, 1900-05-22

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Of each county to furnish all licenses
and collect all monies for the same, and
while section 2152 requires all licenses
to be prepared by the county clerk
and to be delivered to the sheriff of
the county wherein they shall be is.
sued, the law is silent on the question
as to whom a party requiring a license
shall make application for the same.
Let us now examine the question in
the light of the powers conferred by
law upon the board of county commits
sioners. Section 1855 provides: The
powers of the county as n body polite
and corporate shall be exercised by a
board of county commissioners, and
under the 5th CLAUSE of section 1857
the board of county commissioners
represents the county and has the care
Of the county property, AND THE
MANAGEMENT OF THE BUSINESS
AND CONCERNS OF THE COUNTY
IN ALL CASES WHERE NO OTHER
PROVISION IS MADE BY LAW. This
last clause is very sweeping and far
reaching in its effect upon the juris-
diction of the county board, so that If
the law is silent in naming the officer
who shall grant a liquor license, or,
in other words. order the same TO be
issued, we see at once that this power.
..-Ja. -,r 1nur t- nrnhlhlV vested IN
the board of county commissioners.
Assuming, then, that the board o.
county commissioners has the authori-
ty for passing upon the question OF
issuing liquor license, it would be ma
tural and in harmony with the other
provisions for the county clerk to pre-
pare the same and deliver the licensa
to the sheriff to collect the money.
Section 2153 also provides that the
county clerk shall submit for the in
spection of the board of county COM
missioners at each of their regular ses-
sions a faithful and correct abstrac.
full information of all Ii
censes so issued to the sheriff. 1t will
noticed that the language, for the
Of the county commission
ers,' is used. Section 2154 also re-
quires the county treasurer to furnish
the board at each of its regular ses-
a full and complete statement of
all monies received for licenses, and
section 2161 among other things pro-
vides: If any sheriff fail from auses
not within his control to collect the
amount payable on any license, such
license shall be returned to- the county
treasurer, and it shall be the duty of
the county treasurer to note the fact
of such failure and to return the H.
t the office of the county clerk
and at the ext regular session OF the
county commissioners said license
shall be Cancelled or destroyed by said
board OF county commissioners, and
not by the county clerk.
1t is very evident from the refer
ences made that the county commits
sioners have a supervision over this
whole matter; otherwise, why should
the county clerk be required to furnish
full information for the boards ex-
animation and inspection? Why, also
should the county treasurer be requir-
ed to make a FUN and complete state
ment to the board in reference to Ii
censes? Why. also, should the board
have the power to destroy or cance'
licenses where the sheriff has failed
to collect the money from any cause?
Assume, then, that the board Of
county commissioners has the gener-
al control Of ordering a liquor license
to issue, we find that all the other pro-
visions would be perfectly clear. For
example: G) The board orders the
license issued. (2) The county clerk
prepares the license. go The county
treasurer countersigns the same. 4)
The sheriff collects the money on the
same and makes return Of the same
to the county treasurer. (5) In casa
the sheriff fails to collect the money.
the board Of commissioners cancels
the license. Here is a perfect system,