Bisbee daily review., 1906-06-17
Citizens of Benson Are lnCenS- ed at Opinion of District
 Attorney,
WILL RETAIN COUNSEL
 TO TRY THE CASE.
Sheriff Is Instructed Not to Close Alleged DiSordehy Sa- loon at Benson After Ordered to Do So By Board,

There seems to be a difference of opinion between the advice given the sherifrs office by District Attor- ney Flannigan and the decision re- gently rendered by Judge Nave in Graham coanty in regard to the is suance Of liquor licenses by the sheriff. In a decision rendered by Judge Nave, where the sheriff of Graham county refused to issue a license and was sued by the party to compel the sheriff to issue the license. the court held that 1t was op- tional with the sheriff whether he should iss|e the license or not. while on the otler hand District Attorney Flannigan advised the sheriff's office that they had no right to revoke a license and made themselves liable if they did so. The matter came up on the question of the license of one H.. K. Fisher at Benson. At the last meeting of the board of supervisors a petition was presented by :he citi- zens' of Benson signed by nearly all of the citizens of that city as2lif..; that the license of Fisher be revoked as he was running place of dis orderly conduct. The board acted on th, matter and notified the sheriff to cancel the license of Fisher. this was done by Sheriff Hunt and when Fisher refused to close his place of business after tho revoking of his license. Ee was arrested on charge of running a saloon without license When the case was Set for trial II was ordered dismissed on the advise given by the district attorney who in formed the sheriff that he had no right to revoke the license. The mat ter has greatly incensed the feeling of the Benson people in the matter and they are preparing to take hold of the matter themselves. They in- tend to employ the services of a law yer and take the question into the courts.
 The opinion of the district attorney as given to Sheriff Hunt is las fol- lows: eas~- --s--
 ITO R. $. Hunt. Sheriff:
 Dear Sir-You have submitted to ma for opinion, the question as to what procedure it is proper for you to take in reference to a disregard by one H. k. Fisher, at Benson. Arizona. of his notification by the board of supervisors, to the effect that his license to sell liquor had been re- volicd.
 ."The only specific power given to the board of supervisors to revoke a license of any kind is found in Chap ter IT. Title 39. Revised Statutes. Par. :S19 which refers to a business conducted outside of, and within the distance of one mile from any city. town or village of five hundred inha bitants.'
 'F'rom your letter I learn that Fisher Is not conducting business within these limits, but is actually doing business in the town of Ben son, which is not a mining camp. and does not therefore fall within the in hibitions contained in Par. 2S1, Pe- nal Code.
 Under the general power vested in the board of supervisors. (see Sub. 24, Par. 9T3, Revised Statutes); it is possible that the board of supervisors might by appropriate police regula- ton or ordinance, enact rule that might fit the case. provided it was of the general nature, scope and ap- plicability. required by the organic act, prohibiting special or class legis- lation. susrE ra '
 Tt is my opinion that no enforce ment can be had of the order of the board of supervisors in the premises. that it is void and of no effect; that an attempt to enforce it would in any court proceeding be declared to contravene the guarantees of that act as class legislation" Es
 For the reason stated, I therefore advise you to take no further action at this time in the premises.
 Respectfully submitted.
 "ssT E. FLANAGAN, Dist. Atty rtfptafc uEIoDtNnNr