The Birmingham age-herald., 1907-04-05
Such is Ruling of Attorney
 General A. M. Carber
SUGGESTS AN ADJUSTMENT
MT. Garber Also Makes an Important Ruling as to the Leaning of Money
 By Farmers and Mer-
chants.


 the increased license imposed by the state for this year, although they may have paid the fees heretofore exacted. How ever, he suggests that as such provision may have the effect to put some of them out of business the matter might be taken up by the board of compromise and ad- justed with justice and right to all.
 Another important ruling is that the loaning of money by farmers and mer- chants with whom they are doing business is not lending business within the law, as regards money lending licenses. It is also held that men seeking immigrants for private corporations may ride on l passes. The opinions are rendered the governor and the auditor and interpret the new revenue code. They are as follows: Famous Revenue Act.
 House bill 610, section 24, of this act is as follows That this act take effect from and after it's passage and approval. The act was approved March :. 1907, and therefore advise you that the same be- came effective on the date of it's approval. In several instances the amount of the licenes tax required by the previous reve- nue laws were increased and licenses were required for many businesses enu- merated in the act which were not here tofore subject to license tax. The fol- lowing provision is found in the act ap- proved March 1, 1903, general acts 1903, page 231: Provided, that whenever a license for the current year has been paid and the license required by this act exceeds fha of 1ipancn maid fla paid shall be allowed as a credit on the new license for the current year
 Wherever, therefore. the present reve- nue law amends the law of March 1, 1903, by increasing the amount of the license tax fixed by the act the amount paid shall be allowed as a credit on the new. or increased license required by the present law for the current year. Ordinarily laws increasing the amount of license taxes are not retroactive, and in the absence of any legislative expression where a license has been taken out and paid for, and subsequently, the license tax has been increased, the increased license can not be exacted for the licensee but sections ,, G. [. 9, 10 16 and IS of the act of March l. 1907, purport to amend sub divisions of section 4122 of the code as amended by the act of March 1, 1903, and such amended subdivisions must, there fore, be read into the act of March 1. 1903 and when so read and considered the license taxes therein provided wher- ever increased become subject to the provision contained in that act and which I have quoted above.
 "In some instances the present revenue law requires license tax to be paid for engaging in a business not heretofore subject to that tax, and in all such cases such license tax is due and payable by any person, firm or corporation engaged in such business after the approval of the act of March :, 19O7
 Future Dealers.
 Where licenses have been taken out and paid for under the old law and such licenses have been increased under the present law a hardship may result on count of a change of the law to some of the businesses affected, particularly that of dealers in futures. The license has been increased fro mthe maximum amount of $50 0to 5000. No doubt contracts have been made in connection with that bus mess and large liabilities incurred which would make it negotiable to require such persons to cease business in case this li- cense is not paid, and under such condi- tions l suggest that the question be pre- sented to the state board of compromise for such consideration as may seem just under the circumstances.
 ''H. E. 611-This act contains the fol- lowing provision No corporation required by the provisions of this act to pay a franchise tax, which corporation shall have paid license taxes for this current year, as provided by the corporation laws now in force in this state, shall be quired to pay franchise tax under this act before the first day of January, 1908.
 You will. therefore, observe that the provisions of this act do not apply to those foreign corporations which had paid a franchise tax for the current year under the laws, in force on March r. 1907. But as to all foreign corporations admitted to do business in this state after March :, 190I the act applies, and such corpora tions must pay the franchise taxes re- quired therein and otherwise comply with it's provisions.
 Poll Tax.
 "H. E. Gl2-The latter part of this act, beginning with the words: After the aud itor shall have charged the collectors with all poll taxes collected by him and checked the same by the said stub, he shall return said stub book to the judge of probate of said county, in which said poll taxes were collected for record and filed in his office There is nothing in the act fixing the time when it shall go into effect It is remedial in its nature, and therefore the general rule Applies, and it became operative from the date of it's approval by the governor
 'Wherever it is practicable to apply the new feature of this statute during this year the tax collector should do so. In other words, the statute is in force and imposes upon the tax collector the duty of complying with the same where he has not acted under the law as existed before March I, 1907.
 Solvent Credits.
 I'll. B. 614-Ths act expressly makes the property therein described subject to taxation for the year 1907. The tax year of 1907 runs from october l. 1906, to Sep tember SO. 1907. All property of that de- scription should be assessed and the taxes collected thereon when due, viz: October 1. 1907 (This act makes subject to tax ation in this state money lent, solvent credits and credits of value and moneyed capital)
 I'll. B. 615-As stated before, this act was approved March [, 1907. There is nothing in the act limiting the time when it shall become operative. The concluding paragraph of section 1921. as amended by this act is as follows: Provided that all foreign corporations which have hereto fore bona fdc qualified under prior eX- isting laws, shall receive credit for the amount SD paid by them on any amount falling due by the provisions of this act II thus appears that 1t was the intention of .this act that the same should apply to all foreign corporations now engaged in doing business in this state and the admission fees therein eXaeted should be paid by such foreign corporations, d credit being allowed for the amount heretofore paid by them crhs is the law requiring
 T, taJ tax la a