Oregon Advisory Opinions May 08, 1958: OAG 58-69 (May 8, 1958)

OAG 58-69.

In your recent letter you requested my opinion as to whether ORS 471.420 prevents an individual who has been licensed under the Liquor Control Act from serving on a committee of a political candidate for office.

The statute in question provides as follows:

"No licensee under the Liquor Control Act or any dealer in, manufacturer or distiller of intoxicating liquor shall make any contribution to any candidate for political office or to any political party."

Since your inquiry relates to an individual licensed under the Liquor Control Act, the real question involved is whether service on the committee of a candidate for political office by such an individual would constitute the making of "any contribution" by him to such candidate.

In a memorandum opinion, dated August 16, 1950, Mr. John K. Crowe, Assistant Attorney General, then attorney for the Oregon Liquor Control Commission, advised that the word "contribute" means "to furnish as a share or constituent part of anything",---"to give to a common stock or for a common purpose; to give or supply a right; to lend assistance; to have a share in any act or effect." He cited Words and Phrases, vol. XI, and LaBelle v. Hennepin County Bar Association, 206 Minn. 290, involving a Corrupt Practices Act, which held that the word "contribute" meant "the transfer, giving or delivery of money, property, or services." He advised that any licensee who is an officer of any political ORGAnization or association necessarily makes a contribution to the cause of any political candidate or party which it supports, and violates the Liquor Control Act. Again, on October 10, 1950, such attorney advised that, in his opinion, "a licensee giving a candidate a right to place a placard or poster within his premises would be lending assistance to this particular candidate and would, therefore, be contributing to his activities by the giving of services."

In an opinion dated October 11, 1951 (Opinions of the Attorney General, 1950-1952, p. 278), my predecessor pointed out that Webster defines the word "contribution" as being any aid or assistance or services rendered, directly or indirectly.

On August 20, 1954, by opinion furnished to the Honorable Monroe Sweetland (Opinions of the Attorney General, 1954-1956, p. 17), I advised that licensees of the Oregon Liquor Control Commission "may not make any contribution to political parties or to candidates for office, whether such office be partisan or nonpartisan."

In view of the broad, but explicit, language of the statute, and the earlier expression of opinion relative thereto, with which I am in agreement, it is my opinion that ORS 471.420 prevents a licensee of the Oregon Liquor Control Commission from serving on a committee of a candidate for political office.