Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 45-4719

Collection Attorney General Opinions and Advisory Letters
Date 05/17/1945
File Number 1945 Op. Att'y Gen. No. 45-4719
Citations - New Mexico Appellate Reports
State v. Alexander - cited by 10 documents

Decision Content

Opinion No. 45-4719

May 17, 1945

BY: C. C. McCULLOH, Attorney General

TO: Mr. W. L. Barrowman Chairman, Dry Cleaning Board Roswell, New Mexico

{*71} I have your letter wherein you ask me to study the general question concerning the power of the Dry Cleaning Board to enforce the rules and regulations which they may legally make. You ask me to review certain regulations which are 4, 6, 7 and 8, and advise you concerning whether these regulations are effected by the decision of the State Supreme Court in the case of State v. Alexander, 46 N.M. 156, 123 P. 2d, 724.

I wish to point out that the only effect of this case was to invalidate the provisions concerning price fixing only. The Supreme Court stated that the entire act, with the exception of the minimum price provisions, is valid and enforcible.

In view of this holding, it is my opinion that any rule and regulation made pursuant to the Dry Cleaning Act is valid except insofar as such rule or regulation pertains to price fixing.

By HARRY L. BIGBEE,

Asst. Atty. General

 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.