268 ILLINOIS DAIRYMEN'S ASSOCIATION. 



in the preceding month of December, as required by section 8, 

 he shall pay the license fee prescribed in said section before mak- 

 ing such sale. 



While under the language of this section, if in any year a 

 sale is desired to be made when the seller has not paid the license 

 fee in the preceding December he must make the payment before 

 he would be entitled to sell, yet during this year such payment as 

 required by the provisions of this statute could not have been 

 made last December, for the reason that this statute only took 

 effect the first day of July of this year. While I am of the 

 opinion that there is some uncertainty as to a correct construction 

 of the section named, I am strongly inclined to the opinion that 

 no payment would be due until next December, and that the 

 portion of this law requiring the payment of license fees will not 

 be effective prior to December of this year. 



While section 8 contains no provision imposing a penalty 

 for a violation of that section, said section does explicitly require 

 the taking out of a license before any sale shall be made, and im- 

 poses an obligation on the part of each manufacturer, importer, 

 agent or seller of concentrated commercial feed stuffs to pay the 

 license fee named, and the State could recover the same in an 

 action of debt upon a failure to pay it. 



The fact that there is no penalty imposed by the section for 

 a violation of its terms would not render it invalid. 



Money paid into the State Treasury for licenses provided in 

 section 8, can be drawn therefrom upon Auditor's warrants issued 

 upon certified bills. The constitution and statutes of this State 

 direct in what manner money shall be drawn from the State 

 Treasury, and that it shall be drawn only upon Auditor's war- 

 rants. 



Section 8 provides that the license fees received by the State 

 Treasurer pursuant to the provisions of this section, shall con- 

 stitute a special fund from which to defray the expenses incurred 



