Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 20-2713

Collection Attorney General Opinions and Advisory Letters
Date 10/14/1920
File Number 1920 Op. Att'y Gen. No. 20-2713

Decision Content

Opinion No. 20-2713

October 14, 1920

BY: N. D. MEYER, Assistant Attorney General

TO: Mr. James A. Hall, Albuquerque, New Mexico.

State Officers Authorized to Enforce National and State Prohibition Laws.

OPINION

We have your letter of recent date in which you state that it is contended that sheriffs of this state have no authority to act on matters in violation of the National Prohibition Law. Also, that there is no state law under which violators of illicit trafficking in intoxicating liquors can be punished. Both of these contentions are erroneous. The executive officers of this state have the authority to, and should, uphold the National Prohibition Law. Moreover, the Legislature of 1919 enacted the law regulating the manufacture sale, importation, use and possession of intoxicating liquors in this state. The same appears as Chapter 151 of the Laws of 1919 and is found at page 316 of the 1919 Session Laws. This law is very strict, as you will find by reference, and it is especially incumbent upon the peace officers of this state to see that violators are apprehended and punished.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.