The Montgomery advertiser., 1907-10-27


 that Section AIS of the Code of 1896. allows lhs sale of liquor, provided the town of Pickett Springs, fn which the Fair grounds are located. authorizes the sale.
 MT. Dent also understands that the last Legislature adopted an act sx- pressly exempting the Alabama Agri- cultural Fair Association from the payment of State tax. Tn arresting any Mir. Dent adds, the sheriff might be liable t6 serious damage suit for false imprisonment.
 MT. Hood said he win be guided by the Solicitors opinion in this matter. but that he will. under all circum- stances enforce the law.
 The latest correspondence between the sheriff and the Solicitor on the uquor question is as follows:
 sherifr to Solicitor.
 Montgomery. Ala, Oct. lsth, 1897. Hon. S H. Dent, Solicitor. Montsom-
 pear STA committee from the Ministers Union has called on me and raised the point in connection with the sale Of whiskey at vandiver Park dur- ing the Fair that the assoclation nas not been granted state ana ss rnns senng law is being violated They insist also that the charter of Pickett Springs is illegal in that there has not been any regular election held at the Park Tor the election of Mayor and Council, or, if 90, such corporation has not been legally kept up.
 twin you kindly give me legal opinion as to points involved;
 ciatfon, in order to sell whiakey un- der the charter of Pickett Springs. re- quired to have state and county IT.
 sfa1 Can you inform me whether the charter of the town is legally in ex. istence and has officers who can con fer rights and privileges such as grant- Ing licenses to sell whaskey n tne
 ..ss If inc Fair Association Is re- ouired to have state and county IT censes and have failed to secure tnem' what Is my duty as sherih!
 at41 If the charter of the town oI Pickett Springs has no legal exist ence at present. what are my oulies as sheriff in the premisesT
 "An early reply would ps afPss- .svsry respectfully yours.
 "sheriff. Montgomery County.
 Solicitor Dents Opinion.
 Montgomery. Ala, Oct. 2s. 1907. ATEou. Horace Hood. Sheriff of Mont-
 gomery County, City:
 Dear Sir--Replying to your inquiry relative to your duty In regard to the exaetion of 6 license for the sale or spirituous or vinous liquor at yandi- yer Park, I beg to state that have made some investigation of this mat tor. and that prior to this investigation town of Pickett Springs authorized the sale Of splrituous or vinous liquor at Vandfver Park that 1t would still be necessary for the ltceneee to procure license from the State and County.
 since Investigating the matter, however, ind that Section 4lS of the Code of 1ses provides that All State, County and municipal taxes on privi- leges are renlitted and released to all agricultural fairs. which may be grant, ed or sold by them. and conducted on their grounds during the exhibition of such fairs on which tax ts now or may hereafter be levied by State. Coun- ty or municipal authority: but this section shall not be construed to au- thorize any fair to sell or grant priv iieges on the grounds to wheels of for- tune, or any game of chance, or any device inimical to the laws of the State.'
 If this section be a valid enactment, and in my judgment 1t would be your duty to so treat it in the absence of any Judicial opinion to the contrary. I am clearly of the opinion that it is not your duty to make any arrest for ap alleged violation of the revenue law of the State,
 eOE course. at all times, it would be your duty to execute any valid warrant issued by any authorixtd magistrate in the State.
 T am also informed that the last Legislature adopted an act expressly exempting the Alabama Agricultural Fair Association, and any person or persons to whom 1t grants any privis leges from the payment of any tax whatever on the part of the state. or any of it's subdivisions. This act has not yet been published. and have not had sn oppcrtuuitse to read 1t.
 q might add that # you should ar- rest any person for violating the yev- enne law of the State in not taking cut license from the State and County. and Section AIS of the Code Of isye or the act of the last Legislature above raferred to shouId he freated aa d va1fS