Show can not condace their business it is so decided a second time by salt lake city council tha salt lake city council is considerably exercised over tha question of whether a saloon license shall be granted to parties who desire to run a saloon in the basement of a variety theatre the question cama up the other even innanda vote of the council resulted in a tie mayor scott decided alie question in the n dative the saloon men holever ho vever w rd not satisfied and in last nights session of the council the question was again sprung councilmen pembroke arose and said in alia matter of the parties running a saloon in the basement of the variety theatre 1 wish to say that I 1 think the city attorney unwillingly misled some members of the council by the statement of the decision of the supreme court I 1 now understand that the decision referred to was a california Cai fornia case our law on the subject is very different from the law in california I 1 move that the petition ba granted councilman hall I 1 move that this matter be referred to the committee W II 11 dicksoh here abose and said As one of the counsel for these parties I 1 wish to make a formal demand upon the council for this license and that the record show the demand if he license ii refused I 1 wish tho council to state the grounds for its action as it lis your duty to do this councilman cohn I 1 hope the council will decide this matter now there is no reason why it should be referred back to the committee the committee has already reported upon the matter once and would report to the same effect again councilman pembroke I 1 move that the committee report at once attorney merrit I 1 think it proper to decide the matter right now councilman james I 1 think all this is unnecessary wo have decided tins matter once and there is nothing to decide judge powers we as attorneys for the petitioners petition ers wish it to be understood that we demand this license it is simply a question of legal right and not of sentiment vve take it that this council is amenable to the law if you refuse mr Perr rys application you cannot do it arbitrarily to place ourselves fairly and squarely in line with the decisions we made thia formal demand in order that the grounds for the refusal may appear judge powers then read several decisions on the subject mr dickson supplemented this by reading some further decisions after which he said that in refusing to grant this license without placing it upon any ground the council exercised a tyrannical and arbitrary power city attorney merritt replied that in his opinion the council had the right to refuse the license and he added that when the case came up in the courts mr varian would assist him in the argument without cost to the city councilman pembroke said it was not a matter of sentiment with him he thought the council had no right under the to refuse the license he remembered that some years ago the city engaged in an unjust fight against the liquor dealers which cost it bome and the saloon men sold liquor for several months without license if this license was refused it was not unlikely that history would repeat itself mr varian being invited to speak said be would admit that the question was a vexed one at the same time he think the council chamber was the arena for a legal discussion and the learned gentlemen had no occasion to bring their law books and laigh reputations here the council had decided that the variety theater should not be accompanied by a saloon having made his decision why was the council called uon to consider it again judge powers insisted that the council could not make distinctions saying that this man could sell aud that mau without reason if the council mada its ordinance general then that could be done councilman pembroke As to alie reason why this question ia brought up again I 1 wish to say eliat it is to determine whether the city is to have the benefit of licenses from legitimate business if the city does not receive alie benefit from these source swe shall have to go into the pockets of the taxpayers again alie motion to refer to alie committee resulted in a tse and mayor scott voted no in order to bring alie original motion and have it decided councilman hall I 1 dont know but what the gentleman would like to keen still as it is growing late but I 1 will ask them to listen a moment but mr perry is not a proper person to appear before this council because ho lias violated an ordinance and defied aliis council it conform the dignity of aliis council to allow this man to appear here he has violated the law and is already in the courts the learned gentlemen informed us what ve know aliat we were doing and that alie city attorney was wrong I 1 take it that we do understand what we are about I 1 am opposed to entertaining chiq petition person is an improper person to appear here let the courts upon the action we have already taken councilman james I 1 am fully convinced that when we go into court we are going to beat them I 1 want some action taken now councilman pembroke moved to refer the matter to the committee with a request to it ilie next meeting this was voted down only councilman hall voting with the mover considerable tangled and cross firing followed A motion to adjourn was voted down and at last atie motion to grant E J a license came up alie vote resulted aa follows ayes anderon pickard pembroke noble cohn rick lynn noes barsoi s heath hall and james there being another tie alie mayor was called upun and lie agabi voted no and alie motion wit defeated |