Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1901-05-11
OF LICENSES.
Solicitor General Bartlett Gives
Opinion on New Laws.
DOUBTFUL POINTS CLEARED.

NOlititur NtucfNl u. T. hnftlDtt, upon !
the request Of District Attorney q. G. |
Abbot OF the First judicial district. |
has given n written opinion upon the
construction Of the new law for the
collection of gambling aud liquor ~.
Ccnsos. which is ~ general interest
and importance throughout the ter.
ritOry The opinion Is az follows
Hon r G. Abbott district attorney.
First judicial district
Dear Sir-Your letter 90 me OF the
Both ut, requesting my opinion ON
and construction of &. 10. No. 80. ap
proved March 9. 1901 entitled. An act
20 provide for the inspection Of gam
ina and liquor places and collection
~ licenses and the manner ~ paying
the commission therefor whether to
Fhcrins or trpasurcrs Of the county.
or both has had my very careful nt
tcntion. for the reason that a uniform
construction and application Of this
law is not only desirable but absolute.
~ necessary In the different counties
Ia the territory a. we'll az In the First
judicial district and replying ! would
say
The hrst Eve sections " the act
make an entirely new law. deyolving
the duty upon the sheriff 81 each CUun.
" to inspect every gaming house and
saloon In the county and ascertain
whether Il IL provided with the proper
license. and. quarterly, 90 report 90
the board OF county commissioners his
acts and doings under the new law.
Il h. further made his duty upon the
discovery Of any violation OF the II.
cense law or failure to comply with the
law now Ia force Ia regard 20 said II.
CenHes. To present che person so failing
before the Judge OF the district court
by Information. summarily arrest the
parties SO violating. Shcn they shall
be- punished az Is alroad" provided by
law lie Is required 10 furnish an ad
ditional bond la the sum Of 81 600
conditioned Tor the faithful compliance
with the provisions Of this new act
The necessity for construction Of
the now act comes i'm section q, whor,
Ia Il h. made the duty ~ the sherifs
to be- the collectors ~ an liquor and
gaming licenses. they shall be- entitled
Ia retain out OF the proceeds Of fuch
licenses so collected. as compensation
Tor their services commission Of
four per cent. and such licenses shall
be- made and issued as now provided
10y sw aud dcuvcrcd 90 ,ho sheriff
for collection. who shall receipt for
enforce collection thereon The sec.
ton goes on 10 provide that amer col.
lccting the license money ho shall ON
or before the tenth day Of each month
turn over To the county treasurer the
amount less his commission. who
shall make distribution Of the same
two-thirds 60 the credit uf the school
district wherein such licenses were
paid. and one-third 20 the credit OF the
general school fund of the county. and
issue triplicate receipts therefor
Section OF the act In question ~
In conflict with the other portions OF
the act, and refers 90 section tl56 OF
the Complied Laws OF 1897. which sec.
ton applies entirely 10 the occupation
tax for carrying on business other than
gaming and the sale Of liquor. for
which latter occupations special pro
visions are made In other parts OF the
law and therefore / do not consider
that section 3 is in force OF should be
considered IN the Issuing and collect.
INK Of licenses for the selling Of liquor
az gaming.
Section 9 rcpcaly an laws and parts
81 laws In conflict with this act aud ia
made to take erect Immediately after
It's passage Section IT, referred %
above provides that such licenses
shall bee made and issued M now pro.
Vided by law, T. q. under sections il2j-
4l25. Complied Laws Of 1921 So the
method of applying for and issuing
such licclscs is not changed. But the
section is positive and mandatory. that
the sheriff. OF the several counties
shall hereafter be- the collectors of all
liquor and gaming licenses and pro.
NidOs as compensation Tor their ser.
vices commission of four per cent 10
be- taken thcrcfrom, but this does not
deprive the treasurer OF his commits.
sion Chapter go. laws OF 1897, section
T. found az page 30i. Compiled Laws Of
1897 provides that the treasurer shall
De eN.nniciu collector and shall re-.
Ceiyc as fun compensation for all ser.
vices four per cent of the amount Of
taxes and licenses collected by them "
This money for licenses collected and
paid into the treasury boy the sheriff.
entails "A duty upon the treasurer to
issue triplCato receipts therefor aud
distribute the same into tn different
funds provided by law, and they are
responsible under their bonds for rs
safe keeping aud distribution. MY
opinion therefore Is. That the appl-
cation for licenses for gaming and the
sale 81 liquor must De made In the
same manner as Heretofore. that said
licenses shall be- issued ia the same
manner hmi the amount OF the license
tax la AN eases. whether in lucurpora-
ted cities, towns, or elsewhere IN the
county. are Co boz collected by the sher
~ or his deputy who is entitled to re-
tain therefrum four per cent uf the
amount. the remainder ne is 60 turn
over to the county treasurer who is
to distribute the same and is likewise
entitled 10 commission OF four per
cent Very respectfully.
EDWARD l.. BARTLETT,