Salt Lake Herald-Republican | 1913-02-28 | Page 6 | Possession of Liquor Not a Violation of Logan Ordinances

POSSESSION OF LIQUOR NOT A VIOlATION Of lOGAN ORDNANCES Court Holds That Vote of City Against Sale Has Its Li Limitations iii itati o ns Special to The he n T I Feb 27 Judge i Judge N. N T J. J Harris LOGAN Jj of oC Ogden has han handed ed down a sWeePIng sweep sweep- In Ins Ing decision In Iii the time liquor case e which were sent him from the f first judicial district for nn an opinion Th The decision was ns dated a ted n at t Ogden yesterday a and 11 reached this cl city toda today Six cases were taken up from front the city Justices Justice's court cour of this cl city on appeal to the tIme distrIct district dis dis- court and five of or th them r Are Are- Aredis ro dismissed dis missed on the decision and ono ono One held The Time five o dismissed were vere convicted In InI Inthe inthe I the thc Io lower er court on the charge gc ch of oC keepIng keepIng keep Ing for Cor sale while the tIme one ne held lucId was as specifically charged chareLl and convicted for tOr tOri i selling liquor Quoting from front the de decision de- de e- e cis Ion Is tho the following It I Is con conceded eded that the qualified electors of Logan have voted against sale so o the time o only l ch charter powers expressly ex cx- pressly conferred upon the city b by that provision are nrc to prohibit th the manufacturing manu manu- selling giving awa or disposition dis dis- position In iii an any manner of an any Intoxicating liquors I 1 do 10 not think It I would bu seriously contended that the terms tOt selling giving gl Jn ing awa away or oi disposition deposition include the term tonn keeping f for I sale It In Is Js clear there therefore Core that that- tha no express authority Is given sl thi the th city to prohibit the keeping for tor sale of an any such liquors unless tho the same I Is ha to be found In some other provisIon provision provision pro pro- vision of the time statute It I appeal appear however howe that the complaint complaint com corn plaint charging an unlawful sale Is sufficient on which to 10 hold tho the de defendant dc- dc e- e fondant Fors erg as it sufficiently charges harges a violation of or the said sale or l- l name of Logan Doan city making th tho sale of Intoxicating liquors rs unlawful It I follows that the time motions of ot time tile defendants Edwn Et n Gardner an and Chris Chrs Larsen Leland Hanks John Boyle Harriet Steadman and George Tiller to 1 dismiss said a actions tons should be granted and antI the time actions dismissed accordingly that the motion moton of the defendant Frank Forsberg- Forsberg Jr to dismiss the action acton a against him should be denied In all al probability the above defendants defendants defendants defend defend- ants released under the city ordinance will wl be rear rearrested e t d b by the count county authorities au RU- au- au and prosecuted cut d under under the state law