, line 3, the word "if" should be
"is."
On page 8, Section 24, line 2, the word "in" should be
inserted after the word "be" and before the word "writing."
I believe the Secretary of State can insert these words
in parenthesis in their proper places in compiling the Session
Acts.
On page 11, Section 30, line 2, the word "section" should
have been "act," but I doubt if the Secretary of State would
be authorized to place the word "act" in parenthesis after the
word "section" because it might be construed as changing the
meaning of the section.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 18, 1946
From the Journal of the Senate, p. &605
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 18, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 345, entitled:
408 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To repeal Sections 14571, 14572, 14575, and 14577,
of Chapter 104 of the Revised Statutes of Missouri, 1939,
relating to proceedings for the enforcement of laws per-
taining to fences and enclosures, and to enact four new
sections in lieu thereof, relating to the same subject mat-
ter, to be known as Sections 14571, 14572, 14575, and
14577, and providing for an effective date."
On February 18, 1946, I approved said Senate Bill No.
345.
I wish to call attention to the following:
On page 3, Section 14575, line 5, the word "township"
should have been stricken out and the word "county" inserted
in lieu thereof; also, in line 8 of said Section 14575, the word
"justice" should have been stricken out and the word "magis-
trate" inserted in lieu thereof.
Also, on page 3, Section 14577, line 4, the word "town-
ship" should have been stricken out and the word "county"
inserted in lieu thereof.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MABCH 4, 1946
From the Journal of the Senate, p. 2818
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 4, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
GOVERNOR PHIL M. DONNELLY 409
Richard Johnson, 2420 St. Joseph Avenue, St. Joseph,
Missouri, as a member of the Board of Police Commissioners
for the City of St. Joseph, Missouri, for a term ending Feb-
ruary 19, 1949, and until his successor is duly appointed and
qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 6, 1946
From the Journal of the Senate, p. 2900
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 6, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
John A. Harris, Columbia, Missouri, as Commanding
General of the Missouri National Guard, and all the Mili-
tary Forces of the State of Missouri, with rank of Brigadier
General; vice, Lewis M. Means, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
410 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 6, 1946
From the Journal of the Senate, p. 2905
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 6, 1946.
Mr. Kirk Jones, Secretary, Missouri State Senate, Jefferson
City, Missouri.
Dear Mr. Jones.
Please convey to the members of the State Senate my
sincere thanks for the beautiful bouquet of flowers, and the
enrolled copy of the resolution adopted today by the Senate
in honor of my birthday. I deeply appreciate the thought-
fulness of the Senate in doing this.
With kindest regards, I am
Sincerely,
PHIL M. DONNELLY.
TO THE HOUSE OF REPRESENTATIVES
MARCH 18, 1946
From the Journal of the House of Representatives, p. 3577
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 18, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Committee Substitute for House
Bill No. 765, entitled:
"AN ACT
"To repeal Sections 11074, 11077, 11085, 11090,
11093, 11095, 11098, 11099, 11101 and 11105, of Article
GOVERNOR PHIL M. DONNELLY 411
8, Chapter 74, Revised Statutes of Missouri, 1939, relat-
ing to collectors and the collection of taxes, and to enact
in lieu thereof ten new sections relating to the same sub-
ject to be known as Sections 11074, 11077, 11085, 11090,
11093, 11095, 11098, 11099, 11101 and 11105."
On March 18, 1946, I approved said House Committee
Substitute for House Bill No. 765.
I call attention to the fact that on page 5, Section 11101,
lines 9 and 10, the words "an affidavit" should have been
inserted after the comma following the word "Revenue" or
before the word "setting" in line 10. The words "an affidavit"
are in Section 11101, Revised Statutes of Missouri, 1939.
Unless the words "an affidavit" or the word "certificate" or
"statement" or some similar word is used the sentence is
indefinite as to what the collector shall transmit to the Director
of Revenue. I think a bill should be introduced to correct
Section 11101 of this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MARCH 18, 1946
From the Journal of the House of Representatives, pp. S582-3683
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 18. 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Bill No. 864, entitled:
"AN ACT
"To repeal Section 10971A as contained in an act of
the 61st General Assembly, approved July 30, 1941, found
in Laws of Missouri, 1941, page 714, relating to the land
412 MESSAGES AND PROCLAMATIONS, OF
list in counties of 400,000 to 700,000 inhabitants, and to
enact in lieu thereof a new section, relating to the same
general subject matter and applying to all counties of
class one, to be known as Section 10971A."
On March 18, 1946, I approved said House Bill No. 864.
However, I wish to call your attention to the following
words on page 3, Section 10971 A, line 52, "for the use and
benefit of the county." It is my opinion that these words
conflict with the provisions of Section 7, Article IX, of the
Constitution of 1945. Said section provides as follows:
". . . the clear proceeds of all penalties, forfeitures
and fines collected hereafter for any breach of the penal
laws of the State, . . . shall be distributed annually
to the schools of the several counties according to law.'*
House Bill No. 864 provides a penalty for the failure of a
recorder to make up a land list in the manner described and
provides for the procedural method of recovering the penalty.
The wording of the Constitution of 1875 and also the
wording of the amendment adopted November 7, 1944, is very
similar to Section 7, Article IX, of the Constitution of 1945.
The courts have construed this wording to mean that pen-
alties, fines, and forfeitures shall be paid to the school funds
of the several counties of the State. I call your attention to
the following cases: State ex rel. Jones v. Howe Scale Co,,
253 Mo. 63; State ex rel. Lay v. Arthur Greenfield, 205 S. W.
619; State v. Bockstruck, 136 Mo. 335; State v. St. Louis,
Iron Mountain & Southern Ry. Co., 253 Mo. 642. I think
the proceeds of the penalty provided for in this act should
be paid into a fund which shall be distributed to the schools
of the several counties as provided in Section 7, Article IX,
Constitution of 1945, and that the proceeds of said penalty
are not "for the use and benefit of the county," as provided
for in House Bill No. 864.
I do not believe that the words "for the use and benefit
of the county" in line 52 on page 3, affect the remainder of
the act, so, therefore, I have approved House Bill No. 864
GOVERNOR PHIL M. DONNELLY 413
but suggest that a bill be introduced to correct the uncon-
stitutional portion of this bill.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MARCH 26, 1946
From the Journal of the House of Representatives, p. S807
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 26, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Committee Substitute for House
Bill No. 536, entitled:
"AN ACT
"To repeal Article 18, Chapter 74, Revised Statutes
of Missouri, 1939, relating to taxation of merchants, and
to enact in lieu thereof twenty-eight new sections relating
to the same subject matter and to be numbered, 11303,
11304, 11305, 11306, 11307, 11308, 11309, 11309a, 11310,
11311, 11312, 11313, 11314, 11315, 11316, 11317, 11318,
11319, 11320, 11321, 11322, 11323, 11324, 11325, 11326,
11327, 11328, and 11329, with an emergency clause."
On March 26, 1946, I approved said House Committee
Substitute for House Bill No. 536.
I wish to call attention to the following:
On page 12, Section 11328, line 4, the word and figure
"Section 5" evidently refers to Section 11306, as that is the
section that pertains to the execution of a bond. As a sugges-
tion I think the Secretary of State, when the Session Acts are
printed, should place the figures "11306" in parenthesis after
the figure "5" in said line 4 on page 12.
414 MESSAGES AND PROCLAMATIONS OF
In Section 1, line 9, the words "with an emergency clause**
should have been stricken out.
On page 8, Section 11311, line 8, the words "to each"
should have been stricken out.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MABCH 29, 1946
From the Journal of the House of Representatives, p. 8986
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
March 29, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Bill No. 652, entitled:
"AN ACT
'To repeal an act of the 62nd General Assembly,
approved July 27, 1943, found in Laws of Missouri, 1943,
pages 1012 to 1029, inclusive, relating to and known as
the 'Sales Tax Act', and to enact 50 new sections in lieu
thereof to be known as Sections 11407 to 11455A both
inclusive, relating to the same subject, to be known as
the 'Sales Tax Act' with an emergency clause."
On Majch 29, 1946, I approved said House Bill No. 652.
I wish to call attention to the following:
On page 19, Section 11449, lines 3, 6, 7 and on page 20,
line 13, the word and figure "Section 6" should have been
"Section 11411."
GOVERNOR PHIL M. DONNELLY 415
On page 21, Section 11453, lines 1 and 2, the word and
figure "Section 4" should have been "Section 11409."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 5, 1946
From the Journal of the House of Representatives, p. 4O17
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON CITY,
April 5, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 886, entitled:
"AN ACT
"To repeal an Act of the 61st General Assembly,
approved August 2, 1941, found in Laws of Missouri,
1941, on pages 339 and 340, providing for a law library
fee in civil actions and for the maintenance of a law
library in counties containing 200,000 to 400,000 inhabit-
ants, and to enact in lieu thereof three new sections relat-
ing to the same subject, in counties of Class I."
On April 5, 1946, I approved said House Bill No. 886.
However, I wish to make this comment. In the title and
also in the enacting clause in Section 1, it states that the act
of the 61st General Assembly, found in Laws of Missouri,
1941, at pages 339 and 340, was approved August 2, 1941.
This is an error, it was approved June 12, 1941 : see page 340,
Laws of Missouri, 1941.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
416 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STATE
APRIL 5, 1946
From the Journal of the House of Representatives, p. 4018
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 5, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Committee Substitute for
House Bill No. 796, entitled:
"AN ACT
"To repeal Sections 8715 and 8716 of Article 11,
Chapter 46, Revised Statutes of Missouri, 1939, relating
to special benefit assessment road districts in counties
not under township organization, ^nd to enact in lieu
thereof one new section relating to the same subject
matter, to be known as Section 8715."
On April 5, 1946, I approved said House Committee Sub-
stitute for House Bill No. 796.
However, I wish to call attention to the following:
On page 1, Section 8715 states in substance that county
courts shall cause to be set aside and placed to the credit of
each road district so incorporated four-fifths of the tax col-
lected and paid by authority of Section 8527. This section
(Section 8527) specifically provides that the county court may
levy and collect a special tax not exceeding twenty-five cents
on each one hundred dollars valuation to be used for road and
bridge purposes, but for no other purposes whatever. (Under-
scoring mine.)
House Committee Substitute for House Bill No. 796, Sec-
tion 8715, commencing in line 5, states in substance that all
revenue set aside and placed to the credit of the road district
shall be used for constructing, repairing and maintaining
bridges and culverts within the district, and also working, re-
pairing, maintaining and dragging public roads within the
GOVERNOR PHIL M. DONNELLY 417
district, all of which I think is within the provisions of Sec-
tion 8527 where it states "to be used for road and bridge pur-
poses"; however, on page 2, lines 10, 11 and 12 of said Sec-
tion 8715, it further states "and paying legitimate adminis-
trative expenses of the district, and for such other purposes
as may be authorized by law." I think this provision is too
general and outside the scope of the provisions of Section 8527
wherein it says "to be used for road and bridge purposes, but
for no other purposes whatever."
I do not think this provision will invalidate the entire
bill and for that reason I have approved the bill but want
to specifically call attention to this general provision.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 6, 1946
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 6, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 453, entitled:
"AN ACT
"To repeal Sections 9454, 9456, 9457, and 9458 of
Article 1, Chapter 54, of the Revised Statutes of Missouri
of 1939, relating to pensions to deserving blind, and to
enact in lieu thereof four new sections relating to the
same subject matter, to be known as Sections 9454, 9456,
9457, and 9458, with an emergency clause."
418 MESSAGES AND PROCLAMATIONS OF
On April 6, 1946, I approved said Senate Bill No. 453.
However, I wish to call attention to the following:
Section 9457 included in this bill (Senate Bill No. 453)
was repealed and reenacted by Committee Substitute for House
Bill No. 116 of the 63rd General Assembly approved April 24,
1945.
Said Section 9457 in this bill (Senate Bill No. 453) is the
same as Section 9457 in Committee Substitute for House Bill
No. 116 except the word "Comptroller" is used in Senate Bill
No. 453 instead of the words "State Auditor" used in Com-
mittee Substitute for House Bill No. 116.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THElSECRETARY OF STATE
APRIL 6, 1946
From the Journal of the House of Representatives, p. 4080
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 6, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Committee Substitute for
House Bill No. 468, entitled:
"AN ACT
"To repeal Sections 11039, 11040, 11041, 11042,
11043, 11044, 11045, 11046, and 11047 of Article 6, Chap-
ter 74, Revised Statutes of Missouri, 1939, relating to
levy of tax rates, and to enact in lieu thereof ten new
sections, relating to the same subject, to be known as
Sections 11039, 11039a, 11040, 11041, 11042, 11043, 11044,
11045, 11046, and 11047, with an emergency clause."
GOVERNOR PHIL M. DONNELLY 419
On April 6, 1946, I approved said House Committee Sub-
stitute for House Bill No. 468.
However, I wish to call attention to the following:
Section 11046, Revised Statutes of Missouri, 1939, was
repealed and reenacted by an act of the 62nd General Assem-
bly, Laws of Missouri, 1943, pages 1008 and 1009.
Said Section 11046 was repealed by House Bill No. 465
of the 63rd General Assembly which was approved January
25, 1946.
Also, there is included in this bill (House Committee Sub-
stitute for House Bill No. 468) Section 11039a. There was a
Section 11039a added to this article (Article 6, Chapter 74,
Revised Statutes of Missouri, 1939) by an act of the 62nd
General Assembly found in Laws of Missouri, 1943, at page
1066. This act of the 62nd General Assembly was not specifi-
cally repealed by House Committee Substitute for House Bill
No. 468. As House Committee Substitute for House Bill No.
468 is a later enactment I suppose it will repeal by implica-
tion Section 11039a of the 62nd General Assembly.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 10, 1946
From the Journal of the Hou#e of Representatives, pp. 4024-4025
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 10, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Committee Substitute for
House Bill No. 872, entitled:
420 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To provide for the salary and compensation of
sheriffs in counties of the fourth class; providing for the
appointment and compensation of deputies and assistants,
providing for the collection and disbursement of fees by
such sheriffs; providing for the administration of jails in
such counties, and providing a penalty for violations of
said act, with an effective date."
On April 10, 1946, I approved said House Committee
Substitute for House Bill No. 872.
However, I wish to call attention to the following:
It is my opinion that Section 5, page 3, of House Com-
mittee Substitute for House Bill No. 872 conflicts with Sec-
tion 13414, Revised Statutes of Missouri, 1939, with reference
to the traveling expenses allowed the sheriff.
Also, that Section 4, page 3, of House Committee Substi-
tute for House Bill No. 872 conflicts with Section 13416, Re-
vised Statutes of Missouri, 1939, in regard to the allowance
to the sheriff for board of prisoners* I think Section 13414
and Section 13416 should be repealed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 11, 1946
From the Jowrnal of the House of Representatives, p* 40 S 4
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 11, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 673, entitled:
GOVERNOR PHIL M. DONNELLY 421
"AN ACT
"To repeal Sections 4875, 4876, 4884, 4886, 4888,
4898, 4900, 4901, 4902, 4916, 4922, 4923, 4925, 4926,
4928, 4930, and 4931 of Article 1, Chapter 32, Revised
Statutes of Missouri, 1939, relating to the Liquor Control
Act, and to enact seventeen new sections to be known as
Sections 4875, 4876, 4884, 4886, 4888, 4898, 4900, 4901,
4902, 4916, 4922, 4923, 4925, 4928, 4930, 4931 and 4948a,
relating to the same subject."
On April 11, 1946, I approved said House Bill No. 673.
However, I wish to call attention to the following:
On page 10, Section 4901, line 43, the word and figure
"Article 1" should be "Article 2." Also, on said page 10,
line 57, the word "or" between the words "character" and
4 'intoxicating" should be "of."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 12, 1946
From the Journal of the Senate, p. 8493
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 12, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 159, entitled:
"AN ACT
"To amend Section 10734 of Article 19, Chapter 72,
of the Revised Statutes of Missouri, 1939, relating to
contracts for furnishing supplies in school districts in
cities of five hundred thousand inhabitants or over, by
422 MESSAGES AND PROCLAMATIONS OF
striking out of Section 10734 the word Tifty' in line ten
thereof and inserting in lieu thereof the words 'five
hundred'."
On April 12, 1946, I approved said Senate Bill No. 159.
However, I wish to call attention to the following:
In the title of this bill and also in Section 1, it states that
the word "fifty" in line ten of Section 10734 is stricken out
and the words "five hundred" inserted in lieu thereof. The
title and Section 1 should read "line seventeen" instead of
"line ten."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 16, 1946
From the Journal of the Senate, pp. 3495-3497
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 16, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 239, entitled:
"AN ACT
"Providing for the organization into a magistrate
court with divisions, of magistrates for districts lying
wholly within any city of more than 600,000 inhabitants,
and for the administration of such courts; providing for
the duties, powers and jurisdiction of such courts, and
for the election, terms and duties of constables for such
courts; providing for the salaries of the chief magistrate,
magistrates, chief clerk, deputy clerks, chief constable,
constables and deputy constables, and the payment of the
GOVERNOR PHIL M. DONNELLY 423
salaries and expenses of such courts; providing a magis-
strate fee of $6.00 and the fees and bonds of constables,
and increasing the bonds of the chief clerk and his depu-
ties; providing for the auditing of the accounts of the chief
clerk and the constables; providing that such courts shall
be courts of record and that such a court and its divisions
shall sit in one place, and providing for the classification
and distribution of the business of such courts, and re-
quiring the county to furnish such courts with court
rooms, offices, equipment, supplies and other necessities,
with an emergency clause."
On April 16, 1946, I approved said Senate Bill No. 239.
However, I wish to call attention to the following:
This bill evidently was intended to apply to the City of
St. Louis. However, on page 2, Section 1, lines 1, 2, and 3,
it states "All of the magistrates elected or appointed for dis-
tricts lying wholly within any city of more than 600,000 in-
habitants in any county of this state . . ." (Underscoring
mine.) There is no city in Missouri of more than. 600,000
inhabitants iix a county. Another bill, Senate Bill No. 207,
which has been passed and approved, provides for the magis-
trate courts in all of the counties of Missouri.
On page 4, Section, 9, lines 1 to 4 inclusive, there is this
same reference of a city of more than 600,000 inhabitants in
any county in this State*
On page 2, Section 2, line 3, I think the word "county"
should be stricken out and the word "city" inserted in lieu
thereof. In other words, if this bill applies to the City of St.
Louis it should so state and not be confused with the provi-
sions of a law applicable to the counties.
On page 3, Section 5, line 3, in referring to the salaries
of the magistrates and clerks of the court, it provides that
they shall be fixed and paid as provided by general law for
other magistrates and clerks in such counties. There are no
"such counties/' that is, counties containing a city of 600,000
inhabitants. Said Section 5, line 16, in referring to the salaries
of the chief constable, constables, and deputy constables,
states that the salaries shall be paid by the county and the
county shall be entitled to all of their fees, etc. I think the
424 MESSAGES AND PROCLAMATIONS OF
word "county" should be stricken out and the word "city"
inserted in lieu thereof.
In the title, in line 18 thereof, there is a provision requir-
ing the county to furnish such courts with court rooms, offices,
equipment, supplies, etc. However, the title states that it is
"An Act providing for the organization into a magistrate
court with divisions, of magistrates for districts lying wholly
within any city of more than 600,000 inhabitants etc." This
part of the title clearly shows that the bill applies to districts
lying within a city of more than 600,000 inhabitants. No
mention is made of said city being in a county.
On page 4, Section 7, line 1, the word "county" where
it first appears in said line should be stricken out and the word
"city" inserted in lieu thereof.
On page 6, line 18, Section 12, I am of the opinion that
the words "county treasurer" should be stricken out and the
words "city treasurer" inserted in lieu thereof. The same cor-
rection should be made in line 22 on page 6 of Section 12.
The emergency clause on page 6, Section 13, refers to
the organization into a court with divisions of magistrates for
districts lying wholly within cities of more than 600,000 in-
habitants, etc. No reference is made in said emergency clause
to said city being in a county.
Although there is no city in Missouri of 600,000 inhabit-
ants in a county I am of the opinion that the legislature in-
tended this act to apply to the City of St. Louis and this is
borne out by the statement in the title and also in the emer-
gency clause.
Section 31, Article VI of the Constitution of 1945 states:
"The city of St. Louis, as now existing, is recognized both
as a city and as a county unless otherwise changed in
accordance with the provisions of this Constitution ..."
While it is true that St. Louis is recognized, under the
above constitutional provision, both as a city and as a county,
however, it is my opinion, that the provisions of this bill should
specifically refer to the City of St. Louis in view of the fact
that Senate Bill No. 207 applies to the counties.
I have approved this bill but suggest that a bill be intro-
duced at this session of the General Assembly correcting these
GOVERNOR PHIL M. DONNELLY 425
errors so there will be no question but what this bill applies
to the City of St. Louis.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the Senate, pp. 8498-3499
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 371, entitled:
"AN ACT
"To repeal Section 6098b of an act of the 63rd Gen-
eral Assembly, approved April 28, 1945, known as Senate
Bill No. 74, relating to taxation of insurance companies
and to enact in lieu thereof a new section to be known as
Section 6098b, relating to the same subject."
On April 19, 1946, I approved said Senate Bill No. 371.
However, I wish to call attention to the following:
On page 2, line 31, Section 6098b, reference is made to
Sections 6100 and 6102, These two sections have been re-
pealed and reenacted by House Bill No. 887, of the 63rd Gen-
eral Assembly, and this fact should be noted in construing the
provisions of Senate Bill No. 371 ,
Also, on page 2, lines 36 and 37, Section 6098b, reference
is made to the purposes set forth in Section 6095, Revised
Statutes of Missouri, 1939. Said Section 6095 creates the
County Foreign Insurance Tax Fund- There are no "pur-
poses" set forth in said Section 6095. The apportionment of
426 MESSAGES AND PROCLAMATIONS OF
the County Foreign Insurance Tax Fund is provided for in
Section 6097, which has been repealed and reenacted by House
Bill No. 887 of the 63rd General Assembly. After the appor-
tionment has been made, then under the provisions of Section
10462 the county clerk of each county shall apportion the
money among the various school districts in each county.
In order to clarify the meaning of the words "for the
purposes set forth in Section 6095" I think this bill should
be amended to include Section 6097 as reenacted by House
Bill No. 887 of the 63rd General Assembly and also Section
10462.
. Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the Senate, p. 3499
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON Cmr,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 372, entitled:
"AN ACT
"To repeal Sections 6301, 6302, 6303, 6304, 6306,
6307, and 6348 of Article 2, Chapter 38, Revised Statutes
of Missouri 1939 relating to the assessment and collec-
tion of taxes in cities of the first class and to enact in
lieu thereof seven, new sections, relating to the same sub-
ject matter, to be known as Sections 6301, 6302, 6303,
6304, 6306, 6307, and 6348, with an emergency clause,"
On April 19, 1946, I approved said Senate Bill No. 372,
GOVERNOR PHIL M. DONNELLY 427
However, I wish to call attention to the following:
I believe the words "next preceding such fiscal year," on
page 3, line 5, Section 6303, should be stricken out. Under
Section 3 of Article 10 of the Constitution of 1945 all taxes
are to be levied and collected in the same year. Therefore,
the delivering to the assessor of a list next preceding such
fiscal year would conflict with said provisions of the
Constitution.
I believe it would be advisable to introduce a bill to
amend this section as above suggested.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the Senate, pp. 3 £9 9-3600
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 424, entitled:
"AN ACT
"To repeal Sections 9982, 9984, 9987, 9989 and 9990
of Article 1, Chapter 59, of the Revised Statutes of Mis-
souri, 1939, also Section 9983, Laws of Missouri, 1939, as
amended by an act of the 61st General Assembly, approved
July 22, 1941, pages 418-420, Laws of Missouri, 1941;
also an act of the 61st General Assembly, approved August
2, 1941, pages 420-422, Laws of Missouri, 1941, all relat-
ing to the practice of medicine, surgery, and midwifery
in the State of Missouri, and to enact in lieu thereof 11
428 MESSAGES AND PROCLAMATIONS OF
new sections to be known as Sections 9982, 9983, 9984,
9987, 9989, 9990, 9992a, 9992b, 9992c, 9992d and 9992e,
relating to the same subject, and transferring to the State
Board of Medical Examiners certain powers and duties
heretofore vested in the State Board of Health."
On April 19, 1946, I approved said Senate Bill No. 424.
However, I wish to call attention to the following:
In the title, in line 5, it should read "July 28" instead of
"July 22." Also, on page 2, line 5, Section 1, it should read
"July 28" instead of "July 22."
I wish to call attention to the fact that on page 5, there
is a section designated as Section 9988. This section is not
referred to in the title of Senate Bill No. 424 nor in Section 1.
There is a Section 9988 in the 1939 Revised Statutes. This
section has not been repealed by Senate Bill No. 424, nor any
other bill. In view of the fact that said Section 9988 on page
5 of Senate Bill No. 424 is not referred to in the title I do not
believe that said section would have any legal effect in Senate
Bill No. 424. In other words, Section 9988 is a part of Article
1, Chapter 59, Revised Statutes of Missouri, 1939, and has
not been repealed and so far as Senate Bill No. 424 is con-
cerned said section of the 1939 Statutes is still in full force
and effect. This section in Senate Bill No, 424 undoubtedly
will cause endless confusion. I think a bill should be intro-
duced to correct this situation.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 429
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the House of Representatives, pp. 4.QS6-IOS7
EXECUTIVE OFFICE, STATE OP MISSOURI, JEFFERSON CITY,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 899, entitled:
"AN ACT
"To provide for the salary and compensation of
sheriffs in counties of the third class; providing for the
appointment and compensation of deputies and assistants,
providing for the collection and disbursement of fees by
such sheriffs; providing for the administration of jails in
such counties, and providing a penalty for violations of
said act/'
On April 19, 1946, I approved said House Bill No. 899.
However, I wish to call attention to the following:
On page 3, Section 5, lines 1 to 6, inclusive, the sheriffs
and their deputies are allowed actual expenses for each mile
traveled in serving warrants or any other criminal process not
to exceed five cents per mile. Section 13414, Revised Statutes
of Missouri, 1939, provides that the sheriffs or other officers
shall be allowed for their services in criminal cases the sum
of ten cents per mile. The sum allowed under Section 5 of
this bill conflicts with Section 13414, Revised Statutes of
Missouri, 1939.
On page 3, Section 4, provides that the sheriff shall re-
ceive the actual cost of the care and custody of persons lodged
in the county jail under the custody of the sheriff. Section
13416, Revised Statutes of Missouri, 1939, limits the amount
which the sheriff may receive for boarding such prisoners to
seventy-five cents per day. This bill conflicts with Section
13416, Revised Statutes of Missouri, 1939. In my opinion a
430 MESSAGES AND PROCLAMATIONS OF
bill should be introduced repealing Sections 13414 and 13416,
Revised Statutes of Missouri, 1939.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the House of Representatives, pp. 40S7-40S8
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 889, entitled:
"AN ACT
"To provide for the fees for services of county asses-
sors in counties of the second class; to provide for the
compensation of such county assessors, the method of
appointment and compensation of deputy assessors."
On April 19, 1946, I approved said House Bill No, 889.
However, I wish to call attention to the following:
Section 4 on page 3, which allows the assessor a per diem
for time spent attending the annual assessors' meeting called
by the State Tax Commission and provides reimbursement for
transportation expenses in going to and from said meeting,
is broader than the title. The title of the act does not men-
tion such per diem or expenses and I do not believe that the
title can be construed to include per diem and expenses for
these meetings. This section does not affect the validity ol
the remaining sections of the act.
Section 2, page 2, lines 1 to 4, inclusive, provides that the
salary of the county assessor in counties of the second class, of
GOVERNOR PHIL M. DONNELLY 431
which Buchanan County is one, shall be $5,000.00 per year.
Section 13487, Revised Statutes of Missouri, 1939, applying
to Buchanan County, provides that the assessor shall receive
a salary of $3,500.00 per year. The latter is therefore in con-
flict with House Bill No. 889.
Section 3, page 2, referring to the compensation of deputy
assessors, is in conflict with Sections 13488 and 13489, Revised
Statutes of Missouri, 1939, relating to the same subject. Sec-
tion 3 of House Bill No. 889 provides that the county assessor
in counties of the second class shall fix the salary of their
deputies. The sections of the Revised Statutes of Missouri,
1939, above referred to, set specific amounts for the salaries
of deputies.
The sections of the Revised Statutes of Missouri, 1939,
above referred to, apply to the county assessors of Buchanan
County.
I suggest that a bill be introduced to repeal Sections 13488
and 13489, Revised Statutes of Missouri, 1939, and to repeal
Section 13487, Revised Statutes of Missouri, 1939, at least
insofar as the latter relates to the salary of the assessor of
Buchanan County.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 19, 1946
From the Journal of the House of Representatives, pp. 40S9-404O
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 19, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No* 676, entitled:
432 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To repeal Sections 11343, 11345, 11346, 11349,
11351, 11352, 11353, 11354, 11355, 11356, 11357, 11358,
11359, 11361, 11362, 11363, 11364, 11365, 11366, 11367,
11369, 11373, 11374, 11375 and 11376 of Article 21, Chap-
ter 74, Revised Statutes of Missouri, 1939, and to repeal
an Act of the 62nd General Assembly, Laws of Missouri,
1943, page 1064, approved July 13, 1943, all relating to
taxation of income, and to enact sixteen new sections in
lieu thereof, relating to the same subject, to be known as
Sections 11343, 11345, 11351, 11352, 11353, 11354, 11359,
11363, 11366, 11367, 11369, 11374, 11375, 11376, 11377a
and 11377b."
On April 19, 1946, I approved said House Bill No. 676.
However, I wish to call attention to the following:
On page 15 of this bill, the paragraph immediately fol-
lowing line 94 is numbered "Section 10." Said paragraph in
my opinion was intended to be numbered Section 11349, since
Section 11349 is repealed and no section numbered Section
11349 is found in the bill, and for the further reason that Sec-
tion, 10 contains subject matter similar to Section 11349,
Revised Statutes of Missouri, 1939.
However, the difficulty about this is that the title states
that sixteen new sections are enacted in, lieu of those repealed
and Section 11349 is not included in those sixteen new sections.
In fact there are seventeen new sections enacted, if Section 10,
which should be Section 11349, is included. In other words,
in line 2 of the title, Section 11349 is included with the sec-
tions which are repealed but the title does not reenact said
Section 11349. Neither is it reenacted in the sixteen sections
included in, lines 10, 11, and 12, page 2 of said Section L
On page 19, Section 11351, line 43, there is a reference to
"Section 11344 of this act." No section numbered 11344 is
contained in this act and said Section 11344 of the Revised
Statutes of Missouri, 1939, was not repealed by this bill. The
act states that Section 11344 contains provisions regarding the
annual or regular distribution of income of trust or other
estates. The section which refers to such distribution is Sec-
tion 11347, Revised Statutes of Missouri, 1939.
GOVERNOR PHIL M. DONNELLY 433
On page 19, Section 11351, in lines 44 and 45, reference
is made to "deductions as are allowed under Section 11347a
hereof." There is no such section in the act. It is my opinion
that the deductions referred to are contained in Section 10
on page 15 of the act, which section, as I have stated above,
should be numbered 11349. Both Section 11349, Revised
Statutes of Missouri, 1939, and Section 10 of this bill provide
for general deductions for expenses, losses, interest, taxes,
and donations.
I suggest that a bill be introduced to amend House Bill
No. 676 to clarify the intention of the General Assembly with
regard to the sections referred to in Section 11351, page 19,
lines 43 and 45.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 26, 1946
From the Journal of the Senate, p. 850$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 26, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No* 237, entitled:
"AN ACT
"Relating to the office of state treasurer prescribing
his powers, duties and functions; prescribing various rules,
regulations and provisions thereto and providing penalties
for the violation, of this act; with an effective date."
On April 26, 1946, I approved said Senate Bill No, 237*
However, I wish to call attention to the following:
434 MESSAGES AND PROCLAMATIONS OF
On page 13, Section 34, lines 10 to 13, the bill provides
that banks or banking institutions shall give security satis-
factory to the Governor and the State Auditor for the safe-
keeping and payment of deposits. On pages 16 and 17, Sec-
tion 37, lines 36 to 40, the bill carries the same provisions with
regard to additional security.
Section 15 of Article IV of the Constitution provides that
banking institutions shall give security satisfactory to the
Governor, State Auditor and State Treasurer. The two pro-
visions of the bill above referred to do not include the State
Treasurer as one of the persons who must be satisfied as to
the security offered. I believe that the Constitution requires
that the State Treasurer be included as one of such persons.
I therefore suggest that a bill be introduced to amend Senate
Bill No. 237 to include the words "state treasurer" in line 38,
Section 37, page 17 and line 12, Section 34, page 13.
On page 16, Section 37, line 24, the word "visions"
appears. I believe the word which the legislature intended
was the word "provisions," and that the bill should be amended
to correct this mistake.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 26, 1946
From the Journal of the Senate, pp, $503-^504
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 26, 1946,
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Committee Substitute for
Senate Bill No. 297, entitled:
GOVERNOR PHIL M. DONNELLY 435
"AN ACT
"Creating a department of the state government to
be known and designated as the department of revenue,
including a division of collection, a division of budget and
comptroller, a division of procurement, a division of fund
commissioners, and a division of public buildings; pre-
scribing the powers and duties of the department of reve-
nue and the divisions of the department; providing the
powers, duties and compensations of the employees and
officers thereof; with an emergency clause."
On April 26, 1946, I approved said Senate Committee
Substitute for Senate Bill No. 297.
However, I wish to call attention to the following:
Sections 29a to 29g, Article V, of the Constitution, refer
to and deal with the non-partisan selection of judges. Section
29e of Article V of the Constitution, provides as follows:
"All expenses incurred in administering sections 29 (a)-
(g), when approved by the supreme court, shall be paid
out of the state treasury. The supreme court shall certify
such expense to the state auditor, who shall draw his
warrant therefor payable out of funds not otherwise
appropriated."
The above section places upon the Supreme Court the
duty of certifying such expenses and upon the Auditor of
drawing warrants for the payment therefor.
Section 22 of Article IV of the Constitution provides that
the Comptroller "shall preapprove all claims and accounts
and certify them to the state auditor for payment."
Section 28 of Article IV of the Constitution provides that
no obligation for the payment of money shall be incurred un-
less the Comptroller certifies it for payment.
Since Section 29e of Article V of the Constitution carries
no provision that the Comptroller shall first certify the pay-
ment of expenses, I believe that this section is in conflict with
Sections 22 and 28 of Article IV of the Constitution.
On page 18, Section 43a of Senate Committee Substitute
for Senate Bill No. 297 provides that in all cases of accounts
allowed against the State and of grants, salaries, pay, and
436 MESSAGES AND PROCLAMATIONS OF
expenses "allowed by law" the Comptroller shall fill in a form
of warrant and this form is transmitted to the State Auditor
for his approval. This section is consistent with the consti-
tutional provisions of Sections 22 and 28 of Article IV in pro-
viding that the Comptroller shall certify all claims. I believe,
however, that it is in conflict with Section 29e of Article V
since that constitutional provision provides that the Supreme
Court, instead of the Comptroller, shall make the certification
with regard to expenses incurred by the operation of the non-
partisan court plan.
I suggest that a bill be introduced to except from the
provisions of Section 43a of Senate Committee Substitute for
Senate Bill No. 297 those cases of expenses incurred under
the provisions of Section 29a to g of Article V of the Con-
stitution.
If this is done I believe it will avoid confusion in carrying
out the above constitutional provisions which seem to be in
conflict.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
APRIL 80, 1946
From the Journal of the Senate, pp. 3508*8509
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
April 30, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 360, entitled:
"AN ACT
"To repeal Sections 8367, 8368, 8371, 8378, 8392,
8397 and 8402 of Article 1, Chapter 5, Revised Statutes
of Missouri, 1939, and to repeal Section 8369, of an act
GOVERNOR PHIL M. DONNELLY 437
of the 62nd General Assembly, found in Laws of Missouri,
1943, pages 664, 665 and 666, and to repeal an act of the
63rd General Assembly, known as House Bill No. 439,
approved July 25, 1945, all relating to regulations and
license fees for motor vehicles, and to enact in lieu there-
of fourteen new sections, relating to the same subject
matter, to be known as Sections 8367, 8368, 8369, 8371,
8378, 8392, 8392a, 8392b, 8397, 8402, 8403, 8410a, 8410b,
and 8410c, with an emergency clause."
On April 30, 1946, I approved said Senate Bill No. 360.
However, I wish to call attention to the following:
The title to Senate Bill No. 360, page 1, line 3, refers to
Article 1, Chapter 5, Revised Statutes of Missouri, 1939.
The sections which are repealed by the bill are contained in
Chapter 45 of the Revised Statutes of Missouri, 1939. This
same error appears in Section. 1, line 2.
On page 7, Section 8369, line 75, there is a reference to
Section 5728, Article 8, Chapter 35, Revised Statutes of Mis-
souri, 1939. Said section was repealed by an act of the 62nd
General Assembly, Laws of Missouri, 1943, pages 864 to 867.
This act in turn was repealed by an act of the 62nd General
Assembly, Extraordinary Session, Laws of Missouri, 1944,
page 45. The act passed by the Extraordinary Session of the
General Assembly in 1944 is not repealed by this bill. The
section which in my opinion should be referred to on page 7,
line 75, is Section 5728, Laws of Missouri, 1944, Extraordinary
Session, page 45.
On pages 4 and 5, Section 8368, lines 14 to 19, inclusive*
the bill provides with regard to certain records as follows:
"The director of revenue may destroy all applica-
tions for registration of motor vehicles and dealers after
the same shall have been on file for four (4) years, but
the application for registration of chauffeurs, registered
operators and certificates of ownership shall be preserved
as permanent records/'
House Bill 438, passed by the 63rd General Assembly
and approved on November 27, 1945, authorizes the Com-
missioner of Motor Vehicles to destroy certain motor vehicle
438 MESSAGES AND PROCLAMATIONS OF
records after specified lengths of time. House Bill No. 438
gives such authority to the Commissioner of Motor Vehicles.
However, it is my opinion that the provisions of House Bill
No. 438 remain in force because in Senate Bill No. 360, Sec-
tion 8368, page 4, lines 1 to 4, inclusive, it is provided that
it shall be the duty of the Director of Revenue to carry out
the provisions of this article. The article referred to is Arti-
cle 1, Chapter 45, Revised Statutes of Missouri, 1939. The
provisions of House Bill No. 438 deal with matters which are
closely related to those contained in Article 1, Chapter 45,
Revised Statutes of Missouri, 1939, and would, therefore, in
my opinion, become a part of the article. Under the provi-
sions of Section 8368 of Senate Bill No. 360 above referred to,
the authority to destroy records under House Bill No. 338,
would therefore be transferred to the Director of Revenue.
The provisions of Section 8368, pages 4 and 5, lines 14 to
19, inclusive, of Senate Bill No. 360 are in conflict with those
of House Bill No. 438 in the following particulars:
(1) Senate Bill No. 360 allows the destruction of appli-
cations for registration of motor vehicles after four years.
House Bill No. 438 requires them to be kept for five years.
(2) Senate Bill No. 360 provides that applications for
registration of dealers may be destroyed in four years. House
Bill No. 438 requires that they be kept for ten years.
(3) Senate Bill No. 360 provides that applications for
registration of chauffeurs shall be kept permanently. House
Bill No. 438 allows their destruction after one year.
(4) Senate Bill No. 360 provides that applications for
registration of registered operators shall be kept permanently.
House Bill No. 438 allows their destruction after one year.
(5) Senate Bill No. 360 provides that applications for
certificates of ownership shall be permanently kept. House
Bill No. 438 will allow them to be destroyed after ten years.
I suggest that a bill be introduced to amend Senate Bill
No. 360 in such manner as to remove the conflict with House
Bill No. 438 with regard to the records mentioned in the
above paragraphs (1) and (2) and to withdraw from the bill
the provisions that the applications for registration of chauf-
GOVERNOR PHIL M. DONNELLY 439
feurs, registered operators, and certificates of ownership be
preserved as permanent records, substituting therefor a rea-
sonable time after which they may be destroyed.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
MAY 2, 1946
From the Journal of the Senate, pp. S510-S51S
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 2, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Committee Substitute for
Senate Bill No. 347, entitled:
"AN ACT
"To provide for the creation and establishment of a
department of corrections and prescribing the powers and
duties thereof; providing for the division of penal insti-
tutions, educational institutions, and board of probation
and parole; providing for the location of the office of the
department; providing for the establishment of a merit
system for all employees within said department; provid-
ing for the appointment of a director of said department
and fixing his qualifications, duties and salary; establish-
ing a state board of training schools, prescribing the powers
and duties thereof, and fixing the qualifications, term of
office and compensation of the members thereof; provid-
ing for the permanent office of said board; providing for
the appointment of a director of training schools and fix-
ing his qualifications, duties and salary; providing for the
440 MESSAGES AND PROCLAMATIONS OF
appointment of a superintendent of each of the juvenile
training schools and fixing the qualifications and duties
thereof; providing for the creation and establishment of
a board of probation and parole and fixing the qualifi-
cations, term of office and compensation of the members
thereof and prescribing the powers and duties of said
board; providing for the governor to enter into inter-
state compacts relative to parole; establishing the office
of said board."
On May 2, 1946, I approved said Senate Committee Sub-
stitute for Senate Bill No. 347.
However, I wish to call attention to the following:
On pages 14 and 15, Section 33, lines 2, 3, and 4, it is
provided that the salaries of the superintendents and employed
personnel of the training schools shall be fixed by the board
within the limits of money appropriated. This same pro-
vision, appears on page 18, Section 38, lines 3, 4, and 5 with
reference to the Board of Probation and Parole. In view of
the fact that certain employees of the State Department of
Corrections will be under the merit system it is my opinion
that these provisions conflict with the provisions of the State
merit system act contained in House Bill No. 162, wherein it
is provided in Section 15 of said bill that each employee
appointed to a position subject hereto after the adoption of
the pay plan shall be paid at one of the rates set forth in the
pay plan, for the class of positions in which he is employed.
This pay plan shall also be used as a basis for preparing budget
estimates to be submitted to the legislature.
In view of the fact that Section 12, Article IV of the
Constitution of 1945 provides that the Governor shall assign
all boards, bureaus, commissions and other agencies of the
State exercising administrative or executive authority to the
department to which their respective powers and duties are
germane, it is my opinion that Section 21 on page 10 should
not be included in this bill as the General Assembly has no
authority to make an assignment of the State Board of Train-
ing Schools or any. other board, bureau or institution,.
It is also my opinion that Section 42 on page 19 should
not be included in this bill In the first place there is no
reference in the title of Senate Committee Substitute for Sen-
GOVERNOR PHIL M. DONNELLY 441
ate Bill No. 347 of the subject matter contained in Section
42 and for the further reason that the convictions or pleas of
guilty referred to therein have reference to persons who are
not inmates of any of the Penal Institutions while Senate
Committee Substitute for Senate Bill No. 347 pertains to the
inmates of the Penal Institutions and the question of the
parole or probation of such inmates. Sections 4199 to 4211,
inclusive, Article 18, Chapter 30, Revised Statutes of Mis-
souri, 1939, are complete within themselves and should not
be included in a bill of this character.
Also, Section 43 on page 20 should not be included in
this bill. The Board of Probation and Parole deals with per-
sons who are inmates of the Penal Institutions, or those on
parole or probation after they have been discharged from the
Penal Institutions and this class of inmates should not be con-
fused within those who are about to be sentenced by a judge
of a circuit or criminal court of the State. Another reason is
that there would be no limit to the number of parole officers
that would have to be employed by the Board of Probation
and Parole in order to comply with the provisions of Section
43. This is a burden that the Board of Probation and Parole
should not have to assume.
On page 17, Section 36, lines 2 to 5, inclusive, there is
this provision:
"Suitable quarters for offices of the board shall be fur-
nished by the department of corrections, and shall be
located within the buildings or grounds of the peniten-
. tiary."
It is my opinion that the offices of the Board of Probation
and Parole should not be located within the buildings or
grounds at the Penitentiary. This board should be located
either in the Capitol Building or the State Office Building or
some other quarters in Jefferson City which have no connec-
tion whatever with the Penitentiary proper. In lines 5 to 8
of said Section 36 on page 17 it is provided that no inmate
of a penal institution shall be permitted in said headquarters
except on request of the Board of Probation and Parole. Every-
one who is familiar with the situation knows that the in-
mates who are trusties have a way of getting information
from the records of the Board of Probation and Parole and
442 MESSAGES AND PROCLAMATIONS OF
practically every inmate in the Penitentiary knows the exact
status of his application for parole at all times. It is all right
to say that no inmate shall be permitted in headquarters but,
in my opinion, it is just a waste of words to say it. The infor-
mation in regard to applications for parole or commutation
should be imparted to the inmates by the officials of the Board
of Probation and Parole or through proper official channels.
The office of the Board of Probation and Parole should be
located in some building away from the Penitentiary proper.
The board can hold its parole hearings at the Penitentiary the
same as it does at Algoa or the other Penal Institutions, but
all of the records and files should be kept in a headquarters
separate and apart from the Penitentiary. In my opinion it
will improve the morale of the inmates in the institution and
at the same time stop a lot of the "grape-vine" information
that is being continually circulated in the Penitentiary in
regard to paroles.
Section 34a on page 15, authorizes the Board of Training
Schools to grant paroles to inmates under their custody.
Section 39 on page 18, lines 1 to 5, inclusive, provides "The
board of probation and parole is hereby authorized to release
on parole any person confined in any state correctional insti-
tution, except persons under sentence of death" and that all
paroles shall issue upon the order of the Board of Probation
and Parole and shall be recorded. I think there is a conflict
between these two sections.
Section 20 on page 9 provides that the State Board of
Training Schools shall have charge and control of all training
schools and industrial homes. Section 29 on page 13 provides
that the superintendent of training schools shall be under the
direction of the board and the director of training schools.
I think these two sections are in conflict with Section 8 on
pages 4 and 5, since said Section 8 provides that the Depart-
ment of Corrections shall set forth the duties and responsi-
bilities of all superintendents of the department. These three
sections make it difficult to determine just which unit will
supervise the duties and responsibilities of the superintendents,
I believe that all the sections in Article 1, Chapter 48,
should be repealed and re-written to conform to the provisions
of Senate Committee Substitute for Senate Bill No. 347.
GOVERNOR PHIL M. DONNELLY 443
In Article 2, Chapter 48, I believe Sections 8994, 8995,
8996, 9007 and 9008; and in Article 3, Sections 9010 and 9019;
and in Article 4, Sections 9022, 9023, 9024; and in Article 5,
Sections 9035, 9037, 9038, 9039, 9040 and 9042; and in Article
8 all of the sections in said article except 9167, all in Chapter
48, Revised Statutes of Missouri, 1939, should be repealed
for the reason that these sections are in conflict with sections
and provisions of Senate Committee Substitute for Senate Bill
No. 347 and they should be re-written to conform to said
Senate Committee Substitute.
I believe that Section 9118, Article 6, conflicts with Sec-
tion 18 of Senate Committee Substitute for Senate Bill No,
347 in regard to the transfer of inmates. Also, Section 9119,
Article 6, should be repealed as it conflicts with Sections 16
and 31 of Senate Committee Substitute for Senate Bill No. 347.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
MAY 3, 1946
From the Journal of the Senate, pp. 3516-8517
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 3, 1946.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Bill No. 428, entitled:
"AN ACT
"To repeal Sections 10845, 10846, 10847, 10848,
10849, 10850, 10851, 10852, 10853, 10854, 10855, 10856,
10857, 10858, 10859, 10860, 10861, 10862, 10863, 10864,
10865, 10866, 10867, 10868, 10869, and 10870, being Arti-
444 MESSAGES AND PROCLAMATIONS OF
cle 25 of Chapter 72, Revised Statutes of Missouri, 1939,
relating to the Missouri School for the Blind and the Mis-
souri School for the Deaf, and to enact in lieu thereof 19
new sections to be known as Sections 10845, 10846, 10847,
10848, 10849, 10850, 10851, 10852, 10853, 10854, 10855,
10856, 10857, 10858, 10859, 10860, 10861, 10862 and
10863 relating to the same general subject and providing
for the creation of a section of special education under
the State Board of Education and within the division of
public schools and the appointment of a director to head
said section/'
On May 3, 1946, I approved said Senate Bill No. 428.
However, I wish to call attention to the following:
Section 10851, Revised Statutes of Missouri, 1939, relat-
ing to treasurers of the Missouri School for the Blind at St.
Louis and the Missouri School for the Deaf at Fulton, their
duties and their bond, and Section 10852, Revised Statutes
of Missouri, 1939, relating to the duties of the stewards of
these two institutions have been repealed by Senate Bill No.
428, These two sections appear in Senate Bill No. 428 but
refer to other matters.
Senate Bill No. 428 carries no provision for the appoint-
ment of treasurers or stewards or providing for their duties
nor does it provide that the treasurer shall be bonded. How-
ever, on page 6, Section 10858, line 4, there is a reference to
the "treasurer of such institution." If there are to be treas-
urers of these institutions I believe Senate Bill No. 428 should
so state and they should be bonded. If there are to be no
treasurers then in my opinion the reference to the treasurer
of such institution in Section 10858 of Senate Bill No. 428
should be stricken out.
If the bill intended to abolish the position of steward at
these institutions I believe this should be made clear. On the
other hand, if a steward is to be employed, in my opinion,
his duties should be set out in the bill.
In Section 10862, page 7, lines 7 to 12 inclusive the fol-
lowing proviso should be stricken out:
"Provided, however, that the members of the pres-
ent boards of managers of the Missouri School for the
GOVERNOR PHIL M. DONNELLY 445
Deaf at Fulton and the Missouri School for the Blind at
St. Louis shall become the first boards of advisors and
hold their office until the expiration of the terms for
which they were appointed."
Under the Constitution the Legislative Department of
the State government has no authority to make appointments
to office or designate the term of any particular officer.
I suggest that a bill be introduced in line with the above
suggestions. .
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MAY 28, 1946
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 28, 1946.
To the House of Representatives of the 63rd General Assembly
of the State of Missouri:
I return to you House Substitute No. 2 for House Sub-
stitute for House Bill No. 318, entitled:
"AN ACT
"To repeal Sections 14098, 14099, 14100, 14103,
14104, 14105, 14106, 14108, 14113, 14114, 14119, 14120,
14121, 14123, 14124, 14127 and 14128, of Article 6, Chap-
ter 102, Revised Statutes of Missouri, 1939, relating to
the Missouri Dairy Law, and to enact in lieu thereof new
sections to be similarly numbered, pertaining to the same
subject matter."
On May 28, 1946, I approved said House Substitute No.
2 for House Substitute for House Bill No. 318.
446 MESSAGES AND PROCLAMATIONS OF
House Substitute No. 2 for House Substitute for House
Bill No. 318 repeals seventeen sections of the 1939 Revised
Statutes relating to the Missouri Dairy Law and enacts in
lieu thereof new sections to be similarly numbered pertaining
to the same subject matter. There was no Section 14128A
contained in, the 1939 Revised Statutes, and therefore, this sec-
tion could not have been repealed by the substitute for House
Bill No. 318. The title to the substitute for House Bill No.
318 does not include Section 14128A. The title to the sub-
stitute for House Bill No. 318 enacts new sections in lieu of
the sections repealed and similarly numbers them. Section
14128A cannot be included in this language since it is not in
lieu of an old section which carries that number and is not
numbered similarly to any such old section. I believe that
Section 14 128 A as found on page 23 of the substitute for
House Bill No. 318 is beyond the scope of said title.
Section 14128A provides that cheese shall be deemed to
be misbranded if certain conditions stated therein exist. For
instance, in paragraph 6, line 20, if it does not contain the
word "pasteurized." Suppose cheese was received from the
State of Wisconsin by a merchant in Missouri and the cheese
does not contain the word "pasteurized," how could the Com-
missioner of Agriculture enforce the violation of this section?
The only penalty section in the Missouri Dairy Law is Sec-
tion 14130, which makes it a misdemeanor to violate any pro-
visions of this law. How could that misdemeanor section be
enforced against a cheese manufacturer in Wisconsin or in any
other state? Said Section 14130 also provides that if there
is a violation of this law the license of the person shall be sub-
ject to suspension or revocation by the Commissioner. The
Wisconsin cheese manufacturer does not have to have a license
to do business in Missouri.
In paragraph 7, lines 21 to 23, cheese shall be deemed to
be misbranded if it contains a symbol or identifying code
number which has not been filed with the Department of
Agriculture. Suppose the Wisconsin cheese manufacturer has
not filed with the Department of Agriculture a Missouri iden-
tifying code number. How could the Missouri Commissioner
of Agriculture enforce that provision? In other words, there
is no method provided in this bill to enforce any of the pro-
GOVERNOR PHIL M. DONNELLY 447
visions of Section 14128A even if this section were within the
scope of the title of the act.
This section discriminates against a Missouri cheese
manufacturer and in favor of a non-resident cheese manu-
facturer. It requires, for instance, that the Missouri cheese
manufacturer shall have an identifying code number which
shall be filed with the Department of Agriculture, or that the
product shall contain the word "pasteurized" or other pro-
visions set out in the section, but these same provisions could
not be enforced against a non-resident of Missouri selling
cheese in Missouri.
I think it is not only outside the scope of the title of this
act but that it will cause endless confusion in trying to enforce
the provisions of it.
The other sections of the bill seem to be a forward step
in improving the provisions of the Missouri Dairy Law and
for that reason I have approved this bill. However, I believe
that a bill should be introduced striking out Section 14128A
for the reasons above set forth.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate, p. 3840
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFEBSQN CITY,
June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
John 0. Price, 1528 Locust Street, St. Louis, Missouri,
as a member of the Missouri State Board of Accountancy, for
448 MESSAGES AND PROCLAMATIONS OF
a term commencing July 1, 1946, and ending July 1, 1951,
and until his successor is duly appointed and qualified; vice,
R. S. Warner, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 19, 1946.
To the Senate, of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Walter E. Bryan, 5915 De Giverville, St. Louis, Missouri,
professional engineer, as a member of the State Board of
Registration for Architects and Professional Engineers, for a
term ending October 29, 1947, and until his successor is
appointed and qualified; vice, Wesley W. Homer, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 449
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
•June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Charles F. Quinlin, 405 South Main Street, Hannibal,
Missouri, as a member of the State Board of Barber Examiners,
for a term ending July 6, 1949, and until his successor is duly
appointed and qualified; vice, John Gartner, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate , pp. 3841-384%
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
•June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Cliff G. Scruggs, Jefferson City, Missouri, as a member
of the Board of Curators of Lincoln University of Missouri,
for a term ending January 1, 1952, and until his successor is
duly appointed and qualified; vice, reappointment.
450 MESSAGES AND PROCLAMATIONS OF
Joseph D, Elliff, Columbia, Missouri, as a member of the
Board of Curators of Lincoln University of Missouri, for a
term ending January 1, 1952, and until his successor is duly
appointed and qualified; vice, reappointment.
Doctor A. W. Fox, Hannibal, Missouri, as a member of
the Board of Curators of Lincoln University of Missouri, for
a term ending January 1, 1952, and until his successor is duly
appointed and qualified; vice, Harry S. Blackiston, term
expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 19, 1946
From the Jowrnal of the Senate, p. $842
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor Joseph Little, Lebanon, Missouri, as a member of
the State Board of Optometry, for a term beginning June 30,
1946, and ending June 30, 1951, and until his successor is
duly appointed and qualified; vice, Doctor Charles Howard,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 451
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate, p. 3842
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Clarence F. Wernel, 3629 West Roanoke Drive, Kansas
City, Missouri, as a member of the Board of Pharmacy, for
a term commencing July 2, 1946, and ending July 2, 1951,
and until his successor is duly appointed and qualified; vice,
reapp ointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 19, 1946
From the Journal of the Senate, p, $8J>S
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON CITY,
June 19, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J. Ed. Rutter, Shelbina, Missouri, as a member of the
State Soil Districts Commission, for a term ending three years
452 MESSAGES AND PROCLAMATIONS OF
from the time of his appointment and qualification and until
his successor is duly appointed and qualified; vice, J. E. Noll,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Jvwrnal of the Senate, pp. $884-8886
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEESON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office :
Doctor George B. Clark, 706 Ambassador Building, St,
Louis, Missouri, Democrat, as a member of the State Board
of Chiropody, for a term of one year from July 1, 1946, and
until his successor is appointed and qualified.
Doctor C. Milton Stewart, Jefferson City, Missouri, Re-
publican, as a member of the State Board of Chiropody, for
a term of two years from July 1, 1946, and until his successor
is appointed and qualified.
Doctor L. A. Hansen, 1912 East 36th Street, Kansas City,
Missouri, Republican, as a member of the State Board of
Chiropody, for a term of three years from July 1, 1946, and
until his successor is appointed and qualified.
Doctor Harold M. Plaster, Joplin, Missouri, Democrat,
as a member of the State Board of Chiropody, for a term of
four years from July 1, 1946, and until his successor is ap-
pointed and qualified.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 453
TO THE SENATE:
JUNE 20, 1946
From the Journal of the Senate, p. 3885
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Thomas E. Whitecotton, Huntington, Rails County, Mis-
souri, as the Director of the Department of Corrections, for
a term commencing July 1, 1946; said term of office shall be
at the pleasure of the Governor.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate , p. $885
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Michael J. Carroll, 8741 White Avenue, Brentwood, St,
Louis County, Missouri, as Director of the Division of Employ-
ment Security of the Department of Labor and Industrial
454 MESSAGES AND PROCLAMATIONS OF
Relations, for a term commencing July 1, 1946; said term of
office shall be at the pleasure of the Governor.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, p. 3886
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor R. M. James, Joplin, Missouri, as Director of
Health, Division of Health of the Department of Public Health
and Welfare, for a term commencing July 1, 1946, and until
his successor is appointed and qualified.
Respectfully submitted,
PHIL M- DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 455
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, p. 3886
EXECUTIVE OFFICE, &TATE OF MISSOURI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Lon N. Irwin, 2715 Monterey Street, St. Joseph, Missouri,
as Director of the Division of Industrial Inspection of the
Department of Labor and Industrial Relations, for a term of
four years from July 1, 1946, and until his successor is ap-
pointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, p. 3887
EXECUTIVE OFFICE, STATE OF MISSOURI, -JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Doctor Edwin C, White, 3232 Euclid, Kansas City, Mis-
souri, Democrat, as a member of the State Boatd of Medical
Examiners, for a term of one year from July 1, 1946, and until
his successor is appointed and qualified.
456 MESSAGES AND PROCLAMATIONS OF
Doctor Howard B. Goodrich, Hannibal, Missouri, Repub-
lican, as a member of the State Board of Medical Examiners,
for a term of one year 'from July 1, 1946, and until his suc-
cessor is appointed and qualified.
Doctor W. 0. Finney, Chaffee, Missouri, Democrat, as a
member of the State Board of Medical Examiners, for a term
of two years from July 1, 1946, and until his successor is
appointed and qualified.
Doctor Frank H. Rose, Albany, Missouri, Republican, as
a member of the State Board of Medical Examiners, for a
term of two years from July 1, 1946, and until his successor
is appointed and qualified.
Doctor Ralph A. Kinsella, 4376 Westminster, St. Louis,
Missouri, Democrat, as a member of the State Board of Medi-
cal Examiners, for a term of three years from July 1, 1946,
and until his successor is appointed and qualified.
Doctor Walter S. Sewell, Springfield, Missouri, Republi-
can, as a member of the State Board of Medical Examiners,
for a term of three years from July 1, 1946, and until his suc-
cessor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, pp. 3887^3888
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
GOVERNOR PHIL M. DONNELLY 457
M. E. Morris, Trenton, Missouri, as Director of the De-
partment of Revenue, for a term commencing July 1, 1946;
said term of office shall be at the pleasure of the Governor.
G. H. Bates, Lexington, Missouri, as State Collector of
Revenue, Division of Collection of the Department of Reve-
nue, for a term commencing July 1, 1946, and until his suc-
cessor is appointed and qualified.
E. G. Armstrong, 3839 East 62nd Street, Kansas City,
Missouri, as Comptroller and Director of the Budget, Division
of the Budget and Comptroller of the Department of Reve-
nue, for a term commencing July 1, 1946, and until his suc-
cessor is appointed and qualified.
Wm. L. Smith, Normandy, St. Louis County, Missouri,
as State Purchasing Agent, Division of Procurement of the
Department of Revenue, for a term commencing July 1, 1946,
and until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, p. S888
EXECUTIVE OFFICE, S^TATE OF MISSOUBI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Proctor N. Carter, Columbia, Missouri, as Director of
Welfare, Division of Welfare of the Department of Public
458 MESSAGES AND PROCLAMATIONS OF
Health and Welfare, for a term commencing July 1, 1946,
and until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate, p. 8888
EXECUTIVE OFFICE, ESTATE OF MISSOURI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Miss Grace Frauens, 5702 Eastwood, Kansas City, Mis-
souri, as a member of the Board of Examiners and Registrars
of Nurses, for a term ending July 6, 1948, and until her suc-
cessor is duly appointed and qualified; vice, Coriixne Hamilton,
resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 459
TO THE SENATE
JUNE 20, 1946
From the Journal of the Senate^ p. 3889
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
June 20, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Charles C. Keith, Joplin, Missouri, as Director of the Divi-
sion of Mine Inspection of the Department of Labor and In-
dustrial Relations, for a term of four years from July 1, 1946,
and until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 25, 1946
From the Journal of the Senate, pp. 3944-3945
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEKSON CITY,
June 25, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Carl J. Henry, Democrat, Butler, Bates County, Mis-
souri, who is licensed to practice law in the State of Missouri,
as a member of the Industrial Commission of Missouri of the
460 MESSAGES AND PROCLAMATIONS OF
Department of Labor and Industrial Relations to represent
the public, for a term of six years from July 1, 1946, and until
his successor is appointed and qualified.
Ralph W. Atkeson, Republican, Salem, Dent County,
Missouri, as a member of the Industrial Commission of Mis-
souri of the Department of Labor and Industrial Relations to
represent employers, for a term of four years from July 1,
1946, and until his successor is appointed and qualified.
Frank J. Lahey, Democrat, 2812 St. Vincent, St. Louis,
Missouri, as a member of the Industrial Commission of Mis-
souri of the Department of Labor and Industrial Relations to
represent employees, for a term of two years from July 1,
1946, and until his successor is appointed and qualified.
I designate Carl J. Henry as Chairman of the Industrial
Commission of Missouri of the Department of Labor and
Industrial Relations.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 25, 1946
From the Jowrnal of the Senate, p. S94&
EXECUTIVE OFFICE, STATE OF Missoum, JEFFEBSON CITY,
June 25, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Mrs. Sally Ball, Joplin, Missouri, Democrat, as a member
of the State Board of Cosmetology, for a term of two years
from July 1, 1946, and until her successor is appointed and
qualified*
GOVERNOR PHIL M. DONNELLY 461
Mrs. Leta Kidwell, Columbia, Missouri, Republican, as a
member of the State Board of Cosmetology, for a term of
three years from July 1, 1946, and until her successor is
appointed and qualified.
Frank J. Vanek, 3637 South Grand Boulevard, St. Louis,
Missouri, Democrat, as a member of the State Board of Cos-
metology, for a term of four years from July 1, 1946, and until
his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 26, 1946
From the Jowmal of the Senate, p. 398$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
1 have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
W, F, Keyser, Sedalia, Missouri, as Commissioner of Fi-
nance, Division of Finance of the Department of Business and
Administration, for a term beginning July 1, 1946, and ending
at the pleasure of the Governor; vice, M. E. Morris, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
462 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 26, 1946
From the Journal of the Senate, pp. $982~S98S
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON OITY,
June 26, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Everett Keith, Democrat, Columbia, Missouri, as a mem-
ber of the State Board of Education, for a term of eight years
from July 1, 1946, and until his successor is appointed and
qualified.
Charles G. Ross, Republican, Caruthersville, Missouri, as
a member of the State Board of Education, for a term of
seven years from July 1, 1946, and until his successor is
appointed and qualified.
Mrs. True Davis, Democrat, 503 North 5th Street, St.
Joseph, Missouri, as a member of the State Board of Educa-
tion, for a term of six years from July 1, 1946, and until her
successor is appointed and qualified,
John H. Flanigan, Jr., Republican, Carthage, Missouri,
as a member of the State Board of Education, for a term of
five years from July 1, 1946, and until his successor is ap-
pointed and qualified.
James E. Nugent, Democrat, 701 East 70th Terrace,
Kansas City, Missouri, as a member of the State Board of
Education, for a term of four years from July 1, 1946, and
until his successor is appointed and qualified.
Mrs. Chapin S. Newhard, Republican, Route 1, Box 94,
Clayton, St. Louis County, Missouri, as a member of the State
Board of Education, for a term of three years from July 1,
1946, and until her successor is appointed and qualified.
J. E. Mitchell, Democrat, 39 Lewis Place, St. Louis, Mis-
souri, as a member of the State Board of Education, for a
GOVERNOR PHIL M. DONNELLY 463
term of two years from July 1, 1946, and until his successor
is appointed and qualified.
Ollin Drennan, Republican, Kirksville, Missouri, as a
member of the State Board of Education, for a term of one
year from July 1, 1946, and until his successor is appointed
and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 26, 1946
From the Journal of the Senate, p. S984
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 26, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
William Wildeboor, Democrat, Jefferson City, Missouri,
as a trustee of the State Board of Training Schools, Division
of Educational Institutions, Department of Corrections, for a
term of six years from July 1, 1946, and until his successor is
appointed and qualified.
Mrs. Mayme H. Ousley, Republican, St. James, Missouri,
as a trustee of the State Board of Training Schools, Division
of Educational Institutions, Department of Corrections, for a
term of five years from July 1, 1946, and until her successor
is appointed and qualified.
Mrs. Tom Stark, Democrat, Louisiana, Missouri, as a
trustee of the State Board of Training Schools, Division of
Educational Institutions, Department of Corrections, for a
term of four years from July 1, 1946, and until her successor
is appointed and qualified.
464 MESSAGES AND PROCLAMATIONS OF
Fred W. Naeter, Republican, Cape Girardeau, Missouri,
as a trustee of the State Board of Training Schools, Division
of Educational Institutions, Department of Corrections, for a
term of three years from July 1, 1946, and until his successor
is appointed and qualified.
Thomas P. Neill, Democrat, 4372 Maryland, St. Louis,
Missouri, as a trustee of the State Board of Training Schools,
Division of Educational Institutions, Department of Correc-
tions, for a term of two years from July 1, 1946, and until his
successor is appointed and qualified.
John Thornberry, Republican, 61 Janssen Place, Kansas
City, Missouri, as a trustee of the State Board of Training
Schools, Division of Educational Institutions, Department of
Corrections, for a term of one year from July 1, 1946, and until
his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1946
From the Journal of the Senate^ p. 400&
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFEBSON Cmr,
June 27, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
On June 20, 1946, I appointed Doctor Ralph A. Kinsella,
St* Louis, Missouri, and Doctor Frank H, Rose, Albany, Mis-
souri, as members of the State Board of Medical Examiners,
Doctor Kinsella has advised me that he is unable to serve
on this Board* There was an error made in designating the
politics of Doctor Rose. So, therefore, I wish to withdraw
GOVERNOR PHIL M. DONNELLY 465
from your consideration the names of Doctor Ralph A. Kin-
sella and Doctor Frank H. Rose and submit to you the fol-
lowing appointments, subject to the consent and approval of
the Senate:
Doctor Harry A. Klein, Democrat, 5074 North Union
Boulevard, St. Louis, Missouri, as a member of the State
Board of Medical Examiners, for a term of three years from
July 1, 1946, and until his successor is appointed and qualified.
Doctor Paul A. Knepper, Republican, 2002 Ashland Ave-
nue, St. Joseph, Missouri, as a member of the State Board
of Medical Examiners, for a term of two years from July 1,
1946, and until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 27, 1946
From the Journal of the Senate, p. 4002
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor Orr Mullinax, 3315 Frederick Avenue, St. Joseph,
Missouri, as Director of the Division of Mental Diseases,
Department of Public Health and Welfare, for a term com-
mencing July 1, 1946, and until his successor is appointed
and qualified.
Respectfully aubmitted,
PHIL M. DONNELLY,
Governor.
466 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JUNE 27, 1946
From the Journal of the Senate, p. 4003
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 27, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Spencer H. Givens, Higginsville, Missouri, as Director of
the Division of Workmen's Compensation of the Department
of Labor and Industrial Relations, for a term of four years
from July 1, 1946, and until his successor is appointed and
qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SEN ATE
JUNE 28, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON Cn%
June 28, 1946,
To the Senate of the 63rd General Assembly of the State of
Missouri:
I am advised by W. F. Keyser, Sedalia, Missouri, in a
letter dated June 28, 1946, that because of circumstances be-
yond his control he is of the opinion that it would be inadvis-
GOVERNOR PHIL M. DONNELLY 467
able for him to serve as Commissioner of Finance of the State
of Missouri, and, therefore, declined in writing to serve as
Commissioner of Finance.
In view of the refusal of the said W. F. Keyser to serve
as Commissioner of Finance, and the fact that he has not
taken the oath of office and has not been sworn in as Com-
missioner of Finance, I submit for your consideration and
approval the appointment of Harry G. Shaffner, Louisiana,
Missouri, in place of W. F. Keyser, as Commissioner of Fi-
nance, Division of Finance of the Department of Business and
Administration, for a term beginning July 1, 1946, and ending
at the pleasure of the Governor; vice, M. E. Morris, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 30, 1946
From the Journal of the Senate, p. $988
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 30, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
0, J. Creach, Democrat, Camdenton, Camden County,
Missouri, as a member of the Board of Probation and Parole,
Department of Corrections, for a term of six years from July
1, 1946, and until his successor is appointed and qualified,
J. 0. Dotson, Republican, Irondale, Washington County,
Missouri, as a member of the Board of Probation and Parole,
Department of Corrections, for a term of four years from July
1, 1946, and until his successor is appointed and qualified.
468 MESSAGES AND PROCLAMATIONS OF
Eugene W. Couey, Democrat, Sedalia, Pettis County,
Missouri, as a member of the Board of Probation and Parole,
Department of Corrections, for a term of two years from July
1, 1946, and until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 6, 1946
From the Journal of the Senate, p. 4115
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 6, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Committee Substitute for Senate
Bill No. 200, entitled:
"AN ACT
'To repeal Section 13404 of Article 2, Chapter 99,
Revised Statutes of Missouri, 1939, relating to fees of
probate judges and the amount they are entitled to retain
as their compensation, and to enact in lieu thereof a new
section relating to fees to be charged and collected in
probate proceedings and the manner of accounting for the
same, and to provide for bonds of probate judges, to be
known as Section 13404, with effective date provided."
On July 6, 1946, I approved said Senate Committee Sub-
stitute for Senate Bill No. 200.
However, I call attention to the words "state treasurer"
on page 4, line 80 of Section 13404. I am of the opinion that
this should be "director of revenue."
Respectfully submitted,
PHIL M* DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 469
TO THE SENATE
JULY 6, 1946
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, 'JEFFERSON CITY,
July 6, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I return to you Senate Bill No. 484, entitled:
"AN ACT
"To repeal Section 10918 of Article 2, Chapter 73,
Revised Statutes of Missouri, 1939, relating to the county
clerk's serving as budget officer in counties having a popu-
lation, of more than 50,000 and less than 80,000 inhabit-
ants; and Section 10922 to Section 10934, both inclu-
sive, of Article 2, Chapter 73, Revised Statutes of Mis-
souri, 1939, relating to the presiding judge serving as
budget officer, the annual budget, the borrowing of money
in anticipation of the collection of taxes by the county
court, the execution of contracts, and the liability of cer-
tain officers in counties having a population of more than
80,000 inhabitants and to enact in lieu thereof fourteen
new sections relating to the same subject in counties of
the second class, providing that bids need not be taken
on purchases of twenty-five dollars or less made from any
one person, firm or corporation during any period of
thirty days, and authorizing the county court to revise
the 1946 budget, to be known as Sections 10922, 10923,
10924, 10925, 10926, 10927, 10928, 10929, 10930, 10931,
10932, 10933, 10934, and 10934a» with an emergency
clause,"
On July 6, 1946, I approved said Senate Bill No. 484.
However, I wish to call attention to the following:
I am of the opinion, that the words "state board of equali-
470 MESSAGES AND PROCLAMATIONS OF
zation" on page 7, line 25, Section 10927, should be the "state
tax commission."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
JULY 18, 1946
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 18, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 935, entitled:
"AN ACT
"To repeal Section 10919 of Article 2, Chapter 73,
of the Revised Statutes of Missouri, 1939, as amended by
an Act of the 61st General Assembly and approved by
the Governor on August 7, 1941, and appearing in Laws
of Missouri, 1941, at Page 649, relating to the establish-
ment of the office of county comptroller and the election
of such officer in certain counties, and also to repeal Sec-
tions 10920, and 10921, of Article 2, Chapter 73, of the
Revised Statutes of Missouri, 1939, relating to the powers
and duties of the budget officer and accounting officer
under the county budget law in certain counties, and to
enact in lieu thereof five new sections providing for the
appointment of a county auditor in counties of the first
class and prescribing the duties, powers, and responsi-
bilities of such county auditor under the county budget
law, to be known as Sections 10919a, 10920, 10921, 10921a
and 10921b, with an emergency clause/*
On July 18, 1946, I approved said House Bill No. 935.
However, I wish to call attention to the following;
GOVERNOR. PHIL M. DONNELLY 471
On page 2, Section 1, lines 5 and 6, the words "be and
the same is hereby repealed effective as of the 1st day of Jan-
uary, 1947," refer to Section 10919 of Article 2, Chapter 73,
of the Revised Statutes of Missouri, 1939, as amended by an
act of the 61st General Assembly and approved by the Gov-
ernor on August 7, 1941, appearing in Laws of Missouri, 1941,
at page 649. The above quoted provision does not appear
in the title to House Bill No. 935.
On page 2, Section 1091 9a, lines 2a, 3, and 4, refer to
Sections 10925 to 10933, both inclusive, of Article 2, Chapter
73, of the Revised Statutes of Missouri, 1939. These sections
were repealed and reenacted by Senate Bill No. 484 of the
63rd General Assembly, approved on July 6, 1946.
On page 6, Section 10921b, line 9, the word "date" should
be "data."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
JULY 18, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFBBSON CITY,
July 18, 1946,
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No, 339, entitled:
"AN ACT
"To repeal Section, 5728 of an Act of the 62nd Gen-
eral Assembly, approved April 29, 1944, appearing at
pages 45 to 48 inclusive of the Session Laws of Missouri,
Extraordinary Session 1944, relating to the annual license
fee on motor carriers for the transportation of persons
472 MESSAGES AND PROCLAMATIONS OF
t
and property and enacting in lieu thereof a new section
to be known as Section 5728 relating to the same subject
matter."
On July 18, 1946, I approved said Senate Bill No. 339.
However, I wish to call attention to the fact that on
page 5, lines 117 and 118, reference is made to Section 8369,
Laws of Missouri, 1943, pages 664 to 666, both inclusive. Said
Section 8369 was repealed and reenacted by Senate Bill No.
360 of the 63rd General Assembly approved on April 30, 1946.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
JULY 23, 1946
From the Journal of the House of Representatives, p. 4708
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 23, 1946.
To the Secretary of State of the State of Missouri:
Sir : I hand you herewith Committee Substitute for House
Bill^No. 214, entitled:
"AN ACT
"To create a County Aid Road Fund to receive
appropriations by the General Assembly from the Mis-
souri Post-War Reserve Fund for the purpose of aiding
and assisting in the improvement, construction, recon-
struction and restoration of county roads; to provide for
the apportionment of said funds to the several counties
of the State; to provide for the formulation by the State
Highway Commission and a committee of five (5) county
judges appointed by the Governor of general plans, speci-
fications and minimum requirements for the improvement,
GOVERNOR PHIL M. DONNELLY 473
construction, reconstruction and restoration of county
roads with the use of said funds; to provide for the selec-
tion of the county roads to be improved, constructed, re-
constructed and restored with the use of said funds; to
define 'County Roads' as used in this Act; to provide for
the manner in which any county may avail itself of the
benefits of this Act; to provide for the adoption of a pro-
gram by the county court of county road improvements
and the adoption of plans and specifications for the proj-
ects included in, said program; to provide for the setting
aside of a specified portion of said funds appropriated to
the County Aid Road Fund by the State Treasurer upon
approval of the State Highway Commission of the pro-
gram and the plans and specifications submitted by any
county; to provide for the awarding of contracts for, and
the improvement, construction, reconstruction and res-
toration of, county roads by competitive bidding or other-
wise; and to provide for the time and manner of making
payments out of the said funds to the county."
On July 23, 1946, I approved said Committee Substitute
for House Bill No. 214.
However, I wish to call attention to the following:
On page 5, Section 4, line 18, I am of the opinion that the
words "State Auditor" should be "comptroller"; also, on page
6, Section 6, lines 23 and 24, the words "State Auditor"
should be "comptroller."
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
474 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 31, 1946
From the Journal of the Senate, p. 4139
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 31, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
W. F. Keyser, Sedalia, Missouri, as a member of the Per-
sonnel Advisory Board, Personnel Division of the Depart-
ment of Business and Administration, for a term of six years
from July 31, 1946, and until his successor is appointed and
qualified.
L. C. Deason, Hannibal, Missouri, as a member of the
Personnel Advisory Board, Personnel Division of the Depart-
ment of Business and Administration, for a term of four
years from July 31, 1946, and until his successor is appointed
and qualified.
Paul G. Steinbicker, 1304 Boland Place, St Louis County,
Missouri, as a member of the Personnel Advisory Board,
Personnel Division of -the Department of Business and Admin-
istration, for a term of two years from July 31, 1946, and
until his successor is appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 475
TO THE SENATE
'SEPTEMBER 16, 1946
From the Journal of the Senate , p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 16, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Samuel Marsh, 35 East 55th Street, Kansas City, Mis-
souri, as Director of the Department of Public Health and
Welfare, for a term ending four years from the time of his
appointment and qualification or until his successor is ap-
pointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 1, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOUBI, JEFFERSON CITY,
October 1, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
H. Sam Priest, 4621 Maryland Avenue, St. Louis, Mis-
souri, as a member of the Board of Police Commissioners for
476 MESSAGES AND PROCLAMATIONS OF
the City of St. Louis, Missouri, for a term ending July 6, 1949,
and until his successor shall be appointed and qualified; vice,
Mark D. Eagleton, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 14, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 14, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Hampton S. Chambers, President Hotel, Kansas City,
Missouri, as a member of the Board of Police Commissioners
for Kansas City, Missouri, for a term ending four years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, Fred H,
Olaader, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 477
TO THE SECRETARY OF STATE
OCTOBER 14, 1946
From the Journal of the House of Representatives, p. 4793
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 14, 1946.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 1034, entitled:
"AN ACT
"To appropriate money for postwar purposes and
providing that said money be transferred, credited and
set apart to the postwar reserve fund, with an emergency
clause."
On October 14, 1946, 1 approved said House Bill No. 1034.
However, I wish to call attention to the following: In
Section 1, line 7, reference to House Bill No. 15 should be
Senate Committee Substitute for House Bill No. 15. In line
8, the date May 30, 1945, should be January 25, 1946. How-
ever, I do not believe that this error affects the validity of
the bill
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p*
OFFIC», STATE OF MISSOURI, JEFFERSON CITY,
'December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
478 MESSAGES AND PROCLAMATIONS OF
Ray F. McCarthy, No. 6 Warson Terrace, St. Louis
County, Missouri, as a member of the State Advisory Coun-
cil, as provided for in Senate Committee Substitute for House
Substitute for House Bill No. 459 of the 63rd General Assem-
bly, for a term ending two years from the time of his appoint-
ment and confirmation.
Doctor Emmett F. Hoctor, Farmington, Missouri, as a
member of the State Advisory Council, as provided for in
Senate Committee Substitute for House Substitute for House
Bill No. 459 of the 63rd General Assembly, for a term ending
two years from the time of his appointment and confirmation.
Nell Morgan, Independence, Missouri, as a member of
the State Advisory Council, as provided for in Senate Com-
mittee Substitute for House Substitute for House Bill No. 459,
of the 63rd General Assembly, for a term ending two years
from the time of her appointment and confirmation.
L, 0. Wallis, R. F. D. No. 5, Springfield, Missouri, as a
member of the State Advisory Council, as provided for in
Senate Committee Substitute for House Substitute for House
Bill No. 459 of the 63rd General Assembly, for a term ending
two years from the time of his appointment and confirmation.
Mrs. Paul Palmer, Ethlyn, Lincoln County, Missouri, as
a member of the State Advisory Council, as provided for in
Senate Committee Substitute for House Substitute for House
Bill No. 459 of the 63rd General Assembly, for a term ending
two years from the time of her appointment and confirmation*
0. V. Jackson, Rolla, Missouri, as a member of the State
Advisory Council, as provided for in Senate Committee Sub-
stitute for House Substitute for House Bill No. 459 of the
63rd General Assembly, for a term ending two years from the
time of his appointment and confirmation.
Everett Johns, St. Joseph, Missouri, as a member of the
State Advisory Council, as provided for in Senate Committee
Substitute for House Substitute for House Bill No- 459 of
the 63rd General Assembly, for a term ending two years from
the time of his appointment and confirmation.
Respectfully submitted,
PHIL M, DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 479
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p. 4238
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
John M. Schaper, architect, Jefferson City, Missouri, as
a member of the State Board of Registration for Architects
and Professional Engineers, Division of Registration and
Examination, State Department of Education, for a term
ending October 29, 1947, and until his successor is appointed
and qualified; vice, Harry Satterlee Bill, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Jwurnol of the Senate, p* 4&S8
OFFKMB, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office;
480 MESSAGES AND PROCLAMATIONS OF
Bert Cooper, Maryville, Missouri, as Director of the
Department of Business and Administration, for a term con-
current with that of the Governor and until his successor is
appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Mrs. J. Henry Patton, Lebanon, Missouri, as a member
of the State Library Advisory Board, State Department of
Education, for a term of four years from the time of her
appointment and qualification and until her successor shall be
appointed and qualified.
Mrs. George A. Rozier, Jefferson City, Missouri, as a
member of the State Library Advisory Board, State Depart-
ment of Education, for a term of two years from the time of
her appointment and qualification and until her successor shall
be appointed and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 481
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p. 4289
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor D. W. McKinnon, St. Joseph, Missouri, as a
member of the Missouri Dental Board, Division of Registra-
tion and Examination, State Department of Education, for a
term ending October 16, 1951, and until his successor shall be
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
3To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
J* Ed* May, Gray Summit, Missouri, as a member of
the Board of Trustees, Fruit Experiment Station, State De-
482 MESSAGES AND PROCLAMATIONS OF
partment of Education, for a term ending six years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, C. W. Cleveland,
term expired.
Edwin J. Stark, Louisiana, Missouri, as a member of the
Board of Trustees, Fruit Experiment Station, State Depart-
ment of Education, for a term ending six years from the time
of his appointment and qualification and until his successor
shall be appointed and qualified; vice, Frank D, Connett,
term, expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p. 4840
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor C. C. Chesterson, 5709 Holly Hills, St. Louis,
Missouri, as a member of the Board of Advisors of the Mis-
souri School for the Blind, State Department of Education,
for a term ending four years from the time of his appointment
and qualification and until his successor shall be appointed
and Qualified.
Respectfully submitted,
PHIL M. DONNTEXXY,
Governor.
GOVERNOR PHIL M. DONNELLY 483
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p. 4241
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
George Burns, Republican, Appleton City, Missouri, as
a member of the Board of Regents for Central Missouri State
College, Warrensburg, Missouri, State Department of Educa-
tion, for a term ending January 1, 1951, and until his successor
is duly appointed and qualified; vice, Roy W. Starling, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
DECEMBER 10, 1946
From the Journal of the Senate, p*
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
December 10, 1946.
To the Senate of the 63rd General Assembly of the State of
Missouri:
I hav® the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Fred V* Heinkel, Robertsville, Missouri, as a member of
the State Soils Districts Commission, State Department of
484 MESSAGES AND PROCLAMATIONS OF
Education, for a term ending November 15, 1949, and until
his successor is duly appointed and qualified; vice, reappoint-
ment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 8, 1947
From the Jowrnal of the Houae of Representatives, p. 1
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 8, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
It being shown to the Governor that the Honorable
Wilson Bell, Secretary of State of Missouri, on account of
illness, will be unable to be present at the opening of the
Sixty-fourth General Assembly of Missouri;
NOW, THEREFORE, pursuant to Section 12852 of the Re-
vised Statutes of Missouri, 1939, I hereby appoint and desig-
nate the Honorable Albert M* Clark, Judge of the Supreme
Court, to call the House of Representatives of the Sixty-fourth
General Assembly of Missouri together at twelve o'clock,
noon, on Wednesday, January 8, 1947, and to preside over
its deliberations until a temporary organization shall have
been effected.
Dated this 8th day of January, 1947.
PHIL M* DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 485
TO THE GENERAL ASSEMBLY
FEBRUARY 5, 1947
From the Journal of the Hon.se of Representatives, pp. 177-1T9
To the Members of the 64th General Assembly:
In compliance with Section 24, Article IV of the 1945
Constitution, I submit herewith the Executive Budget for the
biennium 1947-1949.
On page 1 there is a statement of the General Revenue
for the period commencing January 1, 1945, to June 30, 1947,
inclusive. This statement shows an estimated balance as of
June 30, 1947, of $14,679,572.17. From this amount should
be deducted any emergency appropriations made by the Sixty-
fourth General Assembly for the remainder of the 1946-1947
fiscal year.
On pages 4 to 6, inclusive, are shown the receipts into
the ordinary Revenue Fund for the years 1943, 1944, the first
six months of 1945, the fiscal year 1945-1946, the estimated
receipts for the fiscal year 1946-1947, and the estimated re-
ceipts for the 1947-1949 biennium. On page 6 are shown the
total estimated receipts in the ordinary Revenue Fund for the
biennium 1947-1949 in the sum of $154,668,016.07. From
this amount should be deducted certain items, such as Public
Service Commission fees, National Forest Timber Sales, Sales
of Court Reports, and similar fees, in the sum of $613,000.00,
leaving a balance of $154,055,016.07. If one-third of this
amount is set aside and appropriated to the Public School
Fund, as has been done in previous years, said one-third will
be $51,351,672.02, which amount deducted from $154,055,-
016,07 will leave $102,703,344.05 plus the above deductible
items in the sum of $613,000.00, making a total of $103,316,-
344*05, which amount represents the net estimated General
Revenue receipts available for the biennium, 1947-1949 after
one-third has been deducted for the Public School Fund,
On page 2 of the Budget is a summary of the requests
from all State departments for appropriations for the 1947-
486 MESSAGES AND PROCLAMATIONS OF
1949 biennium from General Revenue in the total sum of
$134,863,537.68.
In order to balance the Budget and keep the expenditures
within the anticipated revenue, I have recommended expendi-
tures for the 1947-1949 biennium from the General Revenue
Fund in the sum of $101,657,186.00 as appears on page 3 of
the Budget. This amount, $101,657,186.00, deducted from
$103,316,344.05 (Budget, page 6), will leave a balance of $!,«
659,158.05 from the anticipated revenue for said biennium.
In my message to the Sixty-fourth General Assembly on
January 8, 1947, I stated there should be an estimated bal-
ance as of June 30, 1947, of $14,679,572.19. From this amount
should be deducted any emergency appropriations made by
the Sixty-fourth General Assembly for the remainder of the
1946-1947 fiscal year.
If my recommendations for expenditures from the Gen-
eral Revenue Fund for the biennium 1947-1949 are followed
there should be a balance in the General Revenue Fund on
June 30, 1949, of approximately $16,338,730.24. (This amount
is arrived at by adding $14,679,572.19 plus $1,659,158.05 as
above mentioned.)
The above recommended expenditures will leave a bal-
anced Budget for the 1947-1949 biennium. These recom-
mendations are only advisory, as the General Assembly has
authority to make such changes as its judgment may dictate*
At the bottom of page 1 is shown a summary of appro-
priation bills as enacted by the Sixty-third General Assembly
for the 1945-1947 biennium and approved by the Governor.
On pages 7 to 9, inclusive, are shown the receipts from
the various State and Federal funds received by the State
Treasury for the years 1943 to July 1, 1946, and the estimated
receipts for the fiscal year 1946-1947 and total estimated
receipts for the biennium 1947-1949.
There has been transferred to the Post War Fund the
sum of $30,000,000.00. There were appropriations enacted by
the Sixty-third General Assembly chargeable against this sum
in the amount of $8,829,500.33 (Budget, page 1) which would
leave an unappropriated balance of $21,170,499,67 as of June
30, 1947. However, I wish to call attention to the fact that
only the sum of $158,065.27 has been paid out of the Post
War Fund during this fiscal year*
GOVERNOR PHIL M. DONNELLY 487
Section 24, Article IV of the Constitution of 1945 provides
that the Governor shall make recommendations of any laws
necessary to provide revenue sufficient to meet the expendi-
tures. However, in view of the fact that the State of Mis-
souri is in a sound financial condition and the anticipated
revenues should be sufficient to meet the expenditures during
the ensuing biennium, such recommendations at this time are
unnecessary.
It is deemed advisable to call to the attention of the Gen-
eral Assembly that the only state bond obligation consists of
the outstanding State of Missouri Road Bonds, which at the
close of the present fiscal year, June 30, 1947, will amount to
$53,000,000,00. Nine million dollars of said Road Bonds will
become due during the 1947-1949 biennium.
However, we have what is known as an inter-fund debt
as follows:
Under the provisions of Sections 10881-10882, Revised
Statutes of Missouri, 1939, as reenacted by Senate Bill No.
210 of the Sixty-third General Assembly, there is an unfunded
debt consisting of Certificates of Indebtedness issued by the
State of Missouri to the State Public School Fund amounting
to $3,159,000.00. Annual interest of $187,040.00 on said Cer-
tificates of Indebtedness is paid by transfer from the State
Interest Fund to the State School Moneys Fund for distri-
bution to the public schools. (The interest is shown on page
62 of the Budget for the biennium.)
There are also Certificates of Indebtedness issued to the
State 'Seminary Fund amounting to $1,239,839.42. Annual
interest of $63,211,95 on said Certificates of Indebtedness is
paid by transfer from the State Interest Fund to the State
Seminary Moneys Fund to be applied for the maintenance of
the University of Missouri, School of Mines and Metallurgy,
and the James S. Rollins University scholarship. (The interest
is shown on page 62 of the Budget for the biennium,)
The total of these two funds amounts to $4,398,839.42,
A careful study of the facts and figures contained in this
message will reveal the need for economy in, the expenditure
of State funds. It will be noted that total requests for appro-
priations for the 19474949 biennium have been cut almost
twenty-five per cent in order to achieve a budget total in bal-
488 MESSAGES AND PROCLAMATIONS OF
ance with total anticipated revenues available for the bieixnium.
Any major disturbance in the relationship between those totals
could result in an unbalanced budget, with consequent dipping
into reserves. The expenses of government are heavy. At the
same time, prudent management and businesslike practices
can keep those expenses within bounds. Missouri's financial
soundness depends upon that kind of administration of the
business of the State, as well as in the wise and careful han-
dling of fiscal affairs.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 19, 1947
From the Journal of the Senate, p. 291
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 19, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Herbert I. Sears, Democrat, LaPlata, Missouri, as a mem-
ber of the Board of Regents for the Northeast Missouri State
Teachers College, Kirksville, Missouri, State Department of
Education, for a term ending January 1, 1953, and until his
successor is duly appointed and qualified; vice, reappointment.
Roy R. Quinn, Republican, Moberly, Missouri, as a mem-
ber of the Board of Regents for the Northeast Missouri State
Teachers College, Kirksville, Missouri, State Department of
Education, for a term ending January 1, 1953, and until his
successor is duly appointed and qualified; vice, reappomtment
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 489
TO THE SENATE
FEBRUARY 19, 1947
From the Journal of the Senate, p. 291
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 19, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
R, E. Bailey, Republican, Sikeston, Missouri, as a mem-
ber of the Board of Regents for the Southeast Missouri State
College, Cape Girardeau, Missouri, State Department of Edu-
cation, for a term ending January 1, 1953, and until his suc-
cessor is duly appointed and qualified; vice, reapp ointment.
John F. Lottes, Republican, Perryville, Missouri, as a
member of the Board of Regents for the Southeast Missouri
State College, Cape Girardeau, Missouri, State Department
of Education, for a term ending January 1, 1953, and until
his successor is duly appointed and qualified; vice, re-
appointment.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 19, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
February 19, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
490 MESSAGES AND PROCLAMATIONS OF
T. H. Douglas, Republican, Bolivar, Missouri, as a mem-
ber of the Board of Regents for the Southwest Missouri State
College, Springfield, Missouri, State Department of Educa-
tion, for a term ending January 1, 1953, and until his suc-
cessor is duly appointed and qualified; vice, reapp ointment.
R. W. Anderson, Republican, Neosho, Missouri, as a
member of the Board of Regents for the Southwest Missouri
State College, Springfield, Missouri, State Department of Edu-
cation, for a term ending January 1, 1953, and until his suc-
cessor is duly appointed and qualified; vice, Maurice W. Covert,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 5, 1947
From the Journal of the Senate, p. $58
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEKSON CITY,
March 5, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Ben H* Howard, Jefferson City, Missouri, as Comptroller
and Director of the Budget, Division of the Budget and Comp-
troller of the Department of Revenue, for a term ending at
the pleasure of the Governor; vice, E. G* Armstrong, resigned.
Respectfully submitted,
PHIL M* DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 491
TO THE SENATE
March 5, 1947.
From the Journal of the Senate, p. S58
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 5, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office :
Harold F. Thomson, 1718 Crescent Drive, St. Joseph,
Missouri, as a member of the Board of Police Commissioners
for the City of St. Joseph, Missouri, for a term ending Feb-
ruary 19, 1950, and until his successor is duly appointed and
qualified; vice, reappointment*
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
MAEGIX 5, 1947
Frow tk$ Journal of th$ $$n&t$t #. $$&
EXECUTIVE Omcjs, STATE* OF MJMOUEX, JIFFHSSON Cmrt
March 8, 1047,
To the Senate of the 84th Gemml Assembly of the State of
Missouri:
1 have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
James C* Kirkpalrlek* Democrat* Jefferson City, Missouri,
at a member of the Board of Regents for the Central Missouri
492 MESSAGES AND PROCLAMATIONS OF
State College, Warrensburg, Missouri, State Department of
Education, for a term ending January 1, 1953, and until his
successor is duly appointed and qualified; vice, J. L. Mann,
term expired.
Earl T. Crawford, Republican, Sedalia, Missouri, as a
member of the Board of Regents for the Central Missouri
State College, Warrensburg, Missouri, State Department of
Education, for term ending January 1, 1953, and until his
successor is duly appointed and qualified; vice, Thos. H.
Yount, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 6, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 6, 1947,
Hon. Roy D. Miller, Secretary of Senate, Jefferson City"
Missouri:
Dear Senator Miller;
Please convey to the members of the State Senate my
sincere appreciation and thanks for the Resolution which they
adopted today, and for the beautiful bouquet of flowers.
With best wishes, I am
Sincerely,
PHIL M* DONNELLY.
GOVERNOR PHIL M. DONNELLY 493
TO THE SENATE
MARCH 7, 1947
the Journal of the Senate, p. 37$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 7, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Frank Stonner, Chamois, Missouri, as a member of the
Board of Curators of the University of Missouri, State Depart-
ment of Education, for a term ending January 1, 1953, and
until his successor is duly appointed and qualified; vice, James
A* Potter, term expired.
John W. Wolpers, Poplar Bluff, Missouri, as a member
of the Board of Curators of the University of Missouri, State
Department of Education, for a term ending January 1, 1953,
and until his successor is duly appointed and qualified; vice,
reapp ointment.
Stratton Shartel^ 4235 Locust, Kansas City, Missouri, as
a member of the Board of Curators of the University of Mis-
souri, State Department of Education, for a term ending Jan-
uary 1, 1953, and until his successor is duly appointed and
qualified; vice, reappomtment*
Respectfully submitted,
PHIL M* DOHNELLY,
Governor-
494 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 7, 1947
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 7, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor Vern Paul Grisham, Cape Girardeau, Missouri,
as a member of the Missouri Dental Board, Division of Regis-
tration and Examination, State Department of Education, for
a term ending July 6, 1950, and until his successor shall be
appointed and qualified; vice, Doctor T, T. Umbarger,
resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 11, 1947
From the Journal of the Senate, pp*
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON
March 11, 1947*
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Earl E, Young, Lebanon, Missouri, as a member of the
Board of Trustees of the Federal Soldiers' Home at St. James*
GOVERNOR PHIL M. DONNELLY 495
Missouri, Division of Welfare, Department of Public Health
and Welfare, for a term ending four years from the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, 0. D. Hall, term expired.
C. Cicero Ogle, Cuba, Missouri, as a member of the
Board of Trustees of the Federal Soldiers' Home at St. James,
Missouri, Division of Welfare, Department of Public Health
and Welfare, for a term ending four years from the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, James Bottomley, term
expired.
Leo W. Highley, Rolla, Missouri, as a member of the
Board of Trustees of the Federal Soldiers* Home at St. James,
Missouri, Division of Welfare, Department of Public Health
and Welfare, for a term ending four years from the time of
his appointment and qualification and until his successor shall
be appointed and qualified; vice, Harry E. Guth, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
MARCH 12, 1947
From the Journal of th$ S®n&t$t pp« $$%«$$$
Bx»cwm& OFFICE, STATE OF Bbssotmx, JSFFEESON
March 12, 1047,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Miss Ophelia Mae Perkins, Springfield* Missouri, as a
member of the Board of Examiners and Registrars of Nurses,
496 MESSAGES AND PROCLAMATIONS OF
Division of Registration and Examination, State Department
of Education, for a term ending July 6, 1948, and until her
successor shall be appointed and qualified; vice, Miss Luna
Thomas, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 12, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE: OP MISSOURI, JEFFERSON CITY,
March 12, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J. Frank Hensley, Fulton, Missouri, as a member of the
Board of Advisors for the Missouri School for the Deaf, State
Department of Education, for a term ending four years from
the time of his appointment and qualification and until his
successor shall be appointed and qualified; vice, reappomtment*
Doctor D. P, Dyer, Sedalia, Missouri, as a member of
the Board of Advisors for the Missouri School for the Dea£»
State Department of Education, for a term ending four years
from the time of his appointment and qualification, aiad until
his successor shall be appointed and qualified; vice, He&iy C*
Salveter, term expired*
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 497
TO THE SENATE
MARCH 12, 1947
From the Journal of the Senate , p. 396
EXECUTIVE OFFICE, >STATE OF MISSOURI, JEFFERSON CITY,
March 12, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return to you Senate Bill No. 60, entitled:
"AN ACT
"To repeal Section 7889 of Article 11, Chapter 39,
Revised Statutes of Missouri of 1939, relating to the
original incorporation or increasing the capital of any cor-
poration, and to enact in lieu thereof a new section, relat-
ing to the same subject matter, to be known as Section
7889."
On March 12, 1947, I approved said Senate Bill No. 60,
However, I wish to call attention to the following:
In line I of the title. Article 11 should be Article 1* This
same error appears in line 1 of Section L
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
498 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MAKCH 27, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, &TATE OF MISSOURI, JEFFERSON €ITY,
March 27, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
M. E. Ford, Democrat, Maryville, Missouri, as a member
of the Board of Regents for the Northwest Missouri State
Teachers College, Maryville, Missouri, State Department of
Education, for a term ending January 1, 1953, and until his
successor is duly appointed and qualified; vice, E. C. Curfmau,
term expired.
A. B. Kemerer, Republican, Chillicothe, Missouri, as a
member of the Board of Regents for the Northwest Missouri
State Teachers College, Maryville, Missouri, State Depart-
ment of Education, for a term ending January 1, 1953, and
until his successor is duly appointed and qualified; vice, M. E.
Morris, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 31, 1047
From the Journal of the S$naU> p* 48$
EXECUTIVE OFFICE, STATE OF MISSOURI, JKFFUBSON
March 81, 1947.
To the Senate of the 64th General Assembly of the State
Missouri:
I return to you Senate Bill No* 112, entitled:
GOVERNOR PHIL M. DONNELLY 499
"AN ACT
'To repeal Sections 10130 and 10132 of an Act of
the 63rd General Assembly known as House Bill No. 146,
approved January 18, 1946, and to repeal Sections 10133
and 10134, Chapter 67, Revised Statutes of Missouri,
1939, all relating to the State Board of Barber Examiners,
and to enact in lieu thereof four new sections, relating to
the same subject, to be known as Sections 10130, 10132,
10133 and 10134."
On March 31, 1947, I approved said Senate Bill No. 112.
However, I wish to call attention to the fact that the
words "to the treasurer of said board" should have been
stricken out of line 27, page 3, Section 10132; and also the
words "to the treasurer of the board" should have been stricken
out of lines 18 and 19, page 5, Section 10134. These words
were stricken out of several places in the sections contained in
Senate Bill No. 112 but were evidently overlooked in the
above two instances.
However, I believe the proviso in lines 5 to 9, inclusive,
page 2, Section 10130, that all moneys payable under this act
shall be collected by the Division of Collection in the Depart-
ment of Revenue and deposited in the State Treasury to the
credit of a Board of Barbers fund, will govern*
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SEN ATE
Aim 5, 1947
Prom tk$ Journal of tfa$ Sena£&> pp* 8Q$«$Q&
Off 1C®, STATU OF If KWOUBI, JEFFIBSON Cmr»
April S, 1947,
To the Senate of the 64th General Assembly of the State of
Mmouri:
I return to you Senate Bill No* 66f entitled;
500 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To repeal Sections 8151 and 8170 of Article 7,
Chapter 39 of the Revised Statutes of Missouri of 1939,
relating to small loan companies, and to enact in lieu
thereof two new sections, relating to the same subject
matter to be known as Sections 8151 and 8170."
On April 5, 1947, I approved said Senate Bill No. 66.
Senate Bill No. 66 repeals Sections 8151 and 8170, Arti-
cle 7, Chapter 39, Revised Statutes of Missouri, 1939, relat-
ing to small loan companies and reenacts in lieu thereof two
new sections. The principal changes in the two sections are
that the fees for licenses, which must be obtained by persons
who desire to engage in the small loan business, are to be
collected by the State Collector of Revenue.
The Attorney General of Missouri, Honorable J. E* Tay-
lor, in an opinion to the State Commission of Finance July 1,
1946, held that the entire small loan law, which is found in
Article 7, Chapter 39 of the Revised Statutes of Missouri,
1939, is unconstitutional because it is in conflict with Section
44, Article III of the 1945 Constitution.
Said Section 44, Article III of the 1945 Constitution is
as follows;
"Section 44. No law shall be valid fixing rates of interest
or return for the loan or use of money, or the service or
other charges made or imposed in connection therewith,
for any particular group or class engaged in lending money*
The rates of interest fixed by law shall be applicable gen-
erally and to all lenders without regard to the type or
classification of their business."
In the case of Crown, Loan Company vs. Shaffaer, Com-
missioner of Finance* in the Circuit Court of Cole County,
Missouri, in July, 1946, the Crown Loan Company contended
that Article 7, Chapter 39, Revised Statutes of Missouri,
1939, was in full force and effect and did not conflict with the
Missouri Constitution* The Commissioner of Finance was
represented in said ease by the Attorney General of Missouri
who contended that said Article 7t Chapter 39, Revised Stat-
utes of Missouri, 1939, was unconstitutional* which conten-
GOVERNOR PHIL M. DONNELLY 501
tiou was sustained by the Circuit Court of Cole County,
Missouri.
At the present time there is pending in the Supreme
Court of Missouri the case of Household Finance Company
vs. Shaffner, Commissioner of Finance. The relator in this
case (Household Finance Company) contends that Article 7,
Chapter 39, Revised Statutes of Missouri, 1939, is still in full
force and effect, which contention is denied by the Commis-
sioner of Finance who is represented by the Attorney General.
In view of the fact that all of Article 7, Chapter 39, Re-
vised Statutes of Missouri, 1939, which includes the two sec-
tions in Senate Bill No. 66, is now under consideration by the
Missouri Supreme Court as to whether or not said Article is
constitutional, I £»m of the opinion that I should approve Sen-
ate Bill No. 66. If the Supreme Court should hold that said
Article 7 is unconstitutional then said two Sections, 8151 and
8170, likewise would be unconstitutional and my approval of
them at this time would not validate them, while on the other
hand if the Supreme Court should hold that said Article 7 is
constitutional then it would be proper for said two sections
to be enacted into law.
With this explanation I am approving Senate Bill No. 66,
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE GENERAL ASSEMBLY
APBIL 7» 1047
From the Journal of th$ S$nat$t pp>
OPTICS, STATE OF MXSSOUBX, JEFIWSON CITY,
April 7, 1947,
To the Senate and Home of Representatives of the Sixty-rfoarth
General Assembly:
I am in receipt of a communication from Honorable Dean
Acheron, Acting Secretary of State, containing a certified
502 MESSAGES AND PROCLAMATIONS OF
copy of a resolution, adopted by the National Congress of the
United States during the First Session of the Eightieth Con-
gress, proposing an amendment to the Constitution of the
United States entitled "JOINT RESOLUTION Proposing an amend-
ment to the Constitution of the United States relating to the
terms of office of the President," and a copy of Section 160,
Title 5, United States Code.
I transmit to you herewith this Certified Copy of Joint
Resolution and copy of Section 160, Title 5, United States
Code, in, order that said Resolution may receive your
consideration.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
NO. 1505
UNITED STATES OF AMERICA
DEPARTMENT OF STATE
To all to whom these presents shall come, Greeting:
I Certify That the copy hereto attached is a true copy of
a resolution of Congress entitled "JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States relating to the terms of office of the President/' the
original of which is on file in this Department.
In testimony whereof, I, Dean Aeheson, Acting
Secretary of State, have hereunto caused the
seal of the Department of State to be affixed
(Seal) and my name subscribed by the Authentication
Officer of the said Department, at the city of
Washington, in the District of Columbia, this
twenty-fifth day of March, 1047,
DEAN ACHESON
Acting Secretary of State.
By M. P- CHAUVIN
Authentication Officer,
Department of Stat€.
H* J. Res, 27.
GOVERNOR PHIL M. DONNELLY 503
EIGHTIETH) CONGRESS OF THE UNITED STATES OP
AMERICA AT THE FIRST SESSION
Begun and held at the City of Washington on, Friday, the third
day of January, one thousand nine hundred and forty-seven
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States relating to the terms of office of the President.
Resolved by the Senate and the House of Representatives of
the United States of America in Congress assembled (two-thirds
of each House concurring therein}, That the following article
is hereby proposed as an amendment to the Constitution of
the United States, which shall be valid to all intents and pur-
poses as part of the Constitution when ratified by the legis-
latures of three-fourths of the several States:
-A.rt.lCl0 •—•:ir"--"inovuvr
"Section 1* No person shall be elected to the office of
the President more than twice* and no person who has held
the office of President, or acted as President, for more than
two years of a term to which some other person was elected
President shall be elected to the office of the President more
than once. But this Article shall not apply to any person
holding the office of President when this Article was proposed
by the Congress, and shall not prevent any person who may
be holding the office of President, or acting as President, dur-
ing the term within which this Article becomes operative Irom
holding the office of President or acting as President during
the remainder of such term,
"Sec, 2. This article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by
th© legislatures of three-fourths of the several states within
504 MESSAGES AND PROCLAMATIONS OF
seven years from the date of its submission to the States by
the Congress."
JOSEPH W. MARTIN, JR.
Speaker of the House of
Representatives.
WILLIAM F. KNOWLAND
Acting President of the
Senate pro tempore.
I certify that this Joint Resolution originated in the House
of Representatives.
JOHN ANDREWS,
Clerk.
SECTION 160, TITLE 5, UNITED STATES CODE
Whenever official notice is received at the Department of
State that any amendment proposed to the Constitution of
the United States has been adopted, according to the pro-
visions of the Constitution, the Secretary of State shall forth-
with cause the amendment to be published, with his certifi-
cate, specifying the States by which the same may have been
adopted, and that the same has become valid, to all intents
and purposes, as a part of the Constitution of the United
States,
TO THE GENERAL ASSEMBLY
Aim 15, 1947
From the Journal of the Home of Repr$mnt&tiw#t pp.
To the Senate and House of Representatives of the Sixty-fourth
General Assembly:
In my message to the General Assembly delivered on
January 8, 1947, 1 made this statement and recommendation:
"During recent years labor has won many long overdue
rights to which they were entitled* The right of ©m-
GOVERNOR PHIL M. DONNELLY 505
ployees in private industry to organize and bargain col-
lectively through representatives of their own choosing
is recognized by law and should be preserved. But all
rights carry with them corresponding responsibilities and
duties. Labor unions should recognize and live up to these
responsibilities, and should be held legally responsible for
their contractual obligations. In addition I recommend
that legislation be enacted to prevent labor strikes which
affect the lives, health, or safety of the general public, or
challenge the sovereignty of the State government."
Events since that statement was made emphasize the need
to re-state the principles it proclaims; and the urgent neces-
sity of legislative action to protect the public inteiest. The
times demand action that is clear, unequivocal, and effective.
In particular, the present paralyzing telephone strike has
made it abundantly evident that the general public is not
protected against public utility strikes that threaten the very
life of our people. That is the kind of work stoppage, arbi-
trary and dangerous, that I recommended legislation to pre-
vent* Such strikes, in public utilities serving essential needs
of the people, strangling the business of the State and Nation,
endangering the health and safety of all the people, placing
the interests of the few above the welfare of all, are intolerable.
If a strike or lockout in a utility serving the vital com-
munication needs of the public can take place, similar curtail*
mont of services could occur in public utilities providing light,,
power, transportation, and other services absolutely necessary
to tine general welfare* Without such services, hardship, suf-
fering, and the dangers and calamities inherent in great catas-
trophies could occur. The people should not be exposed to
such perils*
Let us not lose sight of the fact that a public utility
operates under a franchise or certificate issued by the State*
Our statutes clearly define the obligations and duties of a
public utility, and provide that such utility must not suspend
its services. The utility is subject to severe penalties, even
extending to loss of franchise for violation of this statutory
requirement* A work stoppage or strike in such a utility there*
fora has the effect of nullifying the statutes of Missouri, and
challenges the sovereignty of the State. If a utility company
506 MESSAGES AND PROCLAMATIONS OF
cannot disregard the public welfare, neither should its em-
ployees. The same yardstick of public service should apply
to the employee as to 'the utility itself. A walkout of the
nature of the telephone strike can be regarded, therefore, as
a strike against the State itself. Thus we have a minority
group, acting under the orders and leadership of men who
have had no responsibility conferred upon them by the people,
making decisions and dictating policies which abrogate the
laws and make a mockery of the legislative acts of the elected
representatives of the people.
The dangers inherent in this situation are recognized
throughout the nation, and in some states legislation has been
enacted for the purpose of preventing strikes in public utilities,
I have in mind two states in which recent legislation has
proven quite effective. In those states, laws were enacted
which, while differing in the methods of handling situations
arising from disputes between public utility employers and
their employees, had this in common: Each law was clear,
vigorous, and enforceable. There is no telephone strike today
in those states. In another state a law was enacted that failed
to do the j ob. Only after emergency amendments were adopted
a few days ago, did this legislation become partially effective.
These actions, in sister states, may well be heeded in our
efforts, in Missouri, to meet this urgent problem.
House Bill No. 180 has been introduced in the Sixty-
fourth General Assembly. The purpose of this bill is to pre-
vent strikes, work stoppages, and lockouts in public utilities,
but in its form as perfected it is, in my judgment, ineffective
and unenforceable.
The original House Bill No* 180 contained Section 21,
which provided penalties for violation of the act by indi-
viduals participating in a strike or a concerted refusal to work
but this section was removed by amendment This, or a
similar section, should be restored to this bill
In addition* the bill, to be effective, should expressly for-
bid lockouts, strikes, or work stoppages in public utilities, and
should provide penalties for violation thereof by either the
utility or the labor union*
The bill seeks to provide a form of mediation* but gives
no assurance it would succeed* No provision is contained
GOVERNOR PHIL M. DONNELLY 507
which would enable the State, after having taken possession
of the utility, to operate such utility, since there is no authority
to prohibit the continuation of the strike by the members of
the group engaged in it, and no penalties are provided for a
contination of the strike after the State has taken over.
The Governor, under this bill, could make "necessary
rules and regulations to carry out the provisions of this Act,"
but there is no provision in the bill authorizing the Governor
to enforce the rules and regulations. Furthermore, such pro-
posed legislation, even when it authorizes the State to take
possession of and operate a utility, does not contain any pro-
vision which would provide for the eventual resumption of
such service to the public by the utility.
The legislation should further provide that courts of com-
petent jurisdiction shall have authority to enforce by injunc-
tion. the provisions of such legislation during the time the
State operates the utility.
A joint and concurrent resolution has been introduced in
the General Assembly providing for an amendment to the Con-
stitution that would prohibit strikes by "public employees."
The theory of the sponsors of this proposed constitutional
amendment seems to be that if adopted the utility employees
would become public employees if the operation of the utility
is taken over by the State* But this is a long and delaying
procedure. And if the proposed constitutional amendment is
adopted it probably would require the enactment of legisla-
tion to make it operative,
I am not at this time discussing other legislation on this
subject that has been introduced in the 64th General Assem-
bly* but am confining these statements and recommendations
to House Bill No- 180 solely because it has been perfected
and has been made a special order of business for third read-
ing and final passage for Wednesday, April 16. It is not too
late to reconsider the vote by which this bill was perfected
and amend it to provide for the recommendations contained
in this message*
This legislation should have the earnest, courageous atten-
tion of every legislator and the executive alike* It should not
be regarded as political* nor should legislation relating to this
subject be introduced* or positions be taken, with political
508 MESSAGES AND PROCLAMATIONS OF
considerations in mind. These things should be disregarded
by both political parties. This is no time to take half-way
measures, or to count the votes.
I urge that legislation, strong, effective, adequate to every
emergency, be enacted. I recommend that this great service
to our people be accomplished by this General Assembly,
without regard to politics in any manner whatever. I ask
you to take action as legislators and as citizens of Missouri.
Let us chart our course down the road, swerving neither to
the right nor to the left, giving to the people that protection
and safety to which they are entitled.
The public's rights must be protected. This is an oppor-
tunity to re-state those rights, and to reaffirm them- They
shall, and must be preserved.
PHIL M. DONNELLY,
Governor.
April 15, 1947.
TO THE SENATE
APBIL 17, 1947
From the Journal of the S$n&tef p, 598
EXECUTIVE OFFICE, STATE OF MISSOUKI, JEFFERSON CITY,
April 17, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Andrew E. Mclnerney, 137 North Lawn, Kansas City,
Missouri, as the Grain, Warehouse Commissioner for the State
of Missouri for a term ending four years from the time of hit
appointment and qualification and until his successor shall be
appointed and qualified; vice. Turner B, Morton, term expired*
Respectfully submitted*
PHIL M* DONNELLY*
Governor.
GOVERNOR PHIL M. DONNELLY 509
TO THE GENERAL ASSEMBLY
MAY 15, 1947
From the Journal of the House of Representatives, pp. 1075-1076
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 15, 1947.
To the Senate and House of Representatives of the 64th General
Assembly of the State of Missouri:
I am advised that additional funds are needed for the
fiscal year ending June 30, 1947, for the following departments
and institutions of the State government:
1. The Department of Education, for vocational reha-
bilitation services to the disabled and handicapped persons
of the State of Missouri in order to meet the State's obligations
in providing services to the handicapped so that they may be
trained and equipped for employment in worthy occupations,
the sum of $35,000.00 chargeable to the General Revenue Fund.
2, The Department of Education, for veterans training
in meeting the State's needs for inspecting and listing educa-
tional and training institutions which are qualified to furnish
training for returned veterans, the sum of $12,000.00 charge-
able to the General Revenue Fund. It is my understanding
that under the Federal act all expenditures for personal serv-
ice and travel are refunded to the State; however, the State
must first make the expenditures available before claim can
be established for reimbursement,
3* The Department of Education, for vocational edu-
cation, in order that schools may be reimbursed for providing
vocational courses in vocational agriculture in training farm
boys, vocational home economics for girls in home making,
vocational trades, guidance and distributive education,, the
sum of $160,000.00 chargeable to that part of the general reve-
nue $©t apart for the free public schools of Missouri. I am
advised there ar© approximately three hundred schools offer-
ing vocational education* Said additional funds will be used
for reimbursing schools and matching Federal funds for the
same purpose*
510 MESSAGES AND PROCLAMATIONS OF
4. Missouri School for the Blind, Division of Public
Schools, Department of Education, the sum of $4,000.00
chargeable to that part of the general revenue set apart for
the support of the free public schools of Missouri. This amount
is needed in order to complete the current school year.
5. Federal Soldiers5 Home (St. James), Division of Wel-
fare, Department of Public Health and Welfare, the sum of
$2,000.00 chargeable to the General Revenue Fund, This
amount is needed due to increased prices in food and other
operational items.
6. Missouri State Sanatorium (ML Veruon), Division of
Health, Department of Public Health and Welfare, the sum
of $5,000.00 chargeable to the General Revenue Fund* This
amount is requested in order to purchase a special drug known
as streptomycin, which is used in the treatment of patients at
this institution.
7. Missouri Grain Warehouse Department, State De-
partment of Agriculture, the sum of $21,000.00 chargeable to
the fund into which the fees for weighing and inspection of
grain are deposited, as follows:
Personal Service $15,000.00
Operation 4,000.00
Repairs and Replacements 2,000,00
I recommend that the General Assembly consider the
above requests and take such action in the premises as may
be found necessary,
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 511
TO THE SENATE
MAY 21, 1947
From the Journal of the Senate, p. 1O90
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 21, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
William J. Studt, Republican, 3910 Sullivan, St. Louis,
Missouri, as a member of the Board of Elections Commission-
ers for the City of St. Louis, Missouri, for a term ending June
14, 1949, and until his successor shall be appointed and quali-
fied; vice, George P. Utter, resigned*
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
MAY 21, I£47
From the J<wmal of the Senate, p*
Oivicss, STAW OF Misiousi, JBFFHESQN CITY,
May 21, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
and approval the following appointments to office;
512 MESSAGES AND PROCLAMATIONS OF
John C. McLaughlin, Sedalia, Missouri, as Major Gen-
eral, Missouri National Guard, and assigned as Commanding
General, 35th Division; to rank from October 7, 1946.
Winston W. Kratz, 10 Country Life Acres, Clayton, Mis-
souri, as Brigadier General, Missouri National Guard, and
assigned as Commanding General, 57th Fighter Wing; to rank
from, June 14, 1946.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MAY 22, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OP MISSOUBI, JEFFERSON CITY,
May 22, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Morris E. Osburn, Shelbyville, Missouri* as a member of
the Public Service Commission, Department of Business and
Administration, for a term ending April 15> 1953, and until
his successor is duly appointed and qualified; vice, reap-
p ointment.
Kyle D. Williams, Albany, Missouri, as a member of the
Public Service Commission, Department of Business and Ad-
ministration, for a term ending April 15, 1953, and until his
successor is duly appointed and qualified; vice, reappointmeivt
I designate the said Morris E* Osburn as Chairman of the
Public Service Commission, Department of Business and
Administration*
Respectfully submitted*
PHIL M* DONNELLY*
Governor*
GOVERNOR PHIL M. DONNELLY 513
TO THE HOUSE OF REPRESENTATIVES
MAY 26, 1947
From the Journal of the House of Representatives, pp. U '48-
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 26, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you House Substitute for House Bill No. 58,
entitled:
"AN ACT
"To repeal Section 3100 of Article 1 and Section 3161
of Article 11, Chapter 14 of the Revised Statutes of Mis-
souri, 1939, relating to the presentment for payment of
negotiable instruments and presentment for acceptance of
bills of exchange and to enact two new sections in lieu
thereof to be known as Section 3100 and Section 3161
relating to the same subject."
On May 26, 1947, I approved said House Substitute for
House Bill No* 58,
However, I wish to call attention to the fact that in the
title, in line 3» the figures "1 1" should be "2*" In other words,
Section 3161 is in Article 2 and not in Article 11, This same
error appears in Section 1, line 2,
Also, on page 2, Section 3161, line 3, the word "Section"
should be "Sections."
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
514 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
MAY 29, 1947
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 29, 1947.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you House Bill No. 55, entitled:
"AN ACT
"To repeal Sections 7, 8 and 12 of an act of the 63rd
General Assembly, approved February 9, 1946, known
and designated as House Bill 526, relating to the creation
and establishment of the office of constable and the elec-
tion of constables in magistrate districts in counties of
the first class and to enact three new sections to be known
and designated as Sections 7, 7a and 8, relating to the
same subject and providing for deputy constables, their
compensation and qualifications, with an emergency
clause,"
On May 29, 1947, I approved said House Bill No. 55,
However, it is my opinion that Section 2» the emergency
clause, does not state facts sufficient to bring this bill withiu
the provisions of the Constitution relating to an emergency.
Respectfully submitted*
PHIL M* DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 515
TO THE SENATE
JULY 7, 1947
From the Journal of the Senate, p. 1874-
EXECUTIVE OFFICE, STATE OP MISSOURI, JEFFERSON CITY,
July 7, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J. G, Morgan, Republican, Unionville, Missouri, as a
member of the State Highway Commission, for a term ending
December 1, 1951, and until his successor is duly appointed
and qualified; vice, William A. Snider, deceased.
Respectfully submitted,
PHIL M* DONNELLY,
Governor,
TO THE SECRETARY OF STA TE
JULY 7, 1047
From th* Jowrncd of th
OFFICB, STATU or MISSOURI, JOTPBRSON
July 7, 1047-
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No* 100, entitled;
"AN ACT
*To repeal Sections 10346, 10353, 10357, 10367,
10370f 10374* 10390, 10392, 10393, and 10397, of Article
2» Chapter 72, Revised Statutes of Mis®ourit 1939; also
516 MESSAGES AND PROCLAMATIONS OF
an, act of the 61st General Assembly approved August 9,
1941, pages 547-548, Laws of Missouri, 1941; also an act
of the 62nd General Assembly approved August 2, 1943,
page 909, Laws of Missouri, 1943; relating to all classes
of schools and to enact in lieu thereof thirteen new sec-
tions to be known as Sections 10327a, 10327b, 10346,
10353, 10357, 10364a, 10367, 10370, 10374, 10390, 10392,
10393, and 10397, relating to the same general subject
matter, giving to the State Board of Education and the
State Commissioner of Education certain powers and
duties heretofore vested in the State Superintendent of
Public Schools."
On July 7, 1947, I approved said Senate Bill No. 100.
I call attention, to the fact that practically all of the pro-
visions of Section 10374 of Senate Bill No. 100 were included
in Section 10374 of Senate Committee Substitute for Senate
Bill No. 4 of the Sixty-fourth General Assembly, which was
approved June 2, 1947. In. other words, Senate Bill No. 100
repealed and reenacted said Section 10374 of the 1939 Statutes,
Senate Committee Substitute for Senate Bill No. 4 also re-
pealed and reenacted Section 10374 but contains different sub-
ject matter than is in Section 10374 of Senate Bill No* 100,
Neither Senate Committee Substitute for Senate Bill No. 4
nor Senate Bill No. 100 has an emergency clause. Therefore,
Section 10374 of Senate Bill No* 100 being a later enactment,
it is my opinion that it repeals by implication Section 10374
of Senate Committee Substitute for Senate Bill No* 4»
Respectfully submitted,
PHIt M. DONNELLY*
Governor*
GOVERNOR PHIL M. DONNELLY 517
TO THE SECRETARY OF STATE
JULY 7, 1947
From the Journal of the House of Representatives, p. IS 87
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 7, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 162, entitled:
"AN ACT
"To repeal Sections 11408, 11449 and 11453 of an
Act of the 63rd General Assembly known as House Bill
No. 652, approved March 29, 1946, relating to and known
as the 'Sales Tax Act/ and to enact in lieu thereof three
new sections, relating to the same subject, to be known
as Sections 11408, 11449, and 11453."
On July 7, 1947, I approved said House Bill No. 162.
I call attention to the fact that Sections 11449 and 11453
onfpage 3 of House Bill No. 162 are duplicates of Sections
11449 and 11453 of House Bill No. 274 of the Sixty-fourth
General Assembly which I have previously approved.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
518 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 8, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 8, 1947.
To the Senate of the 64th General Assembly of the State oj
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor George B. Clark, 706 Ambassador Building, St.
Louis, Missouri, Democrat, as a member of the State Board
of Chiropody, Division of Registration and Examination, State
Department of Education, for a term ending July 1, 1951,
and until his successor is appointed and qualified; vice, ra-
appointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
JULY 8, 1947
From ih& J&wrn&l of ih& Senate, p* 1$?$
Emcmrm Omc»» STATS OF MISSOURI, JEFITOSON CITY,
July 8, 1947,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office;
Doctor Edwin C White, 3232 Euclid, Kansas City# Mit-
souri* Democrat, as a member of the State Board of Medieal
GOVERNOR PHIL M. DONNELLY 519
Examiners, Division of Registration and Examination, State
Department of Education, for a term ending July 1, 1951, and
until his successor is appointed and qualified; vice, re-
appointment.
Doctor Howard B. Goodrich, Hannibal, Missouri, Repub-
lican, as a member of the State Board of Medical Examiners,
Division of Registration and Examination, State Department
of Education, for a term ending July 1, 1951, and until his
successor is appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 8, 1047
From th& Journal of the Senate, p* Z878
OFFICE, STATE OF MISSOURI, JBJFFMKSON CITY,
July 8, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Ollin Drennan, Republican, Kirksville, Missouri, as a
member of the State Board of Education, for a term ending
July 1* 1955, and until his successor is appointed and qualified;
vice, reappomtment.
Respectfully submitted,
PHIL M, DONNELLY,
Governor,
520 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STATE
J'ULY 11, 1947
From the Journal of the House of Representatives, pp. 1S97-IS98
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 11, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 117, entitled:
"AN ACT
'To repeal Section 4420 of Article 4, Chapter 31 of
the Revised Statutes of Missouri, 1939, relating to the
punishment of persons for wife or child abandonment and
for failure or refusal to support children, and to enact a
new section in lieu thereof, relating to the same subject,
to be known as Section 4420."
On July 11, 1947, I approved said House Bill No, 117.
I have approved House Bill No. 117 although this bill
is not enrolled in accordance with the record as shown by the
Journal of the House,
When the bill was originally introduced in the House it
did not contain the words in Section 4420, page 2, lines 22 to
25, inclusive, to-wit:
"and it shall be no defense to such charge that some per-
son or organization other than the defendant has fur-
nished food, clothing* lodging, medical or surgical atten-
tion for said wife, child or children/*
It did include in lines 25 to 29, inclusive* the words:
"and he or she shall, upon conviction* be punished by
imprisonment in the county jail not more than one year,
or by fine not exceeding one thousand dollars ($1,000) or
by both such fine and imprisonment/*
On page 387 of the House Journal of th© Sixty-fourth
General Assembly* House Committee Amendment No. 2 was
GOVERNOR PHIL M. DONNELLY 521
reported by the committee, which amendment struck out the
above words:
"and he or she shall, upon conviction, be punished by
imprisonment in the county jail not more than one year,
or by fine not exceeding one thousand dollars ($1,000.00)
or by both such fine and imprisonment"
and inserted in lieu thereof the following:
"and it shall be no defense to such charge that some per-
son or organization other than the defendant has fur-
nished food, clothing, lodging, medical or surgical atten-
tion for said wife, child or children."
On page 480 of the Journal of the House of the Sixty-
fourth General Assembly the record shows that House Com-
mittee Amendment No. 2 was adopted. However, in perfect-
ing the bill the above words, pertaining to the penalty which
were stricken out by House Committee Amendment No. 2,
were left in the bill which words are:
"and he or she shall, upon conviction, be punished by
imprisonment in the county jail not more than one year,
or by fme not exceeding one thousand dollars ($1,000.00)
or by both such fme and imprisonment/'
In lines 21 and 22 on page 2 of the Truly Agreed To and
Finally Passed House Bill No. 117 it states "then such person
shall be deemed guilty of a misdemeanor,0 No doubt the
House Committee deemed this language sufficient because the
general statute states what the punishment shall be for a
person found guilty of a misdemeanor and for that reason the
specific provision for the punishment was stricken out of the
original House Bill No* 117 by House Committee Amendment
No, 2, In perfecting the bill the specific punishment was
again included in the bill
In view of the fact that the record is correct on this bill
and the further fact that there is no conflict in the punishment
provided for in this bill, I have approved the bill*
Respectfully submitted,
PHIZ, M, DONNELLY,
Governor,
522 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STA TE
JtJLY 11, 1947
the Jowrn&l of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 11, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 289, entitled:
"AN ACT
'To amend an act of the 63rd General Assembly
known as Senate Bill No. 349, approved May 3, 1946,
relating to the creation and establishment of a depart-
ment of public health and welfare, by inserting immedi-
ately following Section 10 of said act, nine new sections
relating to the institutions under the control of the de-
partment of public health and welfare, the maintenance
of actions in court in behalf of the institutions, the right
of eminent domain of the institutions, the furnishing of
living quarters to employees of the, institutions, the food
furnished to persons other than employees, the mistreat-
ing of persons in the institutions, the furnishing of dis-
eased or unfit foods and meats to patients, the aiding of
escape of state wards in the institutions, and the employ-
ment of physicians by relatives of persons committed to
such institutions* to be known as Sections 10a» 10b, IQe,
lOd, lOe, lOf, IGg, lOh, and 101."
On July 11, 1947, I approved said House Bill No. 280,
I call attention to Section lOa on page 2. Section lOa
purports to be a copy of Section 9306, Revised Statutes of
Missouri, 1939, except that the words "eleemosynary Institu-
tion*1 are changed to read "department of public health and
welfare*' and other corrective changes are made.
However, in line 9 after the word "institution1* and be-
fore the word "on" several words have been omitted. Said
omitted words being "from the time when the cause of action
GOVERNOR PHIL M. DONNELLY 523
accrued. In actions for any indebtedness, or for any damages
due the institution." It is my opinion that said words or
similar language should be inserted in Section lOa in line 9
after the word "institution" and before the word "on" in order
to make said sentence read correctly.
Respectfully submitted,
PHIL M- DONNELLY,
Governor.
TO THE SECRETARY OF STATE
'JULY 11, 1947
From the Journal of the House of Representatives, pp. 1404-1405
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 11, 1947.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 295, entitled:
"AN ACT
"To establish funds in the state treasury for the
state hospitals, state school, and state sanatorium ; to pro-
vide a revolving fund for each such institution, that
charges to pay patients be uniform between certain of the
institutions, that the department of revenue shall collect
sums due such institutions, and that patients may be
returned to counties not remitting for their maintenance/*
On July 11, 1947, I approved said House Bill No* 295-
I call attention to the fact that in Section 1, line 5, after
the word "Whenever" and before the word "any" the word
"under" apparently has been omitted. Said word "under"
appeared in Section 9365, Revised Statutes of Missouri, 1939,
from which this part of Section 1 of House Bill No* 295 was
copied.
Respectfully submitted,
PHIL M. DONNELLY*
Governor*
524 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 11, 1947
From the Journal of the Senate, p. 1276
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 11, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Harry L. Stover, 1248 West 61st Street Terrace, Kansas
City, Missouri, as a member of the Missouri State Board of
Accountancy, Division of Registration and Examination, State
Department of Education, for a term ending five years from
the time of his appointment and qualification and until his
successor is duly appointed and qualified; vice, F. G* Buenger,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
JO THE SECRETARY OF STATE
JULY 22, 1947
From th* JwnwU of the Smat$> pp»
E3c»cuTiv» Offid, STAT» OF MISBOUEI, tftormsoN Crrv,
July 322, 1047,
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Committee Substitute
for Senate Bill No- 79, entitled:
GOVERNOR PHIL M. DONNELLY 525
"AN ACT
"To provide for the settlement of jurisdictional labor
disputes and disputes over labor representation; to pro-
hibit jurisdictional strikes, sympathy strikes, secondary
boycotts and strikes against government and to provide
penalties for violation, of this act; to require and regulate
elections among members of labor organizations with re-
spect to any strike; to provide for the enforcement of
working agreements or contracts between employers and
labor organizations; to provide for the enforcement of the
provisions of this act, and to provide for the payment of
expenses for administration of this act."
On July 22, 1947, 1 approved said Senate Committee Sub-
stitute for Senate Bill No. 79.
I call attention to Section 1, line 9, page 2, where reference
is made to "Section 8 of this act." This reference should be
to Section 7 of this act. In the original Senate Committee
Substitute for Senate Bill No. 79 the original Section 8 was
renumbered on perfection to Section 7, as one section was
stricken from the bill on perfection by the adoption of Senate
Amendment No, 4 striking out original Section 3, and the
remaining sections were renumbered.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
JULY 24, 1947
From th$ Journal of th& Hou$$ of H$pr®mnt&1&o&89 pp»
EXBCUTIVB QFHCB, STATU or MXSSQUEX, JMTTOSON CITY,
July 24, 1&47.
To the Secretary of State of the State of Missouri;
Sir; I hand you herewith House Bill No, 105f entitled:
526 MESSAGES AND PROCLAMATIONS OF
"AN ACT
/'Authorizing, defining and regulating the practice of
the operative procedures of dental hygiene by duly li-
censed dental hygienists under the supervision of qualified
dentists; providing for the administration of the Act by
the Missouri Dental Board, and prescribing penalties for
violation of the Act."
On July 24, 1947, I approved said House Bill No. 105.
I wish to call attention to the following:
On page 4, Section 8, lines 3, 4, and 5 it provides that the
registrant shall pay to the Board the sum of two dollars as
an annual license fee, etc.
Senate Bill No. 110 enacted by the Sixty-fourth General
Assembly repealed and reenacted certain sections of Chapter
64, Revised Statutes of Missouri, 1939, relating to the State
Board of Dental Examiners. Section 10064 of Senate Bill No,
110, lines 30 to 35, inclusive, provides:
"All monies collected under the provisions of this
chapter shall be payable to and collected by the Division
of Collection in the Department of Revenue and shall be
deposited in the state treasury to the credit of the dental
board fund which is hereby established/*
The above provision in Section 8 of House Bill No* 105
conflicts with the above provision in Section, 10064 of Seriate
Bill No* 110, However, from a practical standpoint I believe
these two bills can be reconciled until House Bill No* 105 has
been corrected.
In House Bill No. 105 there is a provision in Section 13
on page 7 as follows:
'The monies coming to the Board by virtue of thii
Act shall be collected, kept and deposited* and placed in
the state treasury to the credit of the same fund, as is
provided for in Revised Statutes of Missouri! 1939* Chap*
ter 64* and amendments thereto, with respect to the
monies coming to the Board by virtue of that Chapter-11
(Underscoring mine,)
GOVERNOR PHIL M. DONNELLY 527
As the Missouri Dental Board has the administration of
House Bill No. 105, I believe the license fees referred to in
Section 8 of House Bill No. 105 can be collected by the Divi-
sion of Collection in the Department of Revenue, by desig-
nating the secretary of the Missouri Dental Board as a deputy
of the Revenue Department for the purpose of collecting the
license fees and paying the same into the State Treasury as
provided for in Senate Bill No. 110.
There is a provision in House Bill No. 105 in Section 5
that may be found difficult to handle from a practical stand-
point. In lines 17 to 20 of Section 5 it states:
"Provided that in the event any applicant is found
by the Board to be ineligible to take the examination
twenty (20) dollars of the twenty-five (25) dollars fee shall
be returned to the applicant/'
Under the revenue law and the Constitution, all fees and
licenses arc to be promptly paid into the State Treasury. I do
not think the Board has any authority to hold the applicant's
fee until it is determined whether or not the applicant is
ineligible to take the examination, Said proviso does not
state whether it is the Dental Board or the General Assembly
which is to return the twenty dollars to the applicant, It
implies that it is the Dental Board* However, I believe this
provision can be made workable by a rule adopted by the
Missouri Dental Board.
I am approving this bill, but 1 suggest that it be corrected
at the next session of the General Assembly so that it will
comply with the law pertaining to the collection, of license fees.
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
528 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 31, 1947
From tke Journal of the Senate, p. 138$
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
'July 31, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
William J. Studt, Republican, 3910 Sullivan, St. Louis,
Missouri, as a member of the Board of Election Commissioners
for the City of St. Louis, Missouri, for a term ending June
14, 1949, and until his successor shall be appointed and quali-
fied; vice, George P. Utter, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
TO THE SENATE
AUGUST 18, 1947
From tk$ Jcwmcd of th$ $$mt$t p<
EXECUTIVE OFFICE, S? AT® OF MISSOURI, JEFFTOSON
August 18, 1047,
To the Senate of the 64th General Assembly of the Stajfe <?/
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
W, Robert Evans, Republican* 000 West 89th Street*
Kansas City* Missouri, as a trustee of the State Board of
GOVERNOR PHIL M. DONNELLY 529
Training Schools, Division of Educational Institutions, De-
partment of Corrections, for a term of six years from the 18th
day of August, 1947, and until his successor is appointed and
qualified; vice, John Thornberry, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 25, 1947
From the Journal of the Senate, p. IS 8 4
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEKSON CITY,
August 25, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
1 have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor George L. Hale» Sikeston, Missouri, as a member
of the Slate Board of Optometry, Division of Registration and
Examination, State Department of Education, for a term
ending five years from the time of his appointment and quali-
fication and until his successor shall be appointed and quali-
fied; vice, Gus W* Sherman* term expired.
Respectfully submitted,
PHIL M* DONNELLY,
Governor,
530 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
SEPTEMBER 22, 1947
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 22, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office;
P. M. Marr, Democrat, Milan, Missouri, as a member of
the Board of Regents for the Northeast Missouri State Teach-
ers College, Kirksville, Missouri, State Department of Edu-
cation, for a term ending January 1, 1949, and until his suc-
cessor is duly appointed and qualified; vice, Charles W. Shelton,
deceased*
Respectfully submitted,
PHIL M. DONNEIXY,
Governor,
TO THE SEN ATE
SEPTBMBra 22, 1947
From the Jwrnal of th$ S#n&t$» p*
OFFICE, STATJB OF MISSOURI, Smpwmw Cmt
Siptembw 22, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to offices
Russell W, Gabriel, Democrat, 410 North River, Inde-
pendance, Missouri, as a member and Chairman of the Botrd
GOVERNOR PHIL M. DONNELLY 531
of Election, Commissioners for Jackson County, Missouri, for
a term ending February 6, 1950, and until his successor shall
be appointed and qualified; vice, Ernest W. Cooper, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
SEPTEMBER 23, 1947
From tk$ Journal of the Senate, p, IS 8 5
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 28, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J* Doyle Norris, St. Joseph, Missouri, as a member of the
Board of Pharmacy, Division of Registration and Examina-
tion, State Department of Education, for a term ending Aug-
ust 10, 1052, and until his successor is duly appointed and
qualified; vice, reappointment
Respectfully submitted,
PHIL M. DONNELLY*
Governor.
532 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
OCTOBER 13, 1947
From the Jo'wmal of the Senate, p. IS 86
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 13, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
R. Robert Cohn, 310 East 67th Street, Kansas City, Mis-
souri, as a member of the Board of Police Commissioners for
Kansas City, Missouri, for a term ending four years from the
time of his appointment and qualification and until his suc-
cessor shall be appointed and qualified; vice, Lowell R, John-
son, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
GCTOBEB IS, 1947
From the Jawrnal of th& Smate, p*
EX3BCUTIVB OFHCU, STATI OF MISSOURI, JUFFEESON €n%
October IS, 1947*
To the Senate of the 64th General Assembly of the Stale of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor James M« Hern, Columbia, Missouri Republican
as a member of the State Board of Chiropody, Diviiion of
GOVERNOR PHIL M. DONNELLY 533
Registration and Examination, State Department of Educa-
tion, for a term ending July 1, 1948, and until his successor
is duly appointed and qualified; vice, Doctor C. Milton Stew-
art, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 24, 1947
From the Journal of the Senate, p. IS 87
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
Octolxir 24, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Mrs, Olive J. Decatur, 1131 Sherman, Springfield, Mis-
souri, as a member of the Board of Curators of Lincoln, Uni-
versity of Missouri, State Department of Education, for a term
exxding January 1, 1950, and until her successor is duly ap-
pointed and qualified; vice, C, C. Hubbard, deceased.
Respectfully submitted,
PHIL M* DONNELLY,
Governor*
534 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
OCTOBER 25, 1947
From the Journal of the Senate, pp. 1S87-1S88
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 25, 1947.
To the. Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Vance Julian, Clinton, Missouri* as Chairman and a mem-
ber of the State Board of Mediation, Department of Labor
and Industrial Relations, for a term ending three years from
October 25, 1947, and until his successor is duly appointed
and qualified.
Charles W. Boutin, Cape Girardeau, Missouri, as a mem-
ber of the State Board of Mediation, Department of Labor
and Industrial Relations, an employer of labor, for a term
ending two years from October 25, 1947, and until his suc-
cessor is duly appointed and qualified.
Gerald H. Frieling, 215 East 74th Street, Kansas City,
Missouri, as a member of the State Board of Mediation, De-
partment of Labor and Industrial Relations, an employer of
labor, for a term ending one year from October 25, 1947, and
until his successor is duly appointed and qualified*
Carl Mitchell, 14 Ponca Trail, Kirkwood, St. Louis
County, Missouri, as a member of the State Board of Media-
tion, Department of Labor and Industrial Relations* an em-
ployee holding membership in a labor union, for a term ending
two years from October 25, 1947, and until his successor is
duly appointed and qualified*
John Alvm White, 2501 Sylvaaia Street, St, Joseph* Mis-
souri, as a member of the State Board of Mediation Depart*
mant of Labor a ad Industrial Relations, an employe® holding
membership in a labor imion, for a term ending one year from
GOVERNOR PHIL M. DONNELLY 535
October 25, 1947, and until his successor is duly appointed
and qualified.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
OCTOBER 28, 1947
From the Journal of the, Senate, p. IS 88
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON CITY,
October 28, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
George M. Reed, Waynesville, Pulaski County, Missouri,
as State Service Officer, for a term of four years and until his
successor is duly appointed and qualified; vice, Roy F. Sea-
man* term expired.
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
TO THE SENATE
NOVEMBER 26, 1047
th$ Jmrncd of the S$mte» $p* t$B8~l$89
&t STATE OF MISSOURI, JEFFERSON CITY,
November 26, 1947,
To the Senate of the 64th General Assembly of the State of
I have the honor to transmit to you herewith for yotir
consent tad approval the following appointments to office:
536 MESSAGES AND PROCLAMATIONS OF
Walter E. Bryan, professional engineer, 5915 De Giver-
ville, St. Louis, Missouri, as a member of the State Board of
Registration for Architects and Professional Engineers, Divi-
sion of Registration and Examination, State Department of
Education, for a term ending October 29, 1953, and until his
successor is appointed and qualified; vice, reappointment.
John M. Schaper, architect, Jefferson City, Missouri, as
a member of the State Board of Registration for Architects
and Professional Engineers, Division of Registration and Exam-
ination, State Department of Education, for a term ending
October 29, 1953, and until his successor is appointed and
qualified; vice, reappointment.
William M- Spann, professional engineer, 230 West 70th
Street, Kansas City, Missouri, as a member of the State Board
of Registration for Architects and Professional Engineers, Divi-
sion of Registration and Examination, State Department of
Education, for a term ending six years from the time of his
appointment and qualification and until his successor shall be
appointed and qualified; vice, Arthur W, Archer, terax
expired.
I designate Bruce Williams, professional engineer, Joplin,
Missouri, who is now a member of the State Board of Regis-
tration for Architects and Engineers, Division of Registration
and Examination, State Department of Education, us Chair-
man of said Board.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 537
TO THE SENA TE
NOVEMBER 26, 1947
From the Journal of the Senate, p. 1389
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
November 26, 1947.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor John A, Brunner, Route 4, Oak Hill Gardens,
North Kansas City, Clay County, Missouri, as a member of
the Missouri Dental Board, Division of Registration and Ex-
amination, State Department of Education, for a term ending
five years from the time of his appointment and qualification
and until his successor shall be appointed and qualified; vice,
Charles W* Keeling, term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
NOVUMSUK 20, 1947
From t&f Jounml of th&
Bx®cimvn OFF jo, STATB OF Mi&soxmi, JOT&HSQN CITY,
November 20, 1047.
To the Senate of the 64th General Assembly of the State of
Missouri;
1 have the honor to transmit to you herewith for your
co&seat and approval the following appointment to office;
538 MESSAGES AND PROCLAMATIONS OF
Charles F. Lamkin, Jr., Democrat, 647 West 59th Street,
Kansas City, Missouri, as a member of the State Board of
Education, for a term ending July 1, 1950, and until his suc-
cessor is appointed and qualified; vice, James E. Nugent,
deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE GENERAL ASSEMBLY
JANUAEY 7, 1948
From the Jowrnal of the Howe of R$pr&8$ntative8f pp.
To the Senate and House of Representatives of the Sixty~fourth
General Assembly:
Before this General Assembly recessed on July 14, 1947f
appropriations were made for the period beginning July, 1947,
and ending June 30, 1948, for the purpose of providing funds
for the support of the State government.
Since these appropriations were made events and circum-
stances beyond our control have made some of them totally
inadequate. Further, laws were enacted requiring the ex-
penditure of funds for which no appropriations were made*
Also, certain programs which operate under constitutional
and statutory mandate are affected and require additional
appropriations-
It is therefore my duty to come before you today to
recommend that supplemental and additional appropriations
be made for the remainder of the current fiscal year in order
that certain institutions and departments of the State gov-
ernment may continue to function and that appropriations
for emergencies be enacted*
With these purposes in mind I wish to submit the follow*
ing information and to make suggestions and recommendations:
It is generally known there has been an mereata in ifat
cost of food, clothing, grain, coal, freight rates, and other com-
GOVERNOR PHIL M. DONNELLY 539"
modities. This increase has been and is a serious problem in
the operation of certain institutions of the State government.
The cost of food at the State Hospitals has increased thirty-
five to forty-five per cent within the past twelve months. In
1946 corn was $1.52 per bushel and now it is $2.85 per bushel.
In 1946 oats were 85 cents per bushel and now $1.35 per
bushel. In 1946 denim was 25 cents per yard and now it is
45 cents per yard. Unbleached muslin was 18 cents per yard
and now it is 35 cents per yard. Bleached muslin was 22
cents per yard and now it is 40 cents per yard. All of these
articles are essential and necessary in the operation of the
State Hospitals. Similar comparisons of increased cost can
be made of numerous other articles.
There were garden failures at all the Hospitals during
the past summer. This was due to excessive rains and adverse
weather conditions in the early part of the season and later
to the long drouth period. The Hospitals depend to a large
extent on their gardens for green vegetables in season and for
canning for winter consumption*
For instance, at Hospital No. 1, Fulton, in 1946 seventeen
thousand gallons of tomatoes were canned. In 1947 no toma-
toes were canned* The Hospitals have endeavored to recoup
their garden losses by canning donated sweet potatoes and in
the purchase of apples but even so they are short of fruit and
vegetables necessary for a balanced diet.
In past years the Hospitals received a considerable amount
of government donated commodities, but they have not re-
ceived such commodities to any great extent during the cur-
rent fiscal year. In 1940, for example, they received many
carloads of potatoes for the cost of the freight alone. In 1947
they had to purchase potatoes at the increased market prices.
During the war the Hospitals depleted their storeroom
supplies but they had hoped to replenish needed supplies after
the war. They have been prevented from doing this by the
continual rise in prices* Consequently, in addition to their
present needs they again should build tip a stock of items
such as sheets* pillow cases, towels, winter clothing, soap,
chemicals, drugs, and other necessary articles,
For the above reasons, a supplemental appropriation of
f 297fG00,00 from General Revenue for Operation for the re-
540 MESSAGES AND PROCLAMATIONS OF
maiixing period of the fiscal year for the following institutions
is recommended:
State Hospital No. 1, Fulton $ 70,000.00
State Hospital No. 2, St. Joseph 68,000.00
State Hospital No. 3, Nevada 58,000.00
State Hospital No. 4, Farmington 51,000.00
Missouri State School, Marshall and
Carrollton 50,000.00
$297,000.00
I am informed that an additional appropriation of $1,~
000.00 for Operation will be needed at the Confederate Home
at Higginsville for the current fiscal year ending June 30, 1948.
The Department of Corrections is confronted with the
same problem of increased prices in the purchase of food and
commodities as is experienced by the State Hospitals. For
instance, stoker coal was $2.15 per ton in November, 1946,
It has increased in price until now it is $4,00 per ton* During
the past six months approximately fifteen thousand tons of
coal have been used and paid for out of current funds, On
this price basis for the next six months there will be au increase
in the cost of coal of $18,750.00. In November, 1940, flour
was $4,55 per hundred weight. It is now $7.00 per hundred
weight. Approximately 288,500 pounds of flour were used
during the period of July 1 to December 31, 1947. Numerous
other examples of the increased cost of food and commodities
could be given*
There was a complete loss of vegetable, grain, and hay
crops on the farms and land under the supervision of the
Department of Corrections on account of the floods in June,
1947, This loss was estimated at $250,000,00 and lias been
continuously and keenly felt when food and commodity items
to replace these losses are purchased at current inflationary
prices. It was necessary to expend for cabbage, onions* toma-
toes, corn, and other vegetables approximately $27»Q00«QQ since
July, 1947, It will be necessary to continue to buy vegetables
until the 1948 crop* The same is true as to the grain and
hay crops*
Therefore, because of the devasting floods, the drouth
that followed the floods, and the increase in the current prices
GOVERNOR PHIL M. DONNELLY 541
of food, clothing, grain, coal, and other commodities, a supple-
mental appropriation of $125,000.00 for Operation from Gen-
eral Revenue for the Department of Corrections will be needed
for the State Penitentiary and the sum of $30,000.00 for Opera-
tion from General Revenue will be needed by the Intermediate
Reformatory — Algoa, for the remainder of the current fiscal
year.
The State Board of Training Schools states that on ac-
count of the increased cost of operation it is necessary to have
an, additional appropriation of $25,000.00 from General Reve-
nue for Operation at the Training School for Boys for the
remainder of the current fiscal year.
The appropriation for Operation of the Division of Public
Buildings in the Department of Revenue was $65,000.00 for the
current fiscal your, There is an unencumbered balance in this
fund, as of December 31, 1947, of $35,265.00. However, con-
sidering the increase in the price of coal, fuel, oil, freight, and
necessary supplies, it is estimated that an additional sum of
$16,000.00 will be required for the remainder of the current
fiscal year,
I am advised by the Director of the Division of Public
Buildings that the roof on the Capitol Building has deteri-
orated to such an extent that there are a number of leaks in
various parts of the roof. The flashing is in bad condition,
which will necessitate new flashing at the wall line all along
the building. A large part of the copper roof should be re-
placed and the remainder re-soldered* The Director of the
Division of Public Buildings has estimated that an appropria-
tion of $17,500.00 should be made for repairing the roof of
the Capitol Building-
This General Assembly enacted legislation authorizing in-
creases in the salaries of the judges and commissioners of the
Supreme and Appellate Courts, and the members of, and the
general counsel and secretary to the Public Service Commis-
sion* An additional appropriation to pay these increases in
salary, for the remainder of the fiscal year ending June 30,
1948* is recommended as follows:
Salaries of Judges of the Supreme Court.
Salaries of Commissioners of the Supreme
Court, ....... ........ . ____ . ..... . . 9,700,00
542 MESSAGES AND PROCLAMATIONS OF
Salaries of Judges of the Kansas City Court
of Appeals 14,850.00
Salaries of Commissioners of the Kansas
City Court of Appeals 3,233.34
Salaries of Judges of the Springfield Court
of Appeals 4,850.00
Salaries of Judges and Commissioners of
the St. Louis Court of Appeals 8,083.34
Salaries of five Commissioners on the Pub-
lic Service Commission 6,062*50
Salary of General Counsel to the Public
Service Commission 1,212.50
Salary of Secretary to the Public Service
Commission 450.00
This General Assembly enacted Senate Committee Sub-
stitute for Senate Bill No. 79, entitled;
"An Act to provide for the settlement of jurisdictional
labor disputes and disputes over labor representation; to
prohibit jurisdictional strikes, sympathy strikes, second-
ary boycotts and strikes against government and to pro-
vide penalties for violation of this act; to require and
regulate elections among members of labor organizations
with respect to any strike; to provide for the enforcement
of working agreements or contracts between employers
and labor organizations; to provide for the enforcement
of the provisions of this act, and to provide for the pay-
ment of expenses for administration of this act.1*
However, funds were not appropriated by the Camera!
Assembly for the payment of the expenses of administering
this act.
The Industrial Commission has received requests to con*
duct a large number of strike elections under the provisions
of this act. It will be necessary to employ a staff* rent offlca
space, buy office equipment and supplies, in addition to the
expense of operation. It is estimated there will be needed tha
sum of $60»<XK).0Q to administer this law for the period ending
June 30, 1948.
The Supreme Court in construing an act of the Sixty-
third General Assembly, Laws of Missouri* 1946, page 807*
GOVERNOR PHIL M. DONNELLY 543
providing for magistrate courts within cities of more than
600,000 inhabitants, ruled that the State shall pay the salaries
of a chief clerk and two deputy clerks for the magistrate
court of the City of St. Louis. The appropriation for the
current fiscal year does not provide for these salaries. The
salaries for these officers for the current fiscal year are: Chief
Clerk $5,000.00, 2 deputies, $2,400.00 each, making a total of
$9,800.00. '
Also, there should be an appropriation to pay the salary
of the chief clerk of the magistrate court of the City of St.
Louis for the period of four (4) months ending June 30, 1947,
of $1,666.66; and for the salary of one deputy clerk for two
months, $400,00, making a total of $2,066.66.
Senate Bill No. 94 of the Sixty-fourth General Assembly
provides that the State shall pay the premiums on the bonds
of the clerks of the magistrate courts. However, no appro-
priation was mudc for ihm purpose. It is recommended that
the sum of $1,000.00 be appropriated to pay such premiums.
In regard to the salaries of special magistrates, the Attor-
ney General has ruled that the provisions in Section 10a» page
77 1» Laws of Missotiri 1945, for charging salaries and expenses
of special magistrates against the salary of the regular magis-
trate, does not apply to probate judges who act as magistrates
ia counties of 30,000 or less population, but that the regular
probate judge and ex~officio magistrate in such counties should
receive the full pay regardless of the amount paid to a special
probate judge and ex-officio magistrate* The present appro-
priation is for the exact amount needed to pay the regular
probate judges and ex-officio magistrates as provided by law.
Unless an additional appropriation is made for special magis-
trates, there will not be sufficient funds to pay the regular
probate judges and ex-officio magistrates for the entire year*
I call your attention to the fact that an additional appro-
priation will be required to pay the State's part of the cost
of assessing and collecting the revenue* The total amount
of claims due the counties and the City of St. Louis is un-
known at this time*
There was appropriated for the current fiscal year, charge-
able to th© General Revenue Fund, the sum of J14,000,(X> to
pay the saverai counties for wolf bounties. This General
544 MESSAGES AND PROCLAMATIONS OF
Assembly increased the amount that a county court may pay
for wolf bounties. Claims approved and charged against the
current appropriation to December 31, 1947, amount to $9,-
653.50, leaving a balance in the appropriation of $4,346.50.
However, it is estimated that an additional sum of $12,000,00
for this purpose will be required for the remainder of the cur-
rent fiscal year.
The appropriation for the current fiscal year for the appre-
hension of criminals was $15,000.00. Payments during the
first half of the current fiscal year were approximately thirty
per cent higher than the first half of the fiscal year 1946-1947,
Assuming that payments will continue at the same rate, an
additional sum of $4,500.00 will be required for the remainder
of the current fiscal year.
There was appropriated for the current fiscal year, out of
the State Highway Department Fund, the sum of $lf050»-
000.00 for the purpose of paying gasoline tax refunds as pro-
vided by law* Claims approved and charged against this
appropriation to December 31, 1947, amount to $853,348,39,
leaving a balance of $196,651.61. It is estimated that claims
for gasoline tax refunds for the balance of the fiscal year will
amount to $758,000.00, In order that such claims may be
paid, as provided by law, I recommend an additional appro-
priation of $562,000.00, chargeable to the State Highway
Department Fund,
Appropriations for the current fiscal year for old age
assistance and aid-to-dependent children are not sufficient to
meet in full the needs of persons eligible for assistance under
these programs* Old age assistance recipients are now being
paid on the basis of ninety per cant of the amount to which
they are entitled under the law, and aid*todepandent child? en
recipients receive sixty-six and two4hirds per cent of the
amount to which they are found to be eligible from aid-to*
dependent children funds, The Federal government partic*
ipates financially in both of these programs, meeting approxi-
mately fifty-eight per cent of total old aga assistance expendi-
tures and paying about sixty per cent of the total costs for
aid4o-dependent children* Reductions have been made In
the grants of the recipients under these two Federal-State pro-
grams since July* 1847*
GOVERNOR PHIL M. DONNELLY 545
I recommend that this General Assembly authorize by
resolution the payment of grants in full, effective January 1,
1948, for both old age assistance and aid-to-dependent chil-
dren and that additional funds be appropriated by this Gen-
eral Assembly prior to its adjournment to provide for the
amount which will be needed to meet the deficit which would
be incurred through payment of full grants.
The Federal government will make available Federal
funds to meet the government's share of the- amounts deducted
from the assistance checks for both aid-to-dependent children
and old age assistance for two months prior to January, 1948,
namely: the months of December and November, 1947, if
this supplemental payment is authorized in January, 1948.
I believe that this General Assembly should give serious con-
sideration to authorizing the payment to each recipient of the
amounts deducted from the checks for November and Decem-
ber, 1947,
Since the Federal government will match payments for
November and December, 1947, if the payment is authorized
in January, 1948, it is my belief that the State should take
advantage of the amounts that are available from the Federal
government and provide State funds by resolution in Jan-
uary to compensate those on old age assistance and aid-to-
dapendent children rolls for the amounts deducted from their
checks for those two months*
Unemployable persons on general relief rolls in Missouri
are being paid on the basis of fifty-two per cent of the amount
which it has been determined they require to meet minimum
subsistence needs, Parsons on general relief are entirely un-
employable, consisting of the crippled, the sick, and otherwise
destitute who have no possibility of earning their livelihood.
I recommend that the General Assembly appropriate addi-
tional funds for the remainder of the current fiscal year to
pay grants to unemployable persons on relief rolls on a basis
of decency and health as provided by State law.
I am advised by the State Veterinarian that it may be
necessary to enforce strict quarantine measures to protect the
live itock industry of Missouri if the foot and mouth disease
in cattle should spread to this country.
Aecordi&g to recant reports it would appear that all efforts
of the American and Mexican authorities have failed to eradi-
546 MESSAGES AND PROCLAMATIONS OF
cate this disease. If the disease is permanently established on
Mexican soil it will mean that the United States will have to
enforce rigid quarantine measures if we are successfully to pre-
vent the infection from entering this country. It is not nec-
essary for us to become unduly alarmed about this matter
to appreciate its serious nature. We must take cognizance of
the fact that many American citizens travel to Mexico by
automobile and plane, and even though precautions are taken
the virus may find its way into our country. We cannot
afford to temporize with this disease.
In view of the large live stock industry in Missouri, I
suggest that the General Assembly give serious consideration
to an emergency appropriation of $100,000.00 to bo used in
the event we are called upon to take action. I am informed
that a number of states already have set aside funds for this
purpose.
The recommendations that I have made today cover only
supplemental, additional, and emergency appropriations for
the remainder of the current fiscal year. If in addition to the
regular appropriation measures, the recommendations sub-
mitted in this message, and legislation which is pending and
under consideration, the General Assembly has time to con-
sider new legislation I will have recommendations to submit
for its consideration*
Again I assure the members of the General Assembly of
my cooperation in your efforts to serve the State,
PHIL M* DONNELLY*
Governor-
January 7, 1948.
GOVERNOR PHIL M. DONNELLY 547
TO THE SENATE
JANUAEY 13, 1948
From the Journal of the Senate, pp. 1410-14.11
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
January 13, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
On May 21, 1947, I appointed William J. Studt, Republi-
can, as a member of the Board of Election Commissioners
for the City of St. Louis, Missouri, for a term ending June
14, 1949; vice, George P. Utter, resigned. Mr. Studt' s resi-
dence address at that time was 3910 Sullivan, St. Louis,
Missouri.
His appointment was not acted upon by the Senate at
the time of its recess on July 14, 1947.
Thereafter, on July 31, 1947, I appointed William J,
Studt, Republican, as a member of the Board of Election
Commissioners for the City of St Louis, Missouri, for a term
ending June 14, 1949; vice, George P. Utter, resigned. His
residence address at that time was 3910 Sullivan, St. Louis,
Missouri. A commission was issued to Mr. Studt.
I am advised by Mr. Studt that since his appointment
July 31, 1947, he has moved from 3910 Sullivan Avenue to
4144 St. Louis Avenue and that his residence address uow is
4144 St* Louis Avenue, St Louis, Missouri*
Respectfully submitted,
PHIL M* DONNELLY,
Governor.
548 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JANUAKY 20, 1948
From the Jowrnal of the Senate, p.
EXECUTIVE OFFICES, STATE OF MISSOURI, JBFFEESON CITY,
January 20, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
John J, Powers, Democrat, 6250 Westminster Place, St.
Louis, Missouri, as a member of the State Highway Commis-
sion, for a term ending December 1, 1953, and until his suc-
cessor is duly appointed and qualified; vice, reappointment*
John C. Harlin, Republican, Gainesville, Missouri, as a
member of the State Highway Commission, for a term ending
six years from the time of his appointment and qualification
and until his successor is duly appointed and qualified; vice,
E. N. Meador, term expired*
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JAKUJJBY 20» 1048
From th& Jowrnal of the
OFFICE, Sims OF Miisoum, Jmrnrnw Cm,
January 20, 1948-
To the Senate of the 64ih Geneml A$$embly o/ ffte State of
I have the honor to transmit to you herewith lor your
consent and approval the following appointments to office:
GOVERNOR PHIL M. DONNELLY 549
Preston N. Cook, Democrat, Moixett, Missouri, as a mem-
ber of the State Commission of Resources and Development,
Department of Business and Administration, for a term end-
ing six years from the time of his appointment and qualifica-
tion and until his successor is duly appointed and qualified;
vice, W. P. Keltner, term expired.
Uel W. Lamkin, Democrat, Maryville, Missouri, as a
member of the State Commission of Resources and Develop-
ment, Department of Business and Administration, for a term
ending six years from the time of his appointment and quali-
fication and until his successor is duly appointed and qualified;
vice, Bert Cooper, term expired.
M, R. Rowland, Democrat, Caruthersville, Missouri, as
a member of the State Commission of Resources and Develop-
ment, Department of Business and Administration, for a term
ending November 21, 1953, and until his successor is duly
appointed and qualified; vice, reappomtment,
Herman M. Haag, Republican, Columbia, Missouri, as a
member of the State Commission of Resources and Develop-
ment, Department of Business and Administration, for a term
ending November 21, 1951, and until his successor is duly
appointed and qualified; vice, Allen P. Green, Jr., resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
FteBUABtf 3, 1948
From the /<mntol of the Senate, #. 18QX
Exwmxvi 0mc», STATE OF MIS&CWBI, JBFITOSON Cmr,
P«broixy 8, im
To the Senate of the 84th General Assembly of the State of
1 have the honor to transmit to you herewith for your
consent and approval the followiiig appointment to office;
550 MESSAGES AND PROCLAMATIONS OF
Charles A. Miller, Democrat, 20 West 36th Street, Kan-
sas City, Missouri, as a member of the State Tax Commission,
Department of Revenue, for a term ending January 23, 1954,
and until his successor shall be appointed and qualified; vice,
reappointrnent.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE SENATE
FEBRUARY 18, 1948
From th& Journal of the Senate* p*
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITT,
February 13, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri;
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office;
John H, Flanigan, Jr., Republican, Carthage* Missouri,
as a member of the State Board of Education, for a term end*
ing July 1» 1951, and until his successor is appointed and
qualified; vice, John H* Fianigan, Jr., resigned and reap-
pointed.
Respectfully submitted*
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 551
TO THE SENATE
MAKCH 4, 1948
From the Journal of the Senate, pp. 1655-1656
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 4, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Alfred Fleishman, Democrat, 5656 Waterman Avenue,
St. Louis, Missouri, as a trustee of the State Board of Train-
ing Schools, Division of Educational Institutions, Department
of Corrections, for a term ending July 1, 1952, and until his
successor is appointed and qualified; vice, William Wildeboor,
removed by Governor January 30, 1948,
Oren J* Lamb, Republican, Macon, Missouri, as a trustee
of the State Board of Training Schools, Division of Educa-
tional Institutions, Department of Corrections, for a term end-
ing July 1* 1951, and until his successor is appointed and
qualified; vice, Mrs. Mayme H. Ousley, removed by Governor
January 30, 1948.
Francis Smith, Democrat, 2100 Lovers Lane, St. Joseph,
Missouri, as a trustee of the State Board of Training Schools,
Division of Educational Institutions, Department of Correc-
tionsf for a term ending July 1, 1950, and until his successor
is appointed and qualified; vice, Mrs* Tom Stark, removed
by Governor January 30, 1948*
A* B, Cooper, Republican, Charleston, Missouri, as a
trustee of the State Board of Training Schools, Division of
Educational Institutions, Department of Corrections, for a
term ending July 1» 1949f and until his successor is appointed
and qualified; Yice> Fred W, Naeter, removed by Governor
January 30, 1948*
J, S* WUHamion, Democrat Route 4* Columbia, Mis-
as a trustee of the State Board of Training Schools,
552 MESSAGES AND PROCLAMATIONS OF
Division of Educational Institutions, Department of Correc-
tions, for a term ending July 1, 1948, and until his successor
is appointed and qualified; vice, Thomas P. Neill, removed by
Governor January 30, 1948.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MAECH 4, 1948
From the Jowrml of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JBFFBESON CITY,
March 4, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri:
On August 18, 1947, I appointed and commissioned W,
Robert Evans, Republican, 600 West 69th Street, Kansas City,
Missouri, as a trustee of the Stale Board of Training Schools,
Division of Educational Institutions, Department of Correc-
tions, for a term of six years from the 18th day of August,
1947, and until his successor is appointed and qualified; vice,
John Thornberry, term expired, and delivered said appoint-
ment to the office of the Secretary of the Senate on August
18, 1947; the Senate has not acted on said appointment
On January 30, 1948, I removed W. Robert Evans as a
trustee of the State Board of Training Schools and, therefore,
wish to withdraw from your consideration the name of W,
Robert Evans and submit in lieu thereof a new appointment
to the State Board of Training Schools, as follows:
J, John Gillis, Republican, Park Central Hotel, Kansts
City, Missouri! as a trustee of the State Board of Training
Schools, Division of Educational Institutions, Department of
Corrections* for a term ending si% years from the time of hit
appointment and qualification and until his successor is
GOVERNOR PHIL M. DONNELLY 553
pointed and qualified; vice, John Thornberry, term expired;
and vice, W, Robert Evans, removed by Governor January
30, 1948.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 11, 1948
From the Jownal of the Senate, #.
OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 11, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri:
I return to you Senate Bill No* 293, entitled:
"AN ACT
MTo repeal Section 3727, Article 2, Chapter 29, of
the Revised Statutes of Missouri, 1939, as amended by
an act of the 61st General Assembly, found in Laws of
Missouri, 1941, page 718, approved July 28, 1941, relat-
ing to limitation of action under the Workmen's Com-
pensation Act, and to enact a new section in lieu thereof
relating to the same subject matter, to be known as
Section 3727*#l
On March 11, 1948, 1 approved said Senate Bill No, 293,
This bill refers to Article 2 in Chapter 29* There is no
Article 2 in Chapter 29, Revised Statutes of Missouri, 1939*
Retpectfully submitted,
PHIL
Governor*
554 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 15, 1948
From the Journal of the 'Senate, pp. iriQ-1711
EXECUTIVE OFFICE, -STATE OF MISSOURI, JEFFERSON CITY,
March 15, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office;
F. Claude Davis* Jr., 30th and Francis, St. Joseph, Mis-
souri, as a member of the Board of Police Commissioners for
the City of St. Joseph, Missouri, for a term ending February
19, 1951, and until his successor is duly appointed and quali-
fied; vice, reappointment
Respectfully submitted,
PHIL ML DONNELLY,
Governor.
TO THE SENATE
MAKCH 1$, 1948
From th$
EXECUTIVE OFFICE, STATE or MISSOURI, JWFISSON CITY,
March 15, 1948,
To the Senate of the 84th General A$$emMy of the State o/
Missouri:
On August 25, 1947, I appointed and commissioned Doe*
tor George L, Hale, Sikeston* Missouri* as a member of the
State Board of Qptometry, Division of Registration and Ex-
amination, State Department of Education! for a term ending
five years from the time of his appointment and qualification
and until his successor shall be appointed and qualified; vtet»
GOVERNOR PHIL M. DONNELLY 555
Gus W. Sherman, term expired, and delivered said appoint-
ment to the office of the Secretary of the Senate on August
25, 1947; the Senate has not acted on said appointment.
On January 5, 1948, I received and accepted the resigna-
tion of Doctor George L. Hale as a member of the State Board
of Optometry and, therefore, wish to withdraw from your
consideration the name of Doctor George L, Hale and submit
in lieu thereof a new appointment to the State Board of
Optometry, as follows:
Doctor Joseph L. Mosley, Cape Girardeau, Missouri, as
a member of the State Board of Optometry, Division of Regis-
tration and Examination, State Department of Education, for
a term ending five years from the time of his appointment and
qualification and until his successor shall be appointed and
qualified; vice, Gus W. Sherman,, term expired and vice, George
L, Hale, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
TO THE SENATE
MAECH 18, 1948
From th& Journal of th& Sen&U, #*
EXECUTIVES OFFIC»> •STATES OF MISSOURI, JBFFBBSON CITY,
M&ttch 15, 1948*
Honorable Roy IX Miller* Secretary of the Senate, Jqfferson City,
Mmouri:
Dear Senator Miller:
I would appreciate your conveying to the members of
the State Senate my sincere thanks for the Resolution which
they adopted and for the flowers which they sent to me on
the occasion of my birthday.
With best wishes, I am
Sincerely,
PHIL M. DOHNBLLY*
556 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MARCH 22, 1948
From the Jcwmal of the Senate t pp. 1816-1817
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
March 22, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Dewey P. Thatch, Republican, Clinton, Missouri, as a
member of the Board of Regents for Central Missouri State
College, Warrensburg, Missouri, State Department of Educa-
tion, for a term ending January 1, 1951, and until his suc-
cessor is duly appointed and qualified; vice, George Burns,
resigned.
Respectfully submitted,
PHIL M- DONNELLY,
Governor*
TO TEE SENATE
MARCH 25, 1948
From ttw Jwm&t <?/ th* S&n&t4t p*
Owid, STATE or Misnotmi* JwroaaoN CITY,
Hatch 25, 1948*
To the Senate of the 84th General Amembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office;
Frank L* Williams, 4217 Enright Avenue, St. Louis* Mis-
souri, as a member of the Board of Curators of Lincoln Uni-
versity of Missouri, State Department of Education, for a
GOVERNOR PHIL M. DONNELLY 557
term ending January 1, 1954, and until his successor is duly
appointed and qualified; vice, A. Willard Craddock, term
expired.
Earl D, Thomas, 2418 West Paseo, Kansas City, Missouri,
as a member of the Board of Curators of Lincoln University
of Missouri, State Department of Education, for a term end-
ing January 1, 1954, and until his successor is duly appointed
and qualified; vice, J. Edward Perry, term expired.
Carl G. Stifel, 625 South Skinker, St. Louis, Missouri,
as a member of the Board of Curators of Lincoln University
of Missouri, State Department of Education, for a term end-
ing January 1, 1954, and until his successor is duly appointed
and qualified; vice, John W. Evans, term expired.
Canby G. Lord, 4231 Windsor, Kansas City, Missouri,
as a member of the Board of Curators of Lincoln University
of Missouri, State Department of Education, for a term end-
ing January 1, 1950, and until his successor is duly appointed
and qualified; vice, Edward W. Opfer, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
MARCH 2i>, 1948
From th& Journal of th& Senate, pp.
OFFICE, -STATI OF MISSOUBI, JWFURSON Cn%
March 29, 1948,
To the Senate of the 84th General Assembly of the State of
I return to you Senate Bill No. 215, entitled:
4IAN ACT
*To amend Section 8780f Article 3» Chapter 38t Re-
vised Statutes of Missouri, 1039* relating to a special tax
bill against property assessed for improvement in cities
558 MESSAGES AND PROCLAMATIONS OF
of the second class, by inserting in Line 34 after the word
'charged' two new sentences reading as follows: 'Pro-
vided, that before any suit hereafter may be brought to
enforce the lien, of any special tax bill which has been
assigned, written notice shall be filed with the city clerk
setting forth a specific description of the special tax bill,
a legal description of the property it covers, and the name
and address of the assignee or holders of said tax bill at
the time such suit is brought. Failure to file such notice
shall prevent the lien of such special tax bill from being
extended by reason of the filing of such suit.' "
On March 29, 1948, I approved said Senate Bill No. 215.
I call attention to the following: Senate Bill No. 215
amends Section 6780, Article 3, Chapter 38, Revised Statutes
of Missouri, 1939, by inserting two new sentences. The words
"justice of the peace" appear in lines 83, 84, 98, 101, 114,
and 117, of said bill and should have been changed to read
"magistrate court" to comply with the provisions of the
Constitution.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MARCH 2i>, W&B
From the Jwrnoi of t/w> Horn* of R&pr$#mt&tiv$»r pp* 19*8*1099
OFFICE STATB or Missoum* JJBTFIMON Cn%
March 29, 1948*
To the Home of Representatives of the 84th General A$$embtu q/
the State of Missouri;
I return to you Senate Committee Substitute for Honte
Bill No. 120, entitled;
"AN ACT
*To repeal Sections 10361f 10852, 10353, 1QS&4*
10355, 10356 and 10357 of Article 2, Chapter 72 of tht
GOVERNOR PHIL M. DONNELLY 559
Revised Statutes of Missouri, 1939, relating to the edu-
cation, of children who are blind, deaf, crippled or other-
wise handicapped, and to enact in lieu thereof six new
sections relating to the same subject matter to be known
as Sections 10351, 10352, 10353, 10354, 10355 and 10356."
On, March 29, 1948, I approved said Senate Committee
Substitute for House Bill No. 126.
I call attention to the fact that Section 10353 of Article
2, Chapter 72 of the Revised Statutes of Missouri, 1939, was
repealed and reenacted by Senate Bill No. 100 of the Sixty-
fourth General Assembly and is found in Laws of Missouri,
1947, Volume I, page 499. Said Section 10353 of Article 2,
Chapter 72 of the Revised Statutes of Missouri, 1939, is again
repealed and reenacted by Senate Committee Substitute for
House Bill No. 126 without reference being made to its repeal
and reenactment by Senate Bill No. 100.
Section 10357, Article 2, Chapter 72 of the Revised Stat-
utes of Missouri, 1939f was repealed and reenacted by Senate
Bill No. 100 of the Sixty-fourth General Assembly and is
found in Laws of Missouri, 1947, Volume I, at page 500.
Senate Committee Substitute for House Bill No, 126 repeals
Section 10357 of Article 2, Chapter 72 of the Revised Statutes
of Missouri, 1939, but makes no reference to its having been
repealed and reenacted by Senate Bill No. 100 found in Laws
of Missouri, 1947, Volume I, at page 500* However, the sub-
stance contained in Section 10357, Laws of Missouri, 1947,
Volume If page 500, is found in Section 10356 of Senate Com-
mitee Substitute for House Bill No, 126,
Respectfully submitted*
PHIL M, DONNELLY!
Governor*
560 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
APRIL 2, 1948
From the Journal of the Senate, p.
EXECUTIVE OFFICE, >STATE OF Missouai, JEFFERSON CITY,
April 2, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
C. Rouss Gallop, Mexico, Missouri, as a member of the
Cancer Commission for the State of Missouri, Division of
Health of the Department of Public Health and Welfare, for
a term ending at the pleasure of the Governor; vice, Doctor
Major G* Seelig, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SENATE
AHII& 5, 1048
Prom the J&wm&t o/ th® S«n&t&p pp*
EXECUTIVE OFFICE, STATE OF Mmmmt, J$froii3<w Cn%
April 8» 1948*
To the Senate of the 64th General Assembly of the Stote &/
Missouri:
1 return to you Senate Bill No, 219, entitled**
"AN ACT
**To amend Section 3745 of tn act of the 63rd Gen-
eral Assembly, known as Senate Bill No» 248, Laws of
GOVERNOR PHIL M. DONNELLY 561
Missouri, 1945, Pages 1996 to 2004, approved on July 1,
1946, relating to the duties of employees of the division
of Workmen's Compensation of the department of labor
and industrial relations and to the duties of the industrial
commission, by striking out all of line 9 following the
word 'party.', and by striking out all of lines 10, 11, 12,
13, 14 and 15 of said section."
On April 5, 1948, I approved said Senate Bill No. 219.
I have approved this bill However, I call attention to
the fact that the line numbers are not correct if Section 3745,
Laws of Missouri, 1945, found on pages 2000 and 2001 is
followed*
The word "party," referred to in the title of Senate Bill
No. 219, is not in line "9" of Section 3745 but is in line "8"
and there arc no lines "14" and "15" in said Section 3745.
The author of Senate Bill No. 219 evidently used the Truly
Agreed To and Finally Passed Senate Bill No. 248 when
drafting Senate Bill No* 219 as the line numbers do correspond
with the line numbers in said Senate Bill No. 248 of the Sixty-
third General Assembly*
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
APEKL 5, 1948
From th$ Journal &f thu Home of R$pr$8&nt&t$v&8> p*
OFFICE, STAW OF MISSOOTI, JSWIESON Cxw,
April 6, 1048,
To the Home of Representatives of the 64th General Assembly
of the State of Missouri;
I return to you House Bill No, 416, entitled:
562 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To amend Article 5, Chapter 72, of the Revised
Statutes of Missouri, 1939, relating to laws applicable to
city, town and consolidated schools, by inserting imme-
diately following Section 10484 of said Article 5 one new
section relating to the authority of boards of city, town
or village school districts to transport pupils of annexed
districts to the proper school, to be known as Section
10484a."
On April 5, 1948, I approved said House Bill No. 416,
Section 10484, Revised Statutes of Missouri, 1939, re-
ferred to in House Bill No. 416 was repealed and reenacted by
the Sixty-fourth General Assembly, and is found in Laws of
Missouri, 1947, Volume I, page 507,
Respectfully submitted,
PHIL 3VL DONNELLY,
Governor*
TO THE SENATE
AFEIL 7, 1048
From th® Journal &/ th$ S*na>t«, pp»
EXVCUTXTO Omcs» >STATO or Missouri,
April 7, 1948.
To the Senate of th% 64th General Assembly of the State of
Missouri:
I return to you Senate Bill No, 280, entitled;
"AN ACT
'To amend Section 1 1040 of an Act of the 04th Gen*
eral Assembly known as House Bill No, 77, approved
May 19, I947# relating to the maximum rates of taxation
that may be levied by county courts, by adding at the
end of the section the following: 'County courts art
GOVERNOR PHIL M. DONNELLY 563
hereby authorized to call and conduct a special election
under the laws governing such election for the purpose
of increasing maximum tax rates herein specified, or to
submit a proposition for the increase of such rates at any
regular election, and shall submit any such proposition at
either a special or regular election when petitioned there-
for by not less than ten per cent of the qualified voters
of the county as determined by the total vote cast for
Governor in the last preceding general election for Gov-
ernor, and the proposition shall be as follows on the
ballot: "For a levy for county purposes of on
the hundred dollars valuation" and '* Against a levy for
county purposes of on the hundred dollars
valuation." Special elections called under the provisions
of this section shall be limited to one election for each
twelve month period. The County Court shall publish
a notice of said election in some newspaper published in
said county in the following manner: If a daily paper,
for seven successive days, and if a weekly newspaper, in
two issues thereof, and the election shall be held not less
than five, nor more than ten, days, from the last insertion
thereof. Provided, that in all counties having a Board
of Election Commissioners such election when called by
the County Court shall be conducted by the Board of
Election Commissioners as provided by law', with an
emergency clause/*
On April 7, 1948, I approved said Senate Bill No. 280.
Section 11046 of House Bill No, 77 of the Sixty-fourth
General Assembly referred to in Senate Bill No. 280 is found
in Laws of Missouri, 1947, Volume 1» page 539,
Respectfully submitted,
PHIL 3Vt DONNELLY,
Governor*
564 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
APRIL 7, 1948
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 7, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri;
1 return to you Senate Bill No. 287, entitled:
"AN ACT
"To repeal Section 7658, an Act of the 64th Gen-
eral Assembly, relating to appointment of police officers
and police officials, their salaries, preference of ex-service-
men and to the assignment of ranks and the creation of
a traffic squad in cities which now have or may hereafter
have three hundred thousand and less than five hundred
thousand inhabitants, and to enact in lieu thereof a new
section to be known as Section 7658, relating to the same
subject/'
On April 7, 1948f I approved said Senate Bill No. 287.
The title and Section 1 of Senate Bill No, 2H7 are very
indefinite. The title and Section 1 of Senate Hill No* 287
refer to Section 7658* an act of the 84th General Assembly*
etc* No reference is made as to where the act of the Mth
General Assembly may be found, whether or not it in a House
Bill or a Senate Bill or the number of the bill However, there
is a Section 7058 relating to appointment of police officers mid
police officials, their salaries, etc., in Laws of Missouri, 1947,
Volume lf page 407, which evidently is the "Act of the 64th
General Assembly*1 referred to in the title and Section I of
Senate Bill No. 287.
Respectfully submitted,
PHIL 1VL DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 565
TO THE SENATE
APRIL 7, 1948
From the Journal of the Senate, pp. 2069-2070
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 7, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I return to you Senate Bill No. 316, entitled:
"AN ACT
"To amend Section 9451 of an act of the Sixty-third
General Assembly, approved April 24, 1945, found in
Laws of Missouri, 1945, page 1351, relating to pensions
to blind persons by striking out the words and figures
'nine hundred ($900,00) dollars* in lines 12 and 13 and
line 17 and inserting in lieu thereof the words and figures
'twelve hundred ($1,200.00) dollars'/'
On April 7, 1948, I approved said Senate Bill No, 316,
I call attention to the fact that the word "commission"
in line 28, page 2, Section 9451 should have been changed to
Division of Welfare of the Department of Public Health and
Welfare.
Respectfully submitted,
PHIL M. DONTNELLY,
Governor.
566 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
APRIL 7, 1948
From the Journal of the Hov>$e of Representatives, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 7, 1948.
To the House of Representatives of the 64th General Assembly of
the State of Missouri:
I return to you House Bill No. 79, entitled:
"AN ACT
"To amend an Act of the 63rd General Assembly
known as House Bill No. 652, approved March 29, 1946,
relating to the state sales tax, by adding a new section
providing for the establishment of a Sales Tax Token
Revolving Fund to follow Section 11413, to be known as
Section 11413a."
On April 7, 1948, I approved said House Bill No. 79,
An act of the 63rd General Assembly known us House
Bill No. 652, approved March 29, 1946, referred to in House
Bill No. 79, is found in Laws of Missouri, 1945, page 1805.
Respectfully submitted,
PHIL M* DONNELLY,
Governor*
TO THE HOUSE OF REPRESENTATIVES
AmiL 7, !®4S
From Wy /<wm&$ o/ th& Hm§$ of R^yre^ni^ti^m, pp. fit 7
Office STATS or MisiotM, Jimnoir Cmr*
April 7t IMS,
To the H&um of R$pment®tim of the 84th General
of the State of Mmmri:
I return to you House Bill No* 105, entii!@d;
GOVERNOR PHIL M. DONNELLY 567
"AN ACT
"To repeal Section 1 of the Act of the Sixty-third
General Assembly known as House Bill No. 975, approved
July 6, 1946, relating to taxation of manufacturers, and
to enact in lieu thereof a new section, relating to the same
subject matter, to be known as Section 1."
On April 7, 1948, I approved said House Bill No. 165.
Section 1 of an act of the Sixty-third General Assembly
known as House Bill No. 975, approved July 6, 1946, referred
to in House Bill No. 165, is found in Laws of Missouri, 1945,
page 1954.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
AHUL 7, 1948
From the Journal of the Hou&e of Representatives, j
Omen, STATB or MISSOXJKI, JEFFERSON CITY,
April 7, 1948.
To the Home of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you House Bill No. 167, entitled:
"AN ACT
'To repeal Sections 11049, 11053 and 11054 of an
Act of the 63rd General Assembly knowix as House Bill
No, 530f approved November 30* 1945, relating to mak-
ing of the tax books, and to enact in lieu thereof three
naw sections, relating to the same subject, to be known
a§ Sections 11049, 11053 and 11054.1*
On April 7, 1948, I approved said House Bill No. 107.
Sections 11040, 11053, and 11054 of an act of the 63rd
Gtaertl Astembly known m House Bill No, 530, approved
568 MESSAGES AND PROCLAMATIONS OF
November 30, 1945, referred to in House Bill No. 167, are
found in Laws of Missouri, 1945, pages 1818 and 1819.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE HOUSE OF REPRESENTATIVES
APRIL 18, 1948
From the Journal of the Hou$e of Representatives, p*
EXECUTIVE OFFICE, STATE OF MISSOURI, JEPJTOSON CITY,
April 18, 1948.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you House Bill No* 78, entitled;
"AN ACT
**To repeal Section 83 of an Act of the 63rd General
Assembly known as Senate Bill No, 297* approved April
26, 1040, relating to the procurement and handling of
paper for state printing by the state purchasing agent,
and to enact in lieu thereof one new section* relating to
the same subject and providing a revolving fund for the
use of the state purchasing agent in buying paper for the
state, to be known as Section 83/#
On April 13t 1948, I approved said House Bill No, 78,
Section 83 of an act of the 63rd Genera) Assembly known
as Senate Committee Substitute for Senile Bill No, 297, ap*
proved April 28, 1940, is found in Laws of Missouri* 1945,
page 1455.
Respectfully submitted,
PHIL M«
Governor-
GOVERNOR PHIL M. DONNELLY 569
TO THE HOUSE OF REPRESENTATIVES
APKIL 18, 1948
From the Journal of the House of Representatives, pp^ $129-2180
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 13, 1948.
To the House of Representatives of the 64th General Assembly
of the State of Missouri:
I return to you House Bill No. 258, entitled:
"AN ACT
'To repeal Sections 11411 and 11416 contained in
House Bill No. 274 enacted by the 64th General Assem-
bly and Sections 11412, 11417 and 11420 contained in
House Bill No* 652 enacted by the 63rd General Assem-
bly, relating to sales tax and known as the Sales Tax Act
and to enact five new sections in lieu thereof relating to
the same subject matter to be known as Sections 11411,
114 12f 11410, 11417 and 11420, respectively, and to trans-
fer the collection of sales tax on motor vehicles from
vendors thereof to the Directors of Revenue and provid-
ing procedures thereof, to levy an additional tax for the
use of the highways of the state by motor vehicles, and
to provide exemptions therefrom."
On April 13, 1948, I approved said House Bill No. 258,
Sections 11411 and 11410 contained in House Bill No, 274
enacted by the 04th General Assembly are found in Laws of
Missouri 1947, pages 553 and 555; Sections 11412, 11417,
and 11420 contained in House Bill No. 652 enacted by the
63rd General Assembly are found in Laws of Missouri, 1945,
pages 1870 and 1872,
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
570 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
APRIL 29, 1948
From the Journal of the Senate, p, $101
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
April 29, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
John H. Flanigan, Jr., Republican, Carthage, Missouri*
as a member of the State Board of Education, for a term end-
ing July 1, 1951, and until his successor is appointed and
qualified; vice, John H. Flanigan, Jr., resigned and raippointed.
Respectfully submitted,
PHIL M. DONKHLLY,
Governor,
TO THE SECHKTAHY OF STATE
MAT 6, 1948
From th$ Jowrn&l of th$ 80na£*» pp,
E3C8X3UTIVIJ QOTCi, STATE OF MlMDUR!, JOTmmN ClTY,
May 8, IMS,
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No. 132* entitled:
I4AN ACT
"To repeal an act of the 63rd General Assembly
repealing and reenacting Section 13404 of Article 2» Chap-
ter 99, Revised Statutes of Missouri, 1939, relating to
GOVERNOR PHIL M. DONNELLY 571
the fees of the judges and clerks of the probate courts,
the disposition thereof and the duties of such judges and
clerks with respect thereto, known as Senate Bill No. 200,
approved by the Governor on July 6, 1946, and to enact
in lieu thereof a new section relating to the same subject
matter to be known as Section 13404,"
On May 6, 1948, I approved said Senate Bill No, 132,
The act of the 63rd General Assembly* referred to in the
title and in Section 1 of Senate Bill No* 132, is found in Lawa
of Missouri, 1945, page 1516.
The reference in Senate Bill No. 132 to "Senate Bill No,
200/1 in Hue ? of the title of the, printed bill, should be "Sen-
ate Committee Substitute for Senate Bill No. 200." This
same mistake appears in Hue 6 of Section 1.
The message returning Senate Committee Substitute for
Senate Dill No. 2(X) to the Senate i» found in the Senate Journal
of July 8, 1040, paga 4115, printed bound Volume 111 of the
Sixty-third General Assembly. The following notation was
included in mid
"However, 1 call attention to the words 'state treasurer*
on page 4» lina 80 of Section 13404* I am of tha opinion
that this should be *director of revenue1/*
Said mistake appears in Senate Bill No* 132 of the Sixty-
fourth General Assembly, Section 13404* page 4# line 82, The
wordi "state treasurer*9 should hive been changed to **dire€tor
of revenue.1*
A mlittkt alto was mtda in compiling th« Laws of 1945*
page 1519, In Une 4 on page 1519* the words **Director of
Ravenna fl were inserted in brackets aftar the word "treasurer11
and before the word "in." This insertion in bracket! should
hftva on piga t§!§» line 37, after the word **traa§*
tiw*1 and befori tha word "or/1
Rttptetfutly submitted,
PMIL M.
572 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STATE
MAY 6, 1948
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 6, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No. 247, entitled:
"AN ACT
"To amend an act of the 63rd General Assembly
known as House Bill No. 775, approved March 7, 1946,
relating to the compensation of the circuit clerk and
recorder in counties of the Third Class wherein the two
offices shall have been combined, for deputies and clerks
in such office and the compensation therefor, by insert-
ing immediately following Section 6 of said House Bill
No. 775 one new section providing additional duties for
such circuit clerk and recorder as recorder of the county
in the listing of discharged veterans by recorders and the
manner and conditions of such listing and prescribing a
fee for such services to be known as Section 6a/'
On May 6, 1948, I approved said Senate Bill No, 247.
The act of the 63rd General Assembly known as House
Bill No* 775, approved March 7, 1946, referred to in Senate
Bill No. 247, is found in Laws of Missouri, 1945, page 1532,
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 573
TO THE SECRETARY OF STATE
MAY 6, 1948
From the Journal of the Senate, p. 21O7
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 6, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No. 295, entitled:
"AN ACT
"To amend Section 5 of an act of the 63rd General
Assembly entitled 'An Act to provide for and fix the
salaries of judges of probate courts in counties now or
hereafter having more than 30,000 inhabitants, and to
provide for the appointment, discharge and pay of clerks
of probate courts in such counties, and to provide for the
payment of fees of probate courts in such counties to the
county and to provide for payment of excess fees into the
school fund of the county, and to provide for effective
date/, approved July 6, 1946, found at Laws of Missouri,
1945, page 1514, by inserting in line 19 of said section
after the figure '$4800,00;' and before the word *and' the
following: 'except that in counties where probate courts
may be held in more than one place in any county, the
county court may, at the cost of the county, provide such
additional clerks, deputy clerks or other employees as
may be required by the Probate Court and may provide
funds for payment of salaries or parts of salaries of such
officers or employees in addition to the amounts fixed by
this section ;V
On May 6, 194S, I approved said Senate Bill No. 295.
I believe that the figure "19" in line 12 of the title should
be "18/1 This same mistake appears in line 11, Section 1,
page 2* Respectfully submitted,
PHIL M. DONNELLY,
Governor*
574 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STATE
MAY 10, 1948
From the Journal of the House of Representatives, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 10, 1948.
To the Secretary of State of the State of Missouri:
Sir: I haixd you herewith House Bill No. 32, entitled:
"AN ACT
"To repeal Sections 1 and 2 of an Act of the 63rd
General Assembly, approved July 23, 1946, known, and
designated as Committee Substitute for House Bill 214,
such sections relating respectively to the creation of a
County Aid Road Fund for specified purposes and to the
formulation of plans by the State Highway Commission
and a committee of five (5) county judges selected by the
Governor, and to enact two new sections in lieu thereof
to be known and designated as Sections 1 and 2, relating
to the same subjects and providing for the payment of
per diem and expenses of such committee of five (5)
county judges, and general administrative expenses/*
On May 10, 1948, I approved said House Bill No, 32-
Sections 1 and 2 of an act of the 63rd General Assembly,
approved July 23, 1946, known and designated as Committee
Substitute for House Bill No. 214, referred to in House Bill
No. 32, are found in Laws of Missouri, 1945, page 1472.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 575
TO THE SECRETARY OF STATE
MAY 10, 1948
From the Journal of the Hoiise of Representatives, pp. 2148-8149
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 10, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith House Bill No. 390, entitled:
"AN ACT
"To repeal Sections 12137, 12138 and 12139 of Arti-
cle 23, Chapter 76, Revised Statutes of Missouri, 1939,
relating to duties of clerks, to delivery of ballot to voters
and how they are to be marked, and to duties of judges,
in elections in cities of not less than 300,000 nor more
than 700,000 inhabitants, and to enact in lieu thereof
three new sections to be known as Section 12137, 12138
and 12139, relating to the same subject and providing
for identification of voters, certificates of identification,
and use of the latter as poll lists in lieu of poll books."
On May 10, 1948, I approved said House Bill No. 390.
At the top of page 3, of the printed bill, line 17, are the
words and figures "GENERAL ELECTION NOVEMBER
1946*"* As this is part of a suggested form, I am of the opinion
that the figures "1946" should not have been used but that
the form should have been "19 — ~ — "
Respectfully submitted,
PHIL M* DONNELLY,
Governor*
576 MESSAGES AND PROCLAMATIONS OF
TO THE SECRETARY OF STATE
MAY 11, 1948
From the Journal of the Senate , p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 11, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No. 152, entitled:
"AN ACT
"To repeal Sections 5628 and 5630, Article 3, Chapter
35 of the Revised Statutes of Missouri, 1939, relating to
the powers of the public service commission in respect
to common carriers, railroads and street railroads, and to
enact in lieu thereof three (3) new sections relating to
the same subject matter to be known as Sections 5628
and 5630."
On May 11, 1948, I approved said Senate Bill No, 152.
I call attention to the fact that in line 6 of the title and
in line 5 of Section 1, the word and figure "three (3)" appear,
but as one section was stricken out of the bill on perfection
in the Senate, the word and figure "three (3)" should have
been changed to "two (2)." However, I do not think this
fatal to the validity of the bill
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 577
TO THE SENATE
MAY 19, 1948
From the Journal of the Senate, p. 2102
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Russell L. Dearmont, Democrat, 4954 Lindell, St. Louis,
Missouri, as a member of the Board of Regents for the South-
east Missouri State College, Cape Girardeau, Missouri, State
Department of Education, for a term ending January 1, 1951,
and until his successor is duly appointed and qualified; vice,
Orville Zimmerman, deceased.
C, D, Matthews, 3rd, Republican, Sikeston, Missouri, as
a member of the Board of Regents for the Southeast Missouri
State College, Cape Girardeau, Missouri, State Department
of Education, for a term ending January 1, 1953, and until
his successor is duly appointed and qualified; vice, R. E.
Bailey, deceased.
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
TO THE SECRETARY OF STATE
MAY 21, 1948
From the Jowrmt of the Htnw of Repr$8mt&Uve&, $p*
OFFICE STATE OF MISSOURI, JEFFERSON On%
Hay 21, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 449, entitled:
578 MESSAGES AND PROCLAMATIONS OF
"AN ACT
"To appropriate money for the payment of wages,
salaries, per diem of the officers and employees; for the
original purchase of property; for the repair and replace-
ment of property; for the operating and general expenses
of the Department of Revenue and the several divisions
thereof; for the payment of the state's part in assessing
and collecting revenue, for the period beginning July 1,
1948 and ending June 30, 1949."
On May 21, 1948, I approved said House Bill No. 449.
On page 5, Section 3.071, lines 5 and 6, are the words and
figures "for the period beginning June 1, 1948 and ending June
30, 1949." I believe this should be "for the period begin-
ning July 1, 1948 and ending June 30, 1949,"
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
MAY 21, 1948
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON Cmr,
May 21, 1948,
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No* 454, entitled:
"AN ACT
"To appropriate money far the pay of salaries of
members of the 64th General Assemblies and contingent
expenses of the 64th and 65th General Assemblies; includ-*
ing salaries of elective and appointive officers and for the
salaries and expenses of members and employees and
clerical hire of the committee on Legislative Research;
GOVERNOR PHIL M. DONNELLY 579
and for the salaries of the secretaries and clerks and other
necessary expenses of the Missouri Commission on Inter-
state Cooperation for the period beginning July 1, 1948
and ending June 30, 1949."
On May 21, 1948, I approved said House Bill No. 454.
Section 8.010 of House Bill No. 454 appropriates out of
the State Treasury $282,000 to pay the salaries of the members
of the 64th and 65th General Assemblies for the period July
1, 1948, to June 30, 1949, However, in the title, lines two
and three, it reads as follows: "To appropriate money for
the pay of salaries of members of the 64th General Assem-
blies." The title should have included the 65th General
Assembly in line 3.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
MAY 26, 1948
From the Journal of th& S&n&te, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 26, 1948,
To the Secretary of State of the State of Missouri:
Sir; I hand you herewith Senate Bill No, 272, entitled:
"AN ACT
'To repeal Sections 9683a and 9683b of an act of
the 63rd General Assembly known as House Bill 832
approved March 7, 1946, relating to the salaries of pro-
bation officers, deputies, clerks and stenographers in
counties of class one and to enact three new sections in
lieu thereof to be known as Sections 9683a, 9683b and
9683c> relating to the same subject/'
580 MESSAGES AND PROCLAMATIONS OF
On May 26, 1948, I approved said Senate Bill No. 272.
Sections 9683a and 9683b of an act of the 63rd General
Assembly known as House Bill 832 approved March 7, 1946,
are found in Laws of Missouri, 1945, page 631.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SECRETARY OF STATE
MAY 26, 1948
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
May 26, 1948.
To the Secretary of State of the State of Missouri:
Sir: I hand you herewith Senate Bill No. 298, entitled:
"AN ACT
"To repeal Sections Two, Three, Four and Six of an
Act of the 63rd General Assembly designated as House
Bill 962, as the same appears on Page 1311 of the Laws
of Missouri, 1945, relating to the appointment atxd salaries
of deputy collectors and assistants in the office of the
collector of revenue in constitutional charter cities not
within a county and the fees to be collected by the col-
lector of revenue and their use, and to enact in lieu there-
of four new sections relating to the same subject matter/'
On May 26, 1948, I approved said Senate Bill No. 298,
It is my opinion that the word "each" should have been
inserted in, line 22, page 3, Section, 3, after the word "shall"
and before the word "receive."
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 581
TO THE SECRETARY OF STATE
MAY 28, 1948
From the Jmirnal of the House of Representatives, pp. 2164-2165
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON
May 28, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith Senate Committee Substitute for
House Bill No, 475, entitled:
"AN ACT
"To enable certain cities to obtain additional reve-
nue by authorizing any constitutional charter city in this
state which now has or may hereafter acquire a popula-
tion in excess of 700,000 inhabitants to levy and collect
by ordinance for general revenue purposes an earnings tax
on salaries, wages, commissions and other compensation
earned by its residents; on salaries, wages, commissions
and other compensation earned by non-residents of the
city for work done or services performed or rendered in
the city; on the net profits of associations, businesses or
other activities conducted by residents; on the net profits
of associations, businesses or other activities conducted in
the city by non-residents; and on the net profits earned
by all corporations as the result of work done or services
performed or rendered and business or other activities
conducted in the city; providing that the rate of tax shall
not exceed one-half of one-percentum of any earnings or
profits subject to the tax; prescribing the method for
ascertaining the taxable net profits of any non-resident
individual of any association or business conducted by
non-residents, or of any corporation, in any case in which
the work done, services performed or rendered, and busi-
ness or other activities conducted are done, performed,
rendered or conducted both within and without the city;
582 MESSAGES AND PROCLAMATIONS OF
defining net profits subject to tax; permitting any em-
ployer required to collect and remit the tax of employees
to retain from the remittance the cost of collection, pro-
vided no more than ten per cent of the amount collected
be retained in any event; defining by reference to the
state income tax law certain types of income not subject
to tax under this Act; prohibiting any requirement that
a taxpayer file copies of state and federal income tax re-
turns in aid of the administration of any tax ordinance
enacted pursuant to this Act; and declaring that the in-
validity of any portion of this Act, except the whole of
Section 1, shall not affect the validity of the remainder;
and limiting the duration of the provisions of this Act,'1"
On May 28, 1948, I approved said Seriate Committee
Substitute for House Bill No. 475.
I call attention to the fact that on page 2 of the title, in,
line 9, it is provided that any employer required to collect
and remit the tax of employees may retain from the remittance
the cost of collection, provided no more than ten per cent of
the amount collected be retained in any event; while in Sec-
tion 4, page 3, line 4, it is provided that the employer shall
be entitled to retain three per cent of the total amount col-
lected. The substitute for House Bill No. 475, as originally
written, provided for ten per cent as stated in the title but
this was reduced to three per cent by an amendment on per-
fection in the Senate, as shown in Section 4, line 4, of the bill*
However, the title was not corrected to correspond with the
amendment. As the amendment was less than the amount
provided in the title, I do not believe that it affects the validity
of the bill
Respectfully submitted,
PHIL M. DONNELLY,
Governor,
GOVERNOR PHIL M. DONNELLY 583
TO THE SECRETARY OF STATE
JUNE 2, 1948
From the Journal of the House of Representatives, pp. 2168-2169
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
June 2, 1948.
To the Secretary of State of the State of Missouri:
Sir:
I hand you herewith House Bill No. 466, entitled:
"AN ACT
"To repeal Section 9422, Article 2, Chapter 52, Re-
vised Statutes of Missouri, 1939, as amended by an act
of the 61st General Assembly, approved June 20, 1941,
found at Laws of Missouri, 1941, page 566; to amend
Section 9423, Article 2, Chapter 52, Revised Statutes of
Missouri, 1939, as amended by an act of the 61st Gen-
eral Assembly, approved June 20, 1941, found at Laws of
Missouri, 1941, page 566, and as further amended by an
act of the 62nd General Assembly, approved July 15,
1943, found at Laws of Missouri, 1943, page 917, by strik-
ing out all of paragraph (c) in lines 14 to 24 thereof and
by inserting in lieu thereof a new paragraph (c) defining
the term 'Benefit year'; to repeal Sections 9426 and 9432
of an act of the 63rd General Assembly, approved May
3, 1946, found at Laws of Missouri, 1945, page 1731; to
repeal Sections 9427 and 9429 of an act of the 63rd Gen-
eral Assembly approved January 30, 1946, found at Laws
of Missouri, 1945, page 1744; to repeal Sections 9430 of
Article 2, Chapter 52, of the Revised Statutes of Mis-
souri, 1939, as amended by an act of the 61st General
Assembly, approved June 20, 1941, found at Laws of
Missouri, 1941, and as further amended by an act of the
62nd General Assembly, found at Laws of Missouri, 1943,
page 566, and as further amended by an act of the 64th
General Assembly, approved July 7, 1947, found at Laws
of Missouri, 1947, page 523; and also to repeal Sections
584 MESSAGES AND PROCLAMATIONS OF
9431 and 9436 of Article 2, Chapter 52 of the Revised
Statutes of Missouri, 1939, as amended by an act of the
61st General Assembly, approved June 20, 1941, found at
Laws of Missouri, 1941, page 566, and as further amended
by an act of the 62nd General Assembly, approved July
15, 1943, found at Laws of Missouri, 1943, page 917; all
of said sections being relating to the unemployment com-
pensation system of the State of Missouri and to the col-
lection of contributions and payment of benefits under
the unemployment compensation law, and to enact in
lieu of said repealed sections eight new sections relating
to the same subject matter, to be known as Sections 9422,
9426, 9427, 9429, 9430, 9431, 9432, and 9436."
On July 2, 1948, I approved said House Bill No. 466.
I wish to call attention to the following errors which
appear in this bill:
In the title to House Bill No. 466, on page 2, line 7, the
figures "566" should be "933." This same error appears on
page 15, Section 3, line 11.
On page 11, line 258, the word "of between the word
"payment" and the word "remuneration" was inserted in place
of the word "or"; on page 13, line 321, the word "unit" be-
tween the word "employing" and the word "for" was inserted
in place of the word "suit." It should be borne in mind that
House Bill No. 466 amends Section 9423, Revised Statutes of
Missouri, 1939, as amended, and that ixo words can be inserted
or changed in said section except those specifically stated in
the title or in the enacting section*
". . . No act shall be amended by providing that
words be stricken out or inserted, but the words to be
stricken out, or the words to be inserted, or the words
to be stricken out and those inserted in lieu thereof, to-
gether with the act or section amended, shall be set forth
in full as amended." (Section 28, Article III, Constitu-
tion.)
The title of this bill (House Bill No, 466) defined the term
"benefit year" and if this can be done without setting forth
the definition of "benefit year" in full, which I seriously doubt,
GOVERNOR PHIL M. DONNELLY 585
certainly no other words now appearing in said section in Laws
of Missouri, 1943, page 917, can be changed or inserted.
On page 36, line 25, Section 9430, the article "a" after
the word "this" and before the word "subsection," is an, error;
it does not appear in Laws of Missouri, 1947, Volume I, page
523, the present section.
On page 39, lines 92 and 95, Section 9431, the word "Sub-
section" before the figures "(2)" and "(3)" should have been
deleted. These paragraphs were inserted in Section 9431 by
House Committee Amendment No. 12 on perfection of the
bill in the House. I believe this is the only instance in the
Unemployment Compensation Law where a paragraph is shown
as a subsection and is a deviation from the present form.
On page 48, line 61, Section 9436, a comma "," and the
words "such assessment" were omitted after the word "reas-
sessment," in lines 60 and 61. I believe the omission of the
words **such assessment" in line 61 was an error but probably
will not complicate an interpretation of said section.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JUNE 7, 1948
From the Journal of the Senate, p, &IS1
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFEBSON CITY,
June 7, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office;
Bryan E. Wolfeubarger, Wheaton, Missouri, as a member
of the State Board of Barber Examiners, Division of Regis-
tration and Examination, State Department of Education, for
586 MESSAGES AND PROCLAMATIONS OF
a term ending July 6, 1949, and until his successor is duly
appointed and qualified; vice, J. E. Johnston, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 19; 1948
From the Journal of the Senate, pp.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Roger S, Miller, 660 Romany Road, Kansas City, Mis-
souri, as a member of the Board of Police Commissioners for
Kansas City, Missouri, for a term ending July 8, 1952, and
until his successor is duly appointed and qualified; vice,
reappointment. Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 19, 1948
From the Journal of the Senate, p* $18%
EXECUTIVE OFFICE, STATE: OF MISBOUBI, JEFFEBSON Cn%
July 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
GOVERNOR PHIL M. DONNELLY 587
Robert A. Huelsick, 1700 Boatmen's Bank Building, St.
Louis, Missouri, as a member of the Missouri State Board of
Accountancy, Division of Registration and Examination, State
Department of Education, for a term ending five years from
the time of his appointment and qualification and until his
successor is duly appointed and qualified; vice, J. J. Lang,
term expired.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 19, 1948
From the Jou/rnal of the Senate, p. SIS 2
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON CITY,
July 19, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor James M. Hern, Republican, Columbia, Missouri,
as a member of the State Board of Chiropody, Division of
Registration and Examination, State Department of Educa-
tion, for a term ending July 1, 1952, and until his successor
is duly appointed and qualified; vice, reappointment
Respectfully submitted,
PHIL M. DONNELLY,
Governor*
588 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JULY 19, 1948
From the Journal of the Senate, p. %1SS
EXECUTIVE OFFICE, STATE OF MISSOUEI, JEFFERSON CITY,
July 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J. E. Mitchell, Democrat, 39 Lewis Place, St. Louis, Mis-
souri, as a member of the State Board of Education, for a
term ending July 1, 1956, and until his successor is appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JTOY 19, 1948
From the Journal of the Senate, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 19, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Sister M. Geraldine Kulleck, 6420 Clayton Avenue, St.
Louis, Missouri, as a member of the Board of Examiners and
Registrars of Nurses, Division of Registration and Examina*
GOVERNOR PHIL M. DONNELLY 589
tion, State Department of Education, for a term ending July
6, 1951, and until her successor shall be appointed and quali-
fied; vice, reappointment.
Doctor William C. Weinsberg, 3451 Halliday Avenue, St.
Louis, Missouri, as a member of the Board of Examiners and
Registrars of Nurses, Division of Registration and Examina-
tion, State Department of Education, for a term ending July
6, 1951, and until his successor shall be appointed and quali-
fied; vice, reappointment.
Miss Grace Frauens, 5702 Eastwood, Kansas City, Mis-
souri, as a member of the Board of Examiners and Registrars
of Nurses, Division of Registration and Examination, State
Department of Education, for a term ending July 6, 1951, and
until her successor shall be appointed and qualified; vice,
reappointment.
Miss Ophelia Mae Perkins, Springfield, Missouri, as a
member of the Board of Examiners and Registrars of Nurses,
Division of Registration and Examination, State Department
of Education, for a term ending July 6, 1951, and until her
successor shall be appointed and qualified; vice, reappointment
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 10, 1948
From the Jowrnoi wf the Senate, p* $134
EXECUTIVE OFFICE, STATK OF MISSOUEI, JBFFBRSON CITY,
July 19, 1948,
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
590 MESSAGES AND PROCLAMATIONS OF
Doctor W. 0. Finney, Democrat, Chaffee, Missouri, as
a member of the State Board of Medical Examiners, Divi-
sion of Registration, and Examination, State Department of
Education, for a term ending July 1, 1952, and until his
successor is appointed and qualified; vice, reapp ointment.
Doctor Paul A. Knepper, Republican, 2002 Ashland Ave-
nue, St. Joseph, Missouri, as a member of the State Board
of Medical Examiners, Division of Registration and Examina-
tion, State Department of Education, for a term ending July
1, 1952, and until his successor is appointed and qualified;
vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
JULY 19, 1948
From the Journal of the Senate, p. 21$ 4
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
J. S. Williamson, Democrat, Route 4, Columbia, Missouri,
as a trustee of the State Board of Training Schools, Division
of Educational Institutions, Department of Corrections, for a
term ending July 1, 1954, and until his successor is appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M, DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 591
TO THE SENATE
JULY 19, 1948
From the Journal of the Senate, p. 2135
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
July 19, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Ronnie F. Greenwell, Hayti, Missouri, as a member of
the State Soil Districts Commission, State Department of
Education, for a term ending July 6, 1951, and until his suc-
cessor is duly appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
TO THE SENATE
AUGUST 4» 1948
From th$ Journal of th$ Sen&te, p.
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFBESON CITY,
August 4, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Paul G. Steinbicker, 1304 Boland Place, St. Louis County*
Missouri* as a member of the Personnel Advisory Board, Per-
sonnel Division of the Department of Business and Admmis-
592 MESSAGES AND PROCLAMATIONS OF
tration, for a term ending July 31, 1954, and until his successor
is appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 23, 1948
From the Journal of the Senate, pp. 213&-&1S6
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
August 23, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Murray Q. Williams, Warrensburg, Missouri, as a mem-
ber of the Board of Pharmacy, Division of Registration and
Examination, State Department of Education, for a term end-
ing August 16, 1953, and until his successor is duly appointed
and qualified; vice, reappointment.
Respectfully submitted,
PHIL M* DONNELLY,
Governor*
GOVERNOR PHIL M. DONNELLY 593
TO THE SENATE
AUGUST 30, 1948
From the Journal of the Senate, p. 213G
EXECUTIVE OFFICE, STATE OP MISSOURI, JEFFERSON CITY,
August 30, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
V. J. O'Flaherty, Jr., 909 Baltimore Avenue, Kansas
City, Missouri, as a member of the Missouri Real Estate Com-
mission, Division of Registration and Examination, State
Department of Education, for a term ending July 6, 1951,
and until his successor shall be appointed and qualified; vice,
reappointment.
Ray R, Dolan, 6401 Manchester Avenue, St. Louis, Mis-
souri, as a member of the Missouri Real Estate Commission,
Division of Registration, and Examination, State Department
of Education, for a term ending July 6, 1951, and until his
successor shall be appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
AUGUST 80, 1048
From tk$ Jowmal <>/ t&* Senate, f>*
m OFHCOB, STAOT or Missotimi, JUTTBESON Cmr,
August SO, 1048,
To the Senate of the 64th General Assembly of the State of
Mimouri:
I have the honor to transmit to you herewith for your
and approval the following appointment to office:
594 MESSAGES AND PROCLAMATIONS OF
J. Raymond Lucy, Parma, Missouri, as a member of the
State Highway Commission for a term ending March 29, 1951,
and until his successor is appointed and qualified; vice, Paul
C. Jones, resigned.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
TO THE SENATE
(SEPTEMBER 23, 1948
From the Journal of the Senate, p. 21 3 7
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
September 23, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointments to office:
Dr. Everett D. Sugarbaker, Jefferson City, Missouri, as
a member of the Cancer Commission for the State of Missouri,
Division of Health of the Department of Public Health and
Welfare, for a term ending at the pleasure of the Governor;
vice, Frank T, Hodgdon, resigned,
Dr. William Leighton, 3720 Washington Boulevard, St
Louis, Missouri, as a member of the Cancer Commission for
the State of Missouri, Division of Health of the Department
of Public Health and Welfare, for a term ending at the pleasure
of the Governor; vice, Dr. Clifton Smith, resigned-
Mr. Cres Hewitt, Shelbyville, Missouri, as a member of
the Cancer Commission for the State of Missouri, Division of
Health of the Department of Public Health and Welfare, for
a term ending at the pleasure of the Governor; vice> W. Ed,
Jameson, resigned.
Respectfully submitted,
PHIL M, DONNELLY*
Governor.
GOVERNOR PHIL M. DONNELLY 595
TO THE SENATE
OCTOBER 14, 1948
From the Journal of the Senate, p. 2137
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 14, 1948.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Rolla E. Stephens, Joplin, Missouri, as a member of the
Missouri Real Estate Commission, Division of Registration
and Examination, State Department of Education, for a term
ending October 13, 1951, and until his successor shall be
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M, DONNELLY,
Governor.
596 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
OCTOBER 18, 1948
From the Journal of the Senate, p. 21S8
EXECUTIVE OFFICE, STATE OF MISSOURI, JEFFERSON CITY,
October 18, 19'48.
To the Senate of the 64th General Assembly of the State of
Missouri:
I have the honor to transmit to you herewith for your
consent and approval the following appointment to office:
Doctor R. R. Rhoades, Jefferson City, Missouri, as a
member of the Missouri Dental Board, Division of Registra-
tion and Examination, State Department of Education, for a
term ending October 16, 1953, and until his successor shall be
appointed and qualified; vice, reappointment.
Respectfully submitted,
PHIL M. DONNELLY,
Governor.
GOVERNOR PHIL M. DONNELLY 597
MEMORANDA OF PROCLAMATIONS AND
WRITS OF ELECTION
JANUARY 23, 1945
From the Register of Civil Proceedings, 1944-1947, p. 118
The Governor issued a Writ of Election, directing that
an election be held on Tuesday, February 27, 1945, for the
purpose of electing a State Senator for the Ninth Senatorial
District to supply a vacancy caused by the resignation of
Honorable Frank P. Briggs.
JANUAEY 29, 1945
From the Register of Civil Proceedings, 1944-1947, p. 12$
The Governor issued a Proclamation designating Feb-
ruary 3» 4 and 5, 1945, the Fourth Anniversary of Incorpora-
tion of United Service Organization.
FEBKUA&Y 1, 1945
From the Register of Givtt Proceedingat 1$44~1W, #•
The Governor issued a Proclamation for vigorous recruit-
ing drive to enlist women for Women's Army Corps Medical
Units for service at Army's Hospital
MABOH 7, 1945
From the R*gi*t*r of CMl
The Governor proclaimed March 9, 1945, the Third Axmi~
vertary of the Army Service Forces*
598 MESSAGES AND PROCLAMATIONS OF
MARCH 8, 1945
From the Register of Civil Proceedings, 1944-1947, p.
The Governor issued a Proclamation proclaiming Wild-
life Restoration Week, March 18-24, 1945.
MARCH 12, 1945
From the Register of Civil Proceedings, 1944^1947, p. 155
The Governor issued a Writ of Election for an election
to be held Tuesday, March 27, 1945, in Platte County, Mo.,
to fill a vacancy in the House of Representatives caused by
the death of Honorable J. W. Farley.
MARCH 23, 1945
From the Register of Civil Proceedings, 1944-^1947, p.
The Governor issued a proclamation declaring that pro-
posed New Constitution was adopted by a majority of quali-
fied voters of State of Missouri in a special election held on
Tuesday, February 27, 1945.
APBIL 4, 1945
From the Register of Civil Proceedings, l$44»1947f p*
The Governor issued a Proclamation designating April as
Cancer Control Month.
APBIL 6, 1945
From the Register of Ctmi Procwctinff*, l$44«d$4?> p,
The Governor proclaimed the month of April, 1045, m
United Clothing Collectors Month in Missouri
GOVERNOR PHIL M. DONNELLY 599
APRIL 12, 194$
From the Register of Civil Proceedings, 1944-1947, p. 17S
The Governor proclaimed April 13, 1945, as "Jefferson
Day" in commemoration of the homage due Thomas Jeffer-
son, on the anniversary of his birthday.
APRIL 13, 1945
From the Register of Civil Proceedings, 1944^1947, p. 179
The Governor 'issued a Proclamation, in part as follows:
"Whereas, The nation and world are mourning the un-
timely death of our Great President, Franklin Delano Roose-
velt, and
Whereas, This nation is bowed with the weight of its
crushing loss, and
Whereas, It is proper that suitable observance and trib-
utes of respect be paid to the memory and service of our
beloved President; Now Therefore,
I» Phil M. Donnelly, Governor of the State of Missouri,
do hereby proclaim that on Saturday, April 14, 1945, all pub-
lic offices m Missouri be closed and that the Citizens of Mis-
souri pause in a short period of silent prayer during the time
at which the funeral services are being held at the White
House; and
I further proclaim, that all flags flown from public installa-
tions in the State of Missouri shall be flown at half mast for
a period of thirty days" (etc*)*
APRIL 19v 1945
From tJk* Register &f Civil ProeeddtingBt 1944^47, p. 1B&
The Governor proclaimed Sunday April 22, 1945, as Dum-
barton Oaks Day and suggests that the people pray for the
succesa of the San Francisco Conference*
600 MESSAGES AND PROCLAMATIONS OF
APRIL 20, 1945
From the Register of Civil Proceedings, 1944-1947, p. 18S
The Governor issued a Writ of Election calling for a
special election to fill vacancy for State Representative caused
by the death of Theo. W. Hukriede (Warren Co.).
APRIL 21, 1945
From the Register of Civil Proceedings, 1944-1947, p.
The Governor proclaimed the week April 22 to 29, 1945,
World Fellowship Week, urging all individuals to unite in
devout prayer for victory and divine guidance of United
Nations conferees and people of world as they seek to devise
ways and means of attaining and maintaining world peace.
APRIL 27, 1945
From the Register of Civil Proceedings, 1944-1947, p* 187
The Governor issued a Writ of Election to the Sheriff
of St. Francois Co. for the purpose of electing State Repre-
sentative to fill place caused by the death of Hon. JL G. Gaebe,
for Tuesday, May 15, 1945.
APRIL 28, 1946
From the Register of Cfoil Proceedingst 1944*>1$4T> p, 1ST
The [Governor] issued a proclamation in observance of
Boys and Girls Week, April 28 to May 5, 25th anniversary.
MAY 4, 1945
From the Register of Civil Proowdinffs, 1944<*W4?* f>*
The Governor issued a proclamation declaring the week
May 6 to 13 National Music Week-
GOVERNOR PHIL M. DONNELLY 601
MAY 7, 1045
From the Register of Civil Proceedings, 1944-1947, p. 19$
The Governor issued a proclamation, declaring May 7 to
12 Cadet Nurse Week.
MAY 8, 1945
From the Register of Cwil Proceedings, 1944-194.7, p. 194
The Governor issued a proclamation that Germany has
unconditionally surrendered and the war in Europe has come
to a victorious conclusion. He proclaimed that this event [is]
one of the most momentous in our history and asked that we
join the Nation in Thanksgiving over the victory of our
gallant Armies, etc.
MAY 12, 1945
From the Register of CvoU Proceedings, 1944~1947> p.
The Governor issued a proclamation proclaiming Sunday,
May 13, Mother's Day.
MAY 19, 1945
From the RegtiUr of Cfefl Proceeding*,
The Governor proclaimed Sunday, May 20, as "I Am An
American Day***
MAY 21, 1946
From th# RtgiaUr of Civil Proceeding*^ JPiWW/, *>. $03
The Governor issued a proclamation proclaiming May 22
as National Maritime Day*
602 MESSAGES AND PROCLAMATIONS OF
MAY 28, 1945
From the Register of Civil Proceedings, 1944-^1947, p. 208
The Governor proclaimed the month of June, 1945, as
Dairy Month as Vital to Victory.
JUNE 6, 1945
From the Register of Civil Proceedings, 1944-1947, p.
The Governor issued a proclamation proclaiming the week
of June 10-16 as "Pledge of Allegiance to the Flag Week/'
JUNE 14, 1945
From the Register of Civil Proceedingat 1944*194? » p>
The Governor proclaimed Sunday, June 17, 1945, as
'Father's Day."
JULY 26, 194&
From the Register of Civil Proceedings, 1944-1947, p, &4S
The Governor proclaimed the week of July 29, 1945, as
Wave Week.
JULY 26, 1945
From the Register of Civil Proceeding 1944«£$47t p.
The Governor proclaimed the month of August as **Rail-
road Manpower Drive Month/*
JULY 80, 1945
From the Register of Civil Proc4$dfaw8, 1$44**1W* p*
The Governor issued a proclamation proclaiming Wednes-
day, August 1, 1945, as Air Force Day.
GOVERNOR PHIL M. DONNELLY 60S
AUGUST 7, 1945
From the Register of Civil Proceedings, 1944-1947, p. 249
The Governor issued a proclamation proclaiming the
month of October, 1945, as National War Fund Month in
Missouri.
AUGUST 14, 1945
From the Register of Civil Proceedings, 1944-194?', p.
The Governor issued a proclamation of Thanksgiving
relative to the surrender of Japan and the end of World
War IL
AUGUST 14, 1945
From the Register of Civil Proceedings, 1944-1947, p. 264
The Governor issued a proclamation declaring a two-day
holiday, Aug. 15th and 16th, in conformity with the procla-
mation issued by the President because of the surrender of
the Japs and the end of World War II.
AUGUST 21, 1945
From the Register of Civil Proceedings, 1944*1947, p. $57
The Governor issued a proclamation revoking the request
of Gov. Forrest C. Donnell made on May 22, 1942, and Sept.
23, 1942, limiting speed on highways and urging extreme cau-
tion and observation of traffic rules*
£, 19*45
From t&« R#gi$t$r of CMl Prooeedwtffs, 1944*1947, p< $64
The Governor asked for observance of Sunday, Sept. 2,
as V-J Day.
604 MESSAGES AND PROCLAMATIONS OF
SEPTEMBER 6, 1945
From the Register of Civil Proceedings, 1944-194?, p.
The Governor proclaimed Saturday, Sept. 22, 1945, as
American Indian Day.
SEPTEMBER 11, 1946
From the Register of Civil Proceedings, 1944-194?, p.
The Governor proclaimed Monday, Sept. 17, 1945, as
Constitution Day in Missouri.
SEPTEMBEB 13, 1945
From the Register of Civil Proceedings, 1944-4947, p. &70
The Governor proclaimed the period Sunday, September
30, 1945, through October 7, 1945, as Fifteenth Religious
Education Week.
SEPTEMBEB 13, 1945
From the Register of Civil Proceedings, 1944-^1947, P- £70
The Governor proclaimed the month of October, 1945,
as Parent-Teacher Membership Week.
SBPTBMBBB 25, 1945
From the Register of Civil Proceedings, 1944**1W9 P*
The Governor proclaimed the week beginning October 7(
1945, "Fire Prevention Week/1
28, 1945
From the Register of CMl Proceeding** I$44«d94?> #*
The Governor proclaimed the week October 7*13, faacl»
1945, Needlework Guild Week.
GOVERNOR PHIL M. DONNELLY 605
OCTOBER 1, 1945
From the Register of Civil Proceedings, 1944-1947, p. £80
The Governor proclaimed the week of Oct. 7, 1945,
'Optimist Week/'
OCTOBER 2, 1945
From the Register of Civil Proceedings, 1944-194?, p. $$0
The Governor proclaimed week Oct. 7-13, 1945, "National
Employ the Physically Handicapped Week."
OCTOBER 18, 1945
From the Register of Civil Proceedings, 1944-1947, p. £89
The Governor proclaimed Saturday, October 27th, 1945,
as "Navy Pay/'
NOVEMBER 7, 1945
From the Register of Civil Proceeding*, 1044-1947, p. £99
The Governor proclaimed Monday, Nov. 12, 1945, "Ar-
mistice Day.**
NOVEMBER 13, 1946
From the Register of Civil Proceedings, 1944-4947, p» 90$
The Governor issued a Writ of Election on the Sheriff
of Franklin [County] to call a special Election Tuesday, Dec.
4* 1945, to fill a vacancy caused by the resignation of Joseph
A, Falcone in the 25th Senatorial District,
NOVEMBER 15, 1945
From the Register of Civtt Proceedings* 1944*1947, p. &<&
The Governor proclaimed Thursday, November 22, 1945,
as Tha&ksgiving Day*
606 MESSAGES AND PROCLAMATIONS OF
DECEMBER 20, 1945
From the Register of Civil Proceedings, 1944-1947, p. S24
The Governor proclaimed Jan. 5, 1946, as George Wash-
ington Carver Day.
FEBRUABY 6, 1946
From the Register of Civil Proceedings, 1944-1947, P*
The Governor proclaimed the week of Feb. 17-26, 1946,
as American Brotherhood Week.
FEBRUARY 27, 1946
From the Register of Civil Proceeding a, 1944~J*94?> P>
The Governor proclaimed March 2 to 10, 1946, as 4-H
Club Week.
MARCH 8, 1946
From the Register of Civil Proceedings, 1944-d847, #«
The Governor proclaimed Friday, March 8, 1946, aa
World Day of Prayer.
MARCH 22, 1946
From the Register of CivU Proceedings, WU-IW* p*
The Governor issued a Writ of Election on the Sheriff
of Mercer County for a special election to be held Tuesday,
April 23» 1946, for purpose of electing a State Representative
for Mercer County.
GOVERNOR PHIL M. DONNELLY 607
MARCH 23, 1946
A
From the Register of Civil Proceedings, 1964-1947, p. 386
The Governor issued a Writ of Election, to the Sheriff
of St. Louis City for a special election to be held April 23,
1946, to elect a State Senator for the old 29th Senatorial Dis-
trict to fill the place vacated by the death of Honorable Clyde
W. Wagner.
MARCH 26, 1946
From the Register of Civil Proceedings, 1944-1947, p. S88
The Governor issued a Proclamation calling upon the
people of Missouri to support the State Program for Food
Conservation.
APBIX* i, 1946
From the Register of Civil Proceedings, 1944-1947, p. S91
The Governor proclaimed the week of April 7 to 13 as
"Know Your Public Health Nurse Week."
APRIL 8, 1946
From the Register of Civil Prooeedmgst 1944~1947, p.
The Governor proclaimed Saturday, April 6, 1946, as
**Army Day in Missouri/*
APRIL 15, 1946
From tito Register of CM Pfc^eedhigs, 1944~1U7> p.
The Governor issued a Proclamation declaring the period
April 15 to May 1 as Cancer Control Weeks,
608 MESSAGES AND PROCLAMATIONS OF
APRIL 19, 1946
From the Register of Civil Proceedings, 1944-1947, p. 404
The Governor proclaimed the month of May as American
Legion Month in Missouri.
APRIL 22, 1946
From the Register of Civil Proceedings, 1944-194?, p. 406
The Governor proclaimed the week of April 27 to May 4
"Boys and Girls Week.''
APRIL 22, 1946
From the Register of Civil Proceedings, 1944~194?9 p. 40$
The Governor proclaimed the week beginning May 5 as
"National Music Week/'
MAY 2, 1946
From the Register of CivU Proceedings, 1&44~194?P p. 413
The Governor proclaimed Sunday, May 19th, as **I Am
An American Day."
MAY 6, 1946
From the Register of Civil Proceedings, l$44<*l$4?t p» 418
The Governor issued a Writ on the Sheriff of Perry County
calling for Special Election to supply a vacancy ctuted by the
death of John X Andres, Representative.
GOVERNOR PHIL M. DONNELLY 609
MAY 10, 1946
From the Register of Civil Proceedings, 1944-1947, p. 417
The Governor issued a Proclamation calling on all busi-
nesses and every citizen, to cooperate in conservation of fuel
and electricity.
MAY 10, 1946
From the Register of Civil Proceedings, 1944-1947, p. 417
The Governor proclaimed Sunday, May 12, as "Mother's
Day."
JUNE 14, 1946
From the Register of Civil Proceedings, 1944-1947, p. 4$$
The Governor issued a Proclamation, setting aside Sun-
day, June 16, as "Father's Day."
JULY 26, 1946
From the Register of Civil Proceedings^ 1944~dQ47, p. 460
The Governor issued a proclamation, designating August
1, 1946, as "Army Air Force Day."
SEPTEMBER 16, 1946
From the Register of Civil Proceedings, 1944»1H79 p. 488
The Governor proclaimed the month of October as Parent-
Teacher Membership Mouth,
SEPTEMBER 20, 1946
From the Register of CML Procee&wgs, 1944*1947, p* 401
The Governor issued a proclamation proclaiming Tues-
day, Oct. 29, 1946, as "Missouri Day" at the American Federa-
tion of Labor Union Label & Industrial Exhibition at St. Louis,
Mo.
610 MESSAGES AND PROCLAMATIONS OF
SEPTEMBER 23, 1946
From the Register of Civil Proceedings, 1944-1947, P- 49$
The Governor issued the following Proclamations:
Sept. 29 through Oct. 6 as "16th Annual Religious Edu.
Week."
Month of Oct. as "U. S. 0. See-It-Thru" Campaign.
"Fire Prevention Week."
SEPTEMBER 25, 1946
From the Register of Civil Proceedings, 1944-1947, p, 494
The Governor issued a Writ of Election directing sheriff
of Chariton Co. to call election Nov. 5, 1946, to elect State
Senator.
SEPTEMBER 30, 1946
From the Register of Civil Proceedings, 1944-1947, p. 497
The Governor issued the following Proclamations:
Oct. 6th to 12th, 1946, as Employ the Physically Handi-
capped Week.
Oct. 13th to 19th, 1946, as Letter Writing Week.
OCTOBEB 11, 1946
From the Register of Civil Proceedings, 1944~1947, #, SOS
The Governor issued a proclamation proclaiming Oct. 20-
26, "National Child Accident Prevention Week/"
OCTOBER 23, 1946
From t&« Reffister of Civil Proceedin&s, l#44«1947t &*
The Governor proclaimed Sunday, Get* 27» at 4lNavy
Day/f
GOVERNOR PHIL M. DONNELLY 611
NOVEMBER 6, 1946
From the Register of Civil Proceeding*, 1944-1947, p. SIS
The Governor proclaimed November 10, 1946, as "Marine
Corps Day."
NOVEMBER 25, 1946
From the Register of Civil Proceedings, 1344-1947, p. 526
The Governor issued a proclamation calling upon all
businesses, industries, whether privately owned or publicly
owned, and each and every citizen of the State to cooperate
in the conservation of fuel and electric current, etc.
NOVEMBER 27, 1946
From the Reffi$ter of Civil Proceedings, 1 944-4947, p. 628
The Governor issued a proclamation proclaiming First
Sunday in December, 1946, as Gold Star Remembrance Day
in the State of Missouri commemorating the Nation's entry
into World War II.
DECEMBER 23, 1946
From the Register of Civil Proceedings, 1$44~1947> p. 644
The Governor proclaimed the results of General Election
held Nov. 5, 1946,
JANUARY 81, 1047
From tb* Reffitter o/ Oiu# Prooee&foga, 1944*4947, V*
The Governor proclaimed Wednesday, February 5* 1947,
Comervatioa Pledge Day.
612 MESSAGES AND PROCLAMATIONS OF
FEBRUARY 6, 1947
From the Register of Civil Proceedings, 19^4"1947t p. 67$
The Governor issued a proclamation proclaiming the week
of Feb. 16-23 as American Brotherhood Week in Missouri.
FBBBUABY 7, 1947
From the Register of Civil Proceedings, 19U-19W, p.
The Governor called a special election in Douglas County
to supply vacancy caused by resignation of Quentin Haden,
who was member of 64th General Assembly, said election to
be held on Tues., March 4, 1947,
FBBBTJABY 7, 1947
From the Register of Civil Proceedings* 1944*J947t p. 87$
The Governor issued a Proclamation proclaiming the
period from Feb. 9 through Feb, 15, 1947, as "National Heart
Week."
FEBRUARY 8, 1947
From the Register of Civil Proceeding*, 1944«>2,94?> p» $7&
The Governor issued a Proclamation proclaiming Fab-
1947, as Thomas Edison Day in Missouri-
FEBRUARY 11, 1947
From the Register of Cfail Prow#dinff*t
The Governor issued a Writ of Election calling Special
Election to be held Friday, March 7, 1947, in City of St Lomii
for State Senator of old 29th Senatorial District
GOVERNOR PHIL M. DONNELLY 613
FEBRUARY 19, 1947
From the Register of Civil Proceeding*, 1944-1947, p. 888
The Governor issued a proclamation proclaiming Friday,
Feb. 21, 1947, as "World Day of Prayer," in Missouri.
MARCH 31, 1947
From the Register af Civil Proceedings, 1944-194?, p.
The Governor issued a proclamation proclaiming the
month of April, 1947, as Cancer Control Month.
APRIL 4, 1947
From the Register of Civil Proceedings, 1944*1 947, p. 611
The Governor issued a proclamation proclaiming April 7,
1947, as Army Day, and week of April 7 to 12 as Army Week.
APRIL 19, 1947
From the Register of Civil Proceedings, 1944*494?, p.
The Governor issued a proclamation designating April
20 through April 26th, 1947, as "Public Health Nursing Week,"
19, 1947
From the R*gi*Ur of CM Proaeedinffs, M44~*W, P-
The Governor issued proclamation designating week of
April 20 through April 26, 1947, as "World Fellowship Week/'
614 MESSAGES AND PROCLAMATIONS OF
MAY 10, 1947
From the Register of Civil Proceedings, 1944-1947, p.
The Governor issued a proclamation proclaiming Sunday,
May 11, 1947, Mother's Day in Missouri.
MAY 17, 1947
From the Register of Civil Proceedings, 1944--1947, p. OSS
The Governor issued a proclamation proclaiming the
week of May 18 to 25th, inclusive, as Naval Reserve Week.
MAY 21, 1947
From the Register of Civil Proceedings, 19 44^9 47 1 #. 68?
The Governor issued a proclamation proclaiming Satur-
day, May 24, as "Buddy Poppy Day.'*
MAY 29, 1947
From the Register of Civil Proceedings, £9 44*3$ 47, &*
The Governor issued a proclamation proclaiming the
month of June, 1947, as "June Dairy Month for Missouri**
8, 1947
From the Register of Civil Prowedfaffs, X#44*J#4?> P* 64$
The Governor issued a proclamation proclaiming June 5»
6 and 7» 1947, as "35th Division (National Guard) Days1* in
Missouri
GOVERNOR PHIL M. DONNELLY 615
JUNE 11, 1947
From the Register of Civil Proceedings, 1944-1947, p. 646
The Governor issued a proclamation proclaiming Sunday,
June 15, 1947, as Father's Day.
JULY 31, 1947
From the Register of Civil Proceedings, 1947-1950, p. 15
The Governor proclaimed Aug. 1, 1947, as "Army Air
Force Day/'
SEPTEMBER 11, 1947
From the Register of Civil Proceedings, 1947 "19 50 9 p. 38
The Governor proclaimed the week Sept. 14-20 as Con-
stitution Week, and Sept. 17, Constitution Day.
SEPTEMBER 15, 1947
From the Register of Civil Proceedings, 1947-J.980, p. 39
The Governor proclaimed Sept. 17 as National Guard
Day in Missouri*
SEPTEMBER 16, 1947
From the Register of Civil Proceedings, 1947*1960, p. 40
The Governor proclaimed the month of October as Parent-
Teacher Membership Month*
SEPTEMBJCR 24, 1947
From Hw Register of Civil Proceedfaffs, 1947-1980, p. 44
The Governor issued a proclamation proclaiming the
week of Sept- 28, 1947, through October 5, 1947, as 17th
Atmual Religious Education Week*
616 MESSAGES AND PROCLAMATIONS OF
SEPTEMBER 30, 1947
From the Register of Civil Proceedings, 1947-1950, p.
The Governor proclaimed the first week in October, 1947,
as Employ the Physically Handicapped Week, Oct. 5-11, 1947.
SEPTEMBER 30, 1947
From the Register of Civil Proceedings, 19J*7-1950t p, 4,6
The Governor proclaimed the week beginning Oct. 5,
1947, as Fire Prevention Week in Missouri.
OCTOBER 9, 1947
From the Register of Civil Proceedings, lHT~1950t p* $0
The Governor issued a proclamation proclaiming the week
of Oct. 12th to 19th, 1947, as "Letter Writing Week."
OCTOBER 25, 1947
From the Register of Civil Proceedings, 19b7»195Qt p. 57
The Governor issued a proclamation proclaiming Oct.
27, 1947, as Navy Day in Missouri.
NOVEMBER 6, 1&47
From the Register of Civil Proceedings,
The Governor issued a proclamation proclaiming Nov*
10, 1947, as Marine Corps Day in Missouri,
FBBEUABY 11, 1948
From the Register of Civil Proceedings, 1947>*U$Qt p. 108
The Governor issued a proclamation designating Friday*
February 13, 1948, as "World Day of Prayer1* in Missouri
GOVERNOR PHIL M. DONNELLY 617
FEBRUARY 28, 1948
From the Register of Civil Proceedings, 1947-1950, p. 117
The Governor proclaimed the week of March 1 to 7th
as 4-H Club Week.
MARCH 30, 1948
From the Register of Civil Proceedings, 1947-1950, p. 186
The Governor issued a proclamation proclaiming the
month of April, 1948, as Cancer Control Month.
APRIL 2, 1948
From the Register of Civil Proceedings, 1947-1950, p. 1S9
The Governor issued a proclamation designating April 6,
1948, as Army Day in Missouri.
APRIL 10, 1048
From the Register of Civil Proceedings, 1947-1950, p. 148
The Governor issued a proclamation proclaiming the week
of April llth through April 17th as "Public Health Nursing
Week/1
APRIL 21, 1948
From tfc« RegfaUr of CMl Proowdfogs, 1947*1950, p. 148
The Governor issued a proclamation declaring the period
begimung April 15, 1948, and through June 30, 1948, for the
Security Loaa Campaign of the Treasury Department.
618 MESSAGES AND PROCLAMATIONS OF
APRIL 29, 1948
From the Register of Civil Proceedings, 1947-^1950, p. 154
The Governor issued a proclamation proclaiming April
30, 1948, as "Naval Reserve Day" in Missouri.
MAY 6, 1948
From the Register of Civil Proceedings, 1947-1950, p. 1S6
The Governor issued a proclamation proclaiming Sun-
day, April 9, 1948, "Mother's Day in Missouri."
MAY 10, 1948
From the Register of Civil Proceedings, 1947-19SO, *>•
The Governor issued a proclamation designating the week
of May 15-21, 1948, as period of observance of the 30th Anni-
versary of the United States Air Mail Service.
MAY 14, 1948
From the Register of Civil Proceedings, 1947*d$£Q> P*
The Governor proclaimed the week of May 24-29 a&
V, P. W, "Buddy" Poppy Week in Missouri.
MAY 21, 1048
From the Register of Cwil ProGteMng** 1H¥*1$SQ* p« 104
The Governor issued a proclamation proclaiming Satur-
day, May 22, 1948, as "National Maritime Day*1 in Mistouri.
GOVERNOR PHIL M. DONNELLY 619
MAY 28, 1948
From the Register of Civil Proceedings, 1947-1950, p. 167
The Governor issued a proclamation proclaiming the
month of June as "June Dairy Month in Missouri."
AUGUST 23, 1948
From the Register of Civil Proceedings, 19 47-1950, p. 208
The Governor issued a proclamation pursuant to the
Selective Service Act of 1948, setting registration dates under
this act for the period August 30 to September 18, 1948.
SEPTEMBER 3, 1948
From the Register of Civil Proceedings, 1947-^1950, p. 215
The Governor issued a proclamation proclaiming the
month of September "Youth Month In Missouri."
SEPTEMBER 14, 1948
From the Register of Civil Proceedings, 1947-1950, p. £19
The Governor issued a proclamation relative to Missouri
National Guard and Selective Service Act.
SEPTIDMBEB 22, 1948
From th* Reftfatw of GWl Procee$to0*> 1947~19$4,
The Governor proclaimed the month of October, 1948,
as Parent-Teacher Membership Month in Missouri-
620 MESSAGES AND PROCLAMATIONS OF
SEPTEMBER 22, 1948
From the Register of Civil Proceeding, 1947-1950, p.
The Governor proclaimed the period beginning Sunday,
Sept. 26, 1948, and continuing through Sunday, October 3,
1948, as the 18th Annual Religious Education Week.
OCTOBER 1, 1948
From the Register of Civil Proceedings, 194? -1950, p.
The Governor issued a Proclamation urging the citizens
of Missouri to observe the week Oct. 3 through Oct. 9, 1948,
as Fire Prevention Week.
OCTOBER 1, 1948
From the Register of Civil Proceedings, 1947-1950, p. 229
The Governor issued a Proclamation setting aside the
week of October 3 through October 9, 1948, as Employ the
Physically Handicapped Week in Missouri.
OCTOBER 4, 1948
From the Register of Civil Proceedings,
The Governor issued a writ of election, to fill such vacancy
and do hereby issue [and] direct that you cause an election
to be held on Tuesday, November 2, 1948, for the election of
member of the House of Rep. in Congress of U. S.» from Tenth
Congressional District of Missouri, to fill vacancy in Congress
of U. $,» caused by death of Hon* Orville Zimmerman, to fol-
lowing counties: Bollinger Co*; Butler Co*; Mississippi Co*;
Cape Girardeau Co*; Dunklia Co*; New Madrid Co.; Peml-
scot Co.; Ripley Co*; Scott Co,; and Stoddard Co*
GOVERNOR PHIL M. DONNELLY 621
OCTOBER 16, 1948
From the Register of Civil Proceedings, 1947-1950, p. 236
The Governor issued a Proclamation urging that "United
Nations Day" be observed October 24, 1948.
OCTOBER 18, 1948
From the Register of Civil Proceedings, 194T-1950, p. 297
The Governor issued a proclamation designating the week
from Oct. 17 to Oct. 23, 1948, as National Letter Writing Week.
OCTOBER 26, 1948
From the Register of Civil Proceedings, 1947-1950, p.
The Governor issued a Proclamation declaring Wednes-
day, Oct. 27, 1948, as Navy Day in Missouri.
NOVEMBER 10, 194S
From the Register of Civil Proceedings, 1947~1950> p. $47
The Governor issued a proclamation, proclaiming Nov.
10, 1948, as ''Marine Corps Day in Missouri/'
NOVEMBER 10, 1948
From the Register of Cwti, Proceedings, 1947~1&50> p« $48
The Governor issued a proclamation proclaiming the week
beginning November 14, 1948, and ending November 20, 1948,
as ''Plant Walnut Week'1 in Missouri*
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