Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-10-28
LICENSE MONEYS
FOR THE SCHOOLS
Superintendent HadIey Sc
cures Important Opinion
Attorney General.
THE LAW FIXES MINIMUM

Superintendent Of Public ms,ruc.
lion Hiram Hadley recently addressed
number OF questions to Attorney
General George W. Prichard. In refer.
cnce TO the Interpretation OF the stat.
uten regulating the collection and dis.
position 81 LIQUOR and gaming ~
censea, and since they are questions
which come up IN ,vefy precinct. dir
trlci and town IN the territory. The
Evening Citizen herewith reprints tho
opinion of The attorney general.
omco Of George W. Prlchard. ator.
ney general. Santa pc. 4. N.
Hon. Hiram Hadley. Superintendent
Of Public Instruction, santa Fe.
N. a.
Sir ana ln receipt Of yours o. the
18th inst, in which you ask the lOl.
lowing questions and solicit by opin.
ION thereon.
4 u there a general territorial law
liking a uniform price Tor all saloon
licenses, gaming table licenses. etc. ?
2 n there Il such q law. what p0r.
ton ~ the proceeds aCcruing there.
from goes 20 the school fund9 Does Il
80 into the general school fund of the
county, or into the funds Of the school
districts In which the place is sitd.
ated3
3 DO Incorporated towns and cities
have tho power to Increase the price
referred to in No. ~
A -. ii -
crease 20 10 the school fund OF said
town or city,
In answer 10 question No. I. have
90 say that section ii2f G. l.. 1897.
hXes uniform price Tor retail liquor
licenses. BY that section. BEFORE a u.
cense 10 do business IN a precinct.
village. town or city. having not more
than 500 inhabi,ants, is issued. there
must be paid by the applicant a tax
OF 500
Whore the inhabitants OF pre-.
cinct. town. village or city are over
800. and not more than 1909, the tax
10 $500.
Where the inhabitants OF a precinct,
town, village on city are more than
1000. the tax Il 940O
The above section was amended by
the last legislature. See section
page 321, OF the session laws OF 1905
but this amendment does not gffevi
the point involved IN your inquiry.
Section 1906 OF the Compiled Laws
OF 1897, fxes q uniform tax for keep.
ing gaming tables. II Il provided that
there shall be assessed aud collected
In the manner prescribed by law as IN
the case Of other licenses. tax Of
$500. for a period OF twelve month";
10 be paid In advance upon each gam
ing table, or apparatus OF any kind
whatever.
In answer to question No. 2. You
are advised that the taxes on liquor
and gaming licenses are collected bl
the sheriff and are turned over by him
20 the county treasurer, whose duty %
is TO dispose OF the same as follows
Two-thlrds thereof 60 to the school
district from which the tax Or license
came or were paid: one-thlrd goes
10 the general school fund OF the
county. See section q. page az, SEES.
sion Laws OF 1901.
IN answer to question No. B. You
are advised that Incorporated towns
and cities have the power TO issue a
license aud collect a tax for selling or
giving away Intoxicating liquors With
In the limits Of the incorporation and
also have the right 10 regulate gam
ing and issue a license and collect a
tax for the same In addition 90 the H.
cense issued and collected thereon by
the territory.
Answering your last question,
have 20 say that under Section 2a06,
Complied Laws 1891, al moneys col
lected for licenses granted by an In
corporated town or city. are 10 be
paid 10 the treasurer OF the lncorpora-
ton AZ such time and In such manner
as may be- prescribed by ordinance.
| flnd no statute requiring the funds
to be- used IN whole or.ln part for the
public schools. The school board OF
any Incorporated town or city Is en-
powered To- levy r. tax fer the sup
port OF the public schools In addition
10 the general levy made for school
purposes hy the county but this has
no reference 10 the tax paid on &C.
count Of the license granted by town
a city Tor selling Intoxicating liquors
and keeping gaming tables. Yours
very respectfully,
GEO. W PRlCHARD.
Attorney General