Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-05-03
GAMING And
LIQUOR LICENSES
An Interpretation By Solicitor General E.
L. Bartlett of the New Law Referring
to Their Collection.
SEVERAL DOUBTFUL POINTS CLEARED

| the request or DlStTlct Attorney II. Y
Abbott, has given a written opiniol
upon the construction of the new lav
for the collection of gambling and liz
uor licenses, which is of general inter
est and Importance throughout the ter
rtory. The opinion is as follows:
Hon. e. C. Abbott, district attorney
1st judicial district.
Dear Sir: Your letter ito me of tht
Goth ult., requesting my opinion ON ant
construction of C. B. No 40, approved
| March 8, 1901, entitled "An act to pro
vide for the inspection of gaming anc
liquor places and collection of licenses
mission therefor whether to sheriffs on
treasurers of the county of BOTH" has
had my very careful attention, for the
reason that a uniform construction
and application of this law is not only
desirable but absolutely necessary In
the different counties i'm the territory
as we'll as in the first Judicial district
and replying I would say:
The first five sections of the act
make AN entirely new law, devolving
the duty upon the shejriffs of each
county to inspect every gaming house
and saloon in the county alud ascer-
tain whether it is provided with the
proper license, and, quarterly, to re-
port to the board of county commits
sioners his acts and doings under the
new law. 1t lis further made his duty
upon the discovery of any violation of
the license law or failure to comply
said licenses, to present the person so
failing before the judge of the district
court by information, summarily ar
rest the parties SO violating, when
they shall be punished as is already
provided by law. He is required to
furnish an additional bond in the sum
of $4,000, conditioned for the faithful
with the provisions of this
new act.
The necessity for construction of the
new act comes i'm section 6, Wherein 1T
is made the duty of the sheriffs "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
commission of four per
cent, and such licenses shall be made
and issued as now provided by law
and delivered to the sheriff fnr collec-
hn CHI MI
and Immediately proceed to enforce
thereon" The section goes
ON to provide that after collecting the
license money he shall, ON or before the
tenth day of each month, turn over to
the county treasurer the amount. less
his commission, who shall make dis
tribution of the same-two-t thirds to
the credit of the school district where
in such licenses was paid and ONE
third to the credit of the general school
fund of the county, and issue triplicate
receipts therefor.
Section of the act i'm question is in
conflict With the other portions of the
act and refers to section 4156 of the
CtNlllplleu LAWS III IoJi. WHICH eGClOuL
applies entirely to- 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 I do NOT consider
that section is i'm force or should be
i'm the issuing and collect
ng of licenses for the selling of liquor
u gaming.
Section 9 repeals all laws and parts
pf laws in conflict with this act and is
made to take effect immediately after
It's passage. Section 6, referred to
above, provides "that such licenses
shall be made and issued as now pro-
viiaed by law" i. e. under sections 4123-
l125, Compiled Laws of 1897. So the
method of applying for and issuing
such licenses is NOT changed. But the
section is positive and mandatory, that
shall hereafter bel the collectors of all
liquor and gaming licenses and pro-
5ides as compensation for their SER
1ices "a commission of four per cent 20
ye taken tIherefrom; but this does mot
deprive the treasalrer of his, commits
sion. Chapter go, laws Of 1897, section
, found at page 304, Compiled Laws of
S97, provides that the treasurer shall
De ex-officio collector and "shall re-
,eiVe as full compensation for all SER
,or, omit Cf 40 n mn ,f
axes and licenses collected by Them"
rhis money for licenses collected and
1aid into the treasury by the sherilfs
sntails duty upon the treasurer to is
'ue triplicate receipts therefor and dis
tribute the same into the different
'unds provided by law, and they are
under their bonds for its
safa keeping and distribution. My
opinion therefore is: That the applica-
ion for licenses for gaming and the
sale of liquor must be made in the
same manner as heretofore; that said
licenses shall be issued I'M the same
but the amount of the license
AK in all cases. whether in incorpora-
ted cities, towns, or elsewhere in the
are Ito be collected by the sller-
IF or his deputy who is entitled to re-
tain therefrom four per cent of the
amount, the remainder he is to- turn
over to the county treasurer who is to
distribute the same and is likewise en-
titled to "a commission of four per
cent. Very respectfully,
EDWARD L. BARTLETT,
Solicitor General.
Parker Wins