Show ATTORNEY GENERALS OPINION in reference to powers of 01 board ol 01 county to loense certain business joseph eckersley Ecke Ecker reley tiley county attorney L loi 0 A ideran wayne ne 0 chanty utah we have c considered 0 a e d y your 0 ua favor ruta 0 recent date asking for a construction of subdivision sub vb division 46 of section 21 bf the laws las of utah of 1896 which empowers empo emp the hoard board of county to license for iho the purpose ot of regulation and revenue all and am every kind it 1 business not prohibited by law and transacted and carried in their respect respective ivA counties countes outside the tile limits of incorporated cities and to Gs fix the rates of license lax tax upon the same and brov provide de lor for iho the collection thereof provided that a gereon deemed deemed worthy and who is unable to loob obtain tsina a livelihood by manual labo may be given givert the privilege to hawk icicle ald vend goads and merc mere bandie except intoxicating liquors without the payment ot any license fee whatsoever and whet whether bei under the provisions of this section the county commissioners of your county would bo authorized to fix the rate of license tax for the sale of spirituous or intoxicating liquors at less than GOO as the fame same was provided for in paragraph 2156 vol 1 of the compiled laws of 1888 chapter 17 vol 1 of the compiled laws of 0 1888 a part of which is the section last above referred to contains a legislative restriction upon the sale ot of intoxicating liquors the inspection of tile same and a dennite definite manner of procedure in issuing licensee licenses and regular tine ting the traffic in intoxicating liquors and under said law the commissioners after a proper petition statement and bond have been filed with them are authorized to determine the amount ot of the license to be paid provided that the rate shall eh all not be lees than nor more than for one year section 21 page of be laws of 1896 authorizes the boards of county commissioners of the several counties to exercise jurisdiction and po powers under euch such limitations and restrict restrictions 1 owr na as are prescribed by law subdivision 26 firel first above referred to is a general grant of 0 power to the commissioners to license neBi the orthe laws of 1896 do not expressly repeal so far as I 1 have been able abe tc find lud the law of 1888 the question arises does the he latter act the law of 1896 being directed direct id to ane general subject after impliedly or repeal the iw aw of 0 1888 upon this suba 0 et which wae was directed lowarl lower 1 a special object the general rule ie Is that there be something in the latter law so far repugnant and irreconcilable as to indicate and aud intent to repeal the former they should be read to toe ether cether and tile general statute should be so construed aa as to exclude from its operation the cafeo which have been provided for by the special cne the legislature of the territory having already given its attention to and provided for the regulation and licensing lic ensine of the liquor tr tra afflic iTic it is not unreasonable to presume that the legislature of 1696 did not intend to alter these special provisions by a subsequent general enact ment and a different construction should not be placed upon two acts of the leih lature like in queE question tion unless a contrary intention is manifested in explicit language lane naRe or there was vom something ething to indicate that the he general act was intended to embrace the special cates within the or Dr etious evious one there is no difficulty in givina giving both of acts 1 full forchand force and effect there beme beine 14 no real repugnancy I 1 would therefore advice yon that the lw law of 1888 referred to is still in force end and that your county in fixing the rate ot of license for the sale of 0 intoxicating liquore liquors should be go governed vernee by the restrict one ons therein contal contained ned A 0 attorney general 1 by B X S SMITH atit deputy |