Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-09-25
HE SAYS IT is VOID.
pIvEs ms REASONS AND QUOTES
AUTHORITIES TO SUPPORT
ms POSITION.
Tar Collectors Are instructed Not 40
Issue prize right Tax Receip"
10 Any one.

Aua,in. Tex, spet. spcolaD.-
The comptroller this afternoon gave
out for publication correspondence be-
tween the tax collector of Mchennan
ana Hayes c0untien and his depart
ment anout the Corbott-Fltzslmm0n
prize eight. Tho tax collectors OF these
counties wrote the comptroller on tho
gist and 23d instant. respectively; tho
frat to know " no was authorized TO
Issue llcenso, and what his duty was
ia the premises, ana the last applying
for three occupation tax receipts for
lights between man and man. The
comptroller declined 10 send the occu-
patton tax receipts after submitting
tho ulgatlou to Attorney General
crane, who responded as follown
Office Attorney General. Austin.
Tex. Sept. ~, 1890.
Hon. r. W Finley, comptroller, cap
itul, Dear Sir. Referring Ia yours oI
recent date from tho tax collector "t
McLrnuau county, / beg to say that la
my opinion the statute licensing Nights
between man nnd man ~ not now IN
force. II was repenltd by the act OF
1881 Ny understanding rs that when
Htattttea are brought forward IN a
revision they occupy the Same rela-
tive position that thoy ala before
Sutherland on statutory construotlgn,
Sec. lGl' Wynn w. Jones' o Leigh, 20
Exparto Roy Defoe. a. Ala, n Grnez
w. Mckenzie, . Warrington. l9i! Mo-
bile Savings Bank w. Patty 40 Fed.
Rep 'dl' sixth U. $, circuit court.
Rep. G0a
.Iudgp Hurt has recently delivered
an opinion w u habras corpus ease IN
which nr sat na Judge ot AN cNnmln-
ing court, contrary TO the view here
cNpremiod, lie quotes from bIthet-
land substantially IA follOwH.
Thht where two statutes In parl
mntorin, originally enacted at dlncr4
Ont periods OF time are subsequently
Incorporated in a revision. ana recon
acted In substantially the same ans
guaEc, with the design OF accom-
pllshlng the same purpose they origin
ally intended 10 produce tho times
when they nrut took effect VIII be as
certalned by the courts, and effert
viii be given to that which Is the lat
toHt expression OF the viii OF tho leg
isluturc II thcy are not harmonious,
The appearance ut such statute In
the form aud body VI revision has
no other erect than to continue II In
force, iln said In that opinion that
those provisions evidently referred to
iva Htptutea Ia force at the time OF
the revision, ! cannot understand how
1t " pusaible FOR two conflicting pro-
visions OF "a statute In pRrl mHtcrip.
enacted at different times "a be In
foree at one and the same time.
Therefore Judge Hurts supgesilon
that u must refer To two statutes Ia
fQrce at the same time. though con.
lilcung, u not supported by any log
Zeal reason, You are therefore re-
npeetfully advised that Ia my opinion
you have no authority To- issue any
occupation tax receipt licensing nght
between man aud man. Indeed ! think
II might Wen he doubted whether the
statute wnU not always void In that
u waH contrary 90 public policy " not
to the constitution itself Il you H.
oehae man 10 night that IN to any
ilsht between man und mRn-rthe
statute does not even seem to give YOU
thv privilege of saying whether The
hghl ahall be with bare knuckles. with
gloves with knlves or with pistols
Indeed they hnve the right to urhi
They hrn chartered lbcrlnos 10 that
eNtent and I presume they ouuh, IL
Ice permitted to select their own wea,
ponH aud To light In their own way
Yours truly NJ NJ. CRANE.
Attorney General