Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-07-30
Attorney-General Bartlett gives
Opinion as to Commissions
on Licenses.
DEBATED P0lN rs.
Nothing to Collector, bat Asses
sor gets Commission ON LII
quor and Gambling
Licenses.
NO FEE ON SCHOOL LANDS

Upon the request Of Travelling Aud
itor Charles v. Stafford for official opin-
ions upon three important questions
involving the allowances OF commits
sions to the treasurer and ex-ofdcio
collector, the sheriff and the assessor
Of each county upon collections OF
LIQUOR and gaming licenses. and GER
tain school funds, Solicitor General
Bartlett has rendered opinions upon
the subjects. These are three in num-
ber, dated July 25th, 1903. They are
Of much interest to the people and
county officials, are published:
Four Per Cent Commission to Col
lectors and Ex-officio Treas
urers Not Allowed.
In response to your inquiry as to-
whether county treasurers and col
lectors are entitled to per cent CON-
mission upon liquor and gaming II.
censes, under section 6, chapter 10,
laws Of 1901, and the other laws gov
erning such licenses and the COM
pensation to be paid treasurers and
ex.oficio collectors, would say, that
section OF chapter 10, laws Of 1901.
I sexpreaalx snakes the sheriifs Of the
several counties the collectors OF all
liquor and gaming licenses and author
lies them to retain out of the licen-
ses so collected commission upon
such licenses. The proceeds Of these
licenses are to be turned into the
county treasurer and not to the col
lector. The compensation Of per
cent is allowed to the treasurer and
ex-ofiicio collector npon all taxes and
licenses collected by him. It cannot
be said or inferred that the ex-officio
collector has collected any of his
money when that duty is specifically
imposed upon the sheriff and COM
mission Of 4 per cent allowed to him
for his services"
Commission Allowed Assessors.
your favor yesterday asking my
Official opinion as to whether the coun-
ty assessor has the right to collect
from the school fund a commission of
4 per cent or any other sum for is
suing liquor licenses is received, and
in reply would say, that chapter 10
Of the laws Of 1901, in section 6,
provides that the sheriffs Of the sew
eral counties shall hereafter be the
collectors Of all liquor and gaming
licenses, and to retain out of the pro-
ceeds q commission of 4 per cent
Twothirds Of such collection to be
paid to the credit Of the school dis
trict in which the same is collected,
and the remaining third to the credit
Of the general school fund. The same
section provides that such licenses
shall be made and Issued as now
provided by law The provision Of
law for issuing such licenses is found
In section 4156 q amended by the
laws Of 1901. chapeer So. making such
license annually urly, and chapter
10s, section s, specifically amending
this section 30 as te,make II the duty
Of the assessor to aasess the amount
Of tax.
The assessors ars allowed per
cent upon all moneys collected upon
assessments made by them by sec.
tion 1894. compiled laws OF 1897, as
amended by chapter Is. session laws
OF 1899.
Therefore, am Of the opinion that
the assessor is entitled u this COM
mission upon such licenses. and also
Zee OF so cents, as provided by laws
OF 1901.
For the Information of Your ofYice,
hand you herewith. copy of an opin-
lon given by me on the 18th Of March,
1902, which Is still the law as follows:
No Commissions Allowed Upon Public
School Funds from Land Sales.
I'm reply to your communication
stating that some collectors have been
In the habit Of taking out 4 per cent
commissions upon moneys coming
into their hands derived from the
lease Of school lands and s per cent
from the proceeds Of sales Of public
lands by the United States govern