Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1901-05-04
COLLECTION OF LICENSES.
Solicitor General Bartlett Gives
Opinion on New Laws.
DOUBTFUL POINTS CLEARED.

Eullillbl bfil'l a. IT, - bhiNiNhtf upon |
the request of District Attorney Il. c..
Abbot. Of the First judicial district,
has given a written opinion upon the
construction of the new law for the
collection Of gambling and liquor H.
censes. which is Of general interest
and Importance throughout the ter
ritory. The opinion Is as follows.
Hon. L. G. Abbott, district attorney.
First judicial district.
Dear Sir-Your letter to me OF the
goth ult. requesting my opinion on
and construction of c. b. No. 40. APP
proved March 9. 1901. entitled, "An act
To provide for the inspection of gam
ing and liquor places and collection
of licenses. and the n of paying
the commission therefor. whether to
shcrins or treasurers OF the county,
or both" has had my very careful at.
.tcntion. for the reason that n uniform
construction and application of his
law is not only desirable but absolute
~ necessary in the different counties
i'm the territory. as well as In the First
judicial district. and replying | would
say:
The first FIVE sections of the act
make an entirely new law. devolying
the duty upon the sheriff of each coun'
ty to inspect every gaming house and
saloon i'm the county and ascertain
whether il IL provided with the proper
| license. and. quarterly. to report to
the board Of county commissioner his
acts and doings under the new law.
II is further made his duty upon the
discovery of any violation of the H.
censc law or failure to comply with the
law now in force in regard to said H.
censes. to present the person so failing
before the Judge of the district court
by information. summarily arrest the
parties so violating. when they shall
be punished as Is already provided by
law. He 10 required to furnish an al
ditional bond In the sum OF $4,000,
conditioned for the faithful compliance
with the provisions of this new act.
The necessity for construction OF
the new act comes In section q, where
In IL Is made the duty Of the sherifs
to be the collectors OF all liquor and
gaming licenses; they shall be entitled
to retain out of the proceeds OF such
licenses so collected. as compensation
for their services. a commission OF
four per cent. and such licenses shall
be made and Issued az now provided
by law and delivered to the sheriff
for collection. who shall receipt fol
the same and Immediately proceed e
enforce collection thereon The sec
ton goes on to provide that after col
| lecting the license money he shall. OF
or before the tenth day Of each month
turn over to the county treasurer thu
amount. less his commission, wh'
shall make distribution OF the same
two-thirds to the credit of the schoo
district wherein such licenses wer'
paid, and onc-third to the credit of tn
general school fund of the county. ant
issue triplicate receipts therefor.
/, Section Z Of the act In question /
IN conflict with the other portions o
1.-THE act. and refers to section 4l56 q
the Complied Laws OF 1897. which sec
: ton applies entirely to the occupation
, tax for carrying on business other tina
gaming and the sale Of liquor, 70
which latter occupations special pre-
visions are made in other parts OF tn
law and therefore ! do not conside
that section Z Is in force or should b
considered in the Issuing and collect
ing of licenses for the selling OF liquo
or gaming.
Section 3 repeats all laws and part
Of laws in conflict with this act and
made to take effect Immediately afte
It's passage. Section q, referred I
above, provides that such license
shall be made and issued as now pro
yided by law" |. g. under sections Az
1926, Compiled Laws of 1897. So tn
method of applying for and issuin
such licenses is not changed. But tn
section Is positive and mandatory, tina
the sherins of the several countie
1T .-s... L.. tLa gnlInAtnYg ~ N
liquor and gaming licenses and pre-
vides as compensation Tor their SCI
vices a commission Of four per cent I
! be taken therefrom; but this does nc
V deprive the treasurer of his commits
! sion. Chapter 60, laws of 1897, sectio
I. found at page 30i. Compiled Laws @
{ 1897, provides that the treasurer sha
{ be eX-onicio collector and shall r,
! ceivc as full compensation for all Sc
d vices four per cent OF the moun c
taxes and licenses collected by them,
This mono for licenses collected an
> paid into the treasury by the shcrin
u entails n duty upon the treasurer I
! issue triplicate receipts therefor an
: distribute the same into the differeI
5 funds provided by law, and they al
= responsible under their bonds for II
/ safe keeping and distribution. NJ
: opinion therefore is: That the app
cation for licenses for gaming and Il
sale of liquor must be made In Il
If same ann as Heretofore; that saI
Y licenses shall be issued in the san
manner. but the amount of the licen'
tax In all cases, whether in incorpor
4. ted cities. towns, or elsewhere In u
= county. are to be collected by the she
n III or his deputy, who is entitled to 7
tain therefrom four per cent OF Il
amount, the remainder he is to tut
n over to the county treasurer who
TO distribute the same and is likewii
entitled to a commission of four p
r cent. Very respectfully,
- EDWARD l.. BARTLETT,
e Solicitor General,
lI All w lnNInr Of North ArnA