Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1905-02-04

licenses, 10 present the person 10 fail.
ing before the judge OF the district
court By Information. r'tmmariiy arrest
the parties 40 violating, when they
shall be- punished AZ is already pro-
vlded by law. He IL required TO fur.
nlsh an additional bond In the sum OF
e.. 000, conditioned for the faithful
compliance with the provisions OF this
new act.
The necessity for construction Of the
new act comes In section 8. wherein Il
ls made the duty OF the sherina TO be
The collectors 81 all liquor and gaming
licenses. they shall be entitled 20 re-
tain out OF the . rOceeds Of such H.
ccnaes 20 collected, as compensation
for their services. a commission of 4
per cent, and such licenses shall DO
made and issued as now provided by
law and delivered 20 the sheriff for
collection, who shall receipt for tho
same and Immediately proceed 10 en-.
force collection thereon" Tho sec
tlon goes on 10 provide that after col.
lecting the license money he shall, on
or before the tenth day OF each n,rNtn,
turn over 20 the county treasurer TIE
amount. less his commissions. who
shall make distribution OF the same =
twothirds 10 the credit OF the school
district wherein such license was paid
aud one.lhifd 10 the credit Of the gen.
efal sch0ii fund Of the county, and ".
sue tripllcaie receipts therefor.
Section OF the act In question Is In
conflict with the other portions OF tho
act. and refers to section iib6 OF Tho
Compiled Laws OF 1897. which section
Iapplles entirely to the occupation tax
10 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, aud therefore / do not consider
that section u In force or should be-
considered IN the lasuing ana collect.
lng OF licenses for the selling OF liquor
or gaming.
section repeats all laws and parts
OF laws In conflict with this act and II
made to take effect Immediately after
ms passage. Section q. referred "a
above. provides that such licenses
shall be made and Issued as now pro
vlded by law" I. e., under sections
lii23il23. Compiled Laws OF 1897. Sc
the method OF applying for and issuing
such licenses Is not changed. But the
section Ia positive and mandatory, thSl
the aherlns OF the several counties
shall hereafter be the collectors OF al
liquor and gaming licenses, and pro
vides as compensation for their ser
vices commission OF 4 per cent q
be taken thercfrOm; but this Secs no
deprive the treasurer OF his commits
Sion Chapter co. Laws OF 1897, sec
ton 7, found az page 800, Compile,
Laws OF 1897, provides that the treas
urcr shall be exofficio collector an,
shall receive as full compensation
for an services 4 per cent. of th'
amount of taxes and licenses collecte,
by them" This money for llcense
collected and paid into the treasur,
by the shoriffs entails duty upon tn
treasurer 20 issue triplloate receipts
therefor and distribute the same int
the different tends provided by law
and they are responsible under thel
bonds for It's safe keeping and distri
button.
My opinion therefore Is: That IN
duplication for license for gaming an
the sale OF liquor must be made IN IN
same manner AZ heretofore; that sal
licenses shall be issued In the sam
manner. but the amount OF the llcens
tax In ali cases, whether In incOrpoi
} Atod cities. towns or elsewhere in IN
, county. are TO be collected by the shol
, IN or his deputy, who II entitled to r.
, tain taerefrom per cent. OF tn
amount. the remainder he IL 10 tur
over TO the county treasurer, VINO Is {
distribute the same and Is likewls
entitled to n commission OF 4 per cent
! Very respectfully.
EDWARD l.. BARTLETT.
Solicitor General.