The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1909-10-20
THE REFUND
OF LICENSE
County Attorney J. Nj. Gil
more says c Commissioners
Are Within the Law.

In response to the statement made
by the Globe representative to County
Attorney Gilmore that there seemed
to be disposition on the part of some
to criticise the action of the COM
missioners and himself in falling to
give back to the saloon men the UNI
used portion of their license, which
the law seemed to recognize as due
them where the new local option law
interviewed and prevented them using
the same, Mr.. Gilmore replied:
Il am quite aware that a number
OF people have an erroneous idea re-
garding the position taken by the
county commissioners and myself as
regards refunding to the liquor dealers
the unused portion of their licenses.
ITO me, our position is perfectly
clear and plain, and it is briefly this:
1t is we'll settled principle of
law that county commissioners have
only such powers as are granted them
by statute, and when it comes to the
allowing of claims and paying out
money they must follow the statute
closely.
AT the time of obtaining license
to sell intoxicating liquors, $3.50. 90 is
paid to the county and the license is
granted by the commissioners. In
case of incorporated towns, this money
is apportioned, SO per cent to the in
dependent school district of the town,
40 per cent to the town for general
purposes, and 10 per cent to the state.
In case of an unincorporated town,
so per cent goes to the school in the
town, 10 per cent to the state. and
40 per cent to the general road fund
of the county. Therefore, there can
be no question as to the funds into
which the money for liquor licenses
has been paid
Section 8 of the local option law
reads in part as follows:
Then after ninety days from
the date Of said election, all licenses
for the sale of intoxicating liquors
granted in the county after the pas
sage of this Act, shall become void
and be of no force or validity, and
the holder thereof shall be liable fol
any sale of liquors made by him the
same as though no such license had
ever been issued, and there shall be
refunded to him of the amount paid
for such license, sum proportionate
with the unexpired time for which
the license fee shall have been paid,
out of the several funds to which il
has been apportioned. /"
Most of the liquor dealers oil
Idaho county whose licenses expire a
midnight OF the 23rd of November,
have presented their bills to the county
for the refunding of the entire amoun
due them on account of such ex
piration.
The position | take is that they
must look to the several funds for the
amounts that will be due from those
funds. Thus the so per cent due te
any saloon man in Grangeville mus
be obtained from the fund belonging
to the independent school district o.
Grangcville, and il must neccssaril.
follow and be the only logical con
clusion that the bills must be flee
with the men or officers having such
fund in charge. Even if the com
missioners should allow the bill Al
filed, there would be absolutely nc
fund from which the auditor couls
draw the amounts except such por.
ton as has found its way into tn,
general road fund of the county.
have figured out the amount.
due to the several saloon keepers o
Idaho county, and unless have mad,
error in computation, they are as fol
lows:
Due from Grangeville Independent
school district 1906. 10.
Due from the city of Grangevill,
S723.o4.
Due from the city of Cottonwood
independent school district Sill. 90.
Due from the town of Cottonwood
S56o.58.
Due from White Bird school dis
trict S274.31.
Due from Elk city school distric
S263.01.
Due from State of Idaho S431. 06
Due from general road fund o
Idaho county S42o.85.
Although the bills were filed be