Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-06-25
: STAT
jOR LICENSE
Al 1ey General Sweeney renders an
Mon in the O"o- ion CT Fees.

Al 1ey General Sweeney renders an
Mon in the O"o- ion Ct Fees
: following 0pi"iCn from Attorney
G. al Sweeney relative to the ques,
ion If the collecto~ of state liquor
lie under the new law is self
explanatory.
Carson City, Nevada, June "a, 'O5.
Hon. Sam P. Davis. State Controller
My Dear Sir
Your missive SUD-
mitted for my official opinion on the
following query, duly consideredd.
desire your opinion as to whether
or not the Sheriffs or License collector
of the various Counties are entitled
pS1sonaly to retain six per cent Of
~the total License collected by them
under the Act of the Legislature,
approved March Is, 1905, entitled,
Ar Act to provide revenue for the
support of the government Of the
State Of Nevada, and to repeal certain
Acts in relation thereto;' said Act -
short being an Act providing for a
state License upon all persons DIS
pc ing at wholesale or retail of spirit
nous liquors within the State.
An examination Of the Act referred
10 in your letter discloses that it is
the duty OF the Sheriffs of the re.
spective counties Of this State to make
quarterly statement and settlements
to you in the matter of the license
which they are authorized and re-
qUired to coliecf from all persons
doing a whole sale or retail liquo.'
business within the State and that
each Sheriff is required to pay into
the State Treasury quarterly all
monies by them severally collected
for such license. Section Of the
Act in question makes it a misde-
meanor for any Sheriff or License
Collector to refuse to collect this State
Liquor License as provided in said
Act, punishable by fine of not less
than 500 nor more than $500, or
by Imprisonment in the County jail
for period not less than so days nor
more than six months or by both such
line or Imprisonment for each and
every offence. and further provides
that if any Sheriff fails, refuses or
neglects to collect said license he shall
be punished as aforesaid and if con
victed, in addition to the punishment
above mentioned shall forfeit his Office
ne Act in question makes it the
duty of the State License and Bullion
Tai Agent to enforce the paymen,
and collection of the license herein
provided.
In those counties where the Officers
work on a fee system or basis under
Section 1905 of the Compiled Laws of
Nevada, they are entitled to retain
six percent of the license money col
lected under the Act referred to in
your query: 1t is my opinion after
carefully considering our Statutes and
and authorities which are in point
on the query under consideration, that
in those counties wherein the salaries
Of the various officers are fixed by
a statute, they are not entitled to re-
tain any part of the fees collecte
by reason of their official position
but are obligated to turn all the money
collected from such licenses into on.
Size treasury. In short, to be ex
plicit, those counties wherein Sheriff.
are paid stipulated salary with tho
expressed provision that they shat
retain no part of any fees coming t.
them by reason of their official positi
Ons, such Sheriffs are not entitle;
to retain any part of the license none.
collected under the act in question
1t is well established principle O
law that the services OF public
officer are gratitOus unless compe1
sation is authorized by statute; tina
the public officer must perform dutie
required of him by law and that h
must look to the statutes for his con
pensation. If it provides none the
his services are gratuitous
Respectfully Submittej
James Sweeney.