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Full text of "The Messages And Proclamations Of The Governors Of The State Of Missouri Volume XVI"

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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 Misiotm 11 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^prftcntfttiv<i ...... 118 

To the $m&U ,...*....,. 181 

To tht Hount of ^pr^snUtivt> 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 . 10 

Veto Recorded with the Skerttar^ of Stalt , , , * 18 

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 R0cordd 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 Snt ........... 861 

To the Senate * ,861 

To thu gfeaatt ........... 868 

T the Senate .......... 888 

T0 is Senate 64 

Ta tht Senate .......... 6 

To th Stnutu ........... 866 

To th Senate , * Sflt 

To th Stnate ........... 167 

To tlie B<jnnte S8 

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 .......... St 

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 Houe of Etprwxtatlve 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 0crtmry 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 .......... 41 

To th* Smate ........... 462 

To th ff^mte .......... 48 

To th i^ale . . . ........ M4 

To th0 Senate .......... 4ft 

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 RprwnUttv* ..,.. 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 8nato * 648 

To the Senate ........... 548 

To th Bsn&tt *,....... 649 

To the 8nate ........... 660 

To the Benftte .......... 861 

Ta the Banatt ...,*,.... W2 

To th ^ntt .......... 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 Stitt ........... 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 l f 1048 **>.. f B97 
ilawh 7, UMft .......... HT 

March 8 f 19 . . ..... . # . t 598 

Mi^eli Ut 1941 .......... IM 

Mnroh i% 194$ .......... 598 

Apfl 4, 1N ***.,,* IMW 
Aprfl f 1S| ...... 

A$rfl 18 t 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 19 t 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 

Aujrwt 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, 145 .......... 606 

i, 14 ......... 606 

S # 104i **.**** 6W 



March 8 1046 ...... * . 6M 

M^rth IS, Ii4i . ......... 6M 

March 23, 1046 ...... 8ft 

Mftfth M v iMW .......... 007 

April l f 1946 ........... 607 

April I 9 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 8 t 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 

Sptemtw 11, 1947 ..,,,..,, iiS 

Btpttmbtr 15 f Ii47 , lg 

Stpttmbtr 18, 1947 ...... , , , 616 

fift pttmbtr 24, 1947 ...,,.. . t 18 

Sipttmbtr 80, 194f ....,.. t 18 

SiptiaAtt m t 1947 .......... 816 

CteWbtr 9 P 1947 * t 116 

Oetobr 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 22 f 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 

Novmbar 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 **god 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 Donnelly 1 ! 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 Gownim 1 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 grouphe 
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 $39,2SQ000,0Q* 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 $8265,0G0,00 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 45 t 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 "officer 1 * 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 $4650>- 
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 $5000r 
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.) 5lt f 
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 $500 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, 10327b f 
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 l f 1940 f 
and ending June 30, 1947, and prior years/ 

H It 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 Rpr&8$ntativ&8 f 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, 838 f entitled: 

**AN ACT 

l4 To 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 Missouri 1 * 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. ReS p ec tf u u y 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 8 f 
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#nate f 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. 4 l 



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 M for 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 $200 t OOO- 
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 crime f 



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 Cmr t 
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$ Sn&t$ t pp $$%$$$ 



Bxcwm& 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* 66 f 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 7 t 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&te f 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 Soldiers 5 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, I47 
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, 
10370 f 10374* 10390, 10392, 10393, and 10397, of Article 
2 Chapter 72, Revised Statutes of Misouri t 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, 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 "institution 1 * 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 



E3ccuTiv 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$prmnt&1&o&8 9 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, 105 f 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 Cm t 
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& 



Bxcimvn 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$pr&8$ntative8 f pp. 



To the Senate and House of Representatives of the Sixty~fourth 
General Assembly: 

Before this General Assembly recessed on July 14, 1947 f 
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 297 f G00,00 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 $27Q00QQ 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 $l f 050- 
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, 

Pbroixy 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- 
tions f 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 1949 f 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 

M To 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&t4 t 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: 

4I AN ACT 

*To amend Section 8780 f Article 3 Chapter 38 t 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 10361 f 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, 1939 f 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 I f 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 Sn&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 



T