| Show DRUNK DRIVING CASES SHIFTED TO STATE LAW r I Shorn of Power by Court Ru Rul Ruling ing City Transfers Actions Ac Ac- to Co Attorney With the city shorn of its power to prosecute by City Judge Nephi Jensens Jensen's decision the municipal municipal pal drunken driving ordinance cases against 12 accused drunken drivers were transferred to the county attorney attorney at at- torney Tuesday by City Prosecutor Gerald Irvine for trial under the state law County Attorney Matthew Cowley indicated however that trial dates dater will not be set until District Judge Oscar W W. McConkie hands down his decision In a case now under advisement advisement ad ad- I which is basically the same i a as those considered b by Judge Jensen Judge McConkie's ruling is expected S May 21 Meanwhile the first arrest under i the state drunken driving law was I Imade made shortly after midnight Mon Mon- day W. W E. E Gordon 21 1450 Fourth East street was taken into custody by City Detective Earl Bertelson at Post office place and Main street where the motorist motorist mo mo- allegedly under tinder the influence of liquor backed his car suddenly across Main street in a reckless manner manner man man- ner ncr a cording according to police reports C. C Anderson 25 a passenger in Gordon's Gordons Gordons Gordon's Gordons Gordon's Gor Gor- dons don's car was arrested on charges of drunkenness Both men were held in the city jail in lieu of bail When he applied for a complaint Tuesday Detectives Bertelson was in instructed instructed instructed in- in by Mr Irvine to present the facts to the county attorney and Police Chief W. W L. L Payne issued notice notice notice no no- tice to his officers to charge all motorists motorists mo mo- arrested for drunken driving in the future with violating the state law SERIOUS MENACE The drunken driver Is not a problem problem lem for the municipality alone Judge Jensen explained in commenting on his decision Drunken driving is a Continued on Paso Pace c Thirteen I DRUNK DRIVING CASES SHIFTED TO STATE LAW Continued From Pate Nine serious erious menace to the welfare o of the whole hole state and in my opinion the state ate in the uniform traffic act of 1931 31 did not expressly grant to the city ty the power to enact an ordinance on oil i the subject His decision was made in sustain sustain- tag log ng motions for new trials In the cases of f Lew Phillips 44 4 bus driver and John ohn A. A Lundwall 60 engineer convicted con- con drunken drivers Attorneys for the two defendants assailed stalled the validity of or the city ordinance ordinance nance and contended that the city had only the power to regulate traffic and had ad no power to regulate the conduct of f motorists City Prosecutor Gerald Irvine argued that the power was im- im plied Judge Jensen pointed out the question question ques- ques tion ion presented was whether the city cily had lad such power and ruled that the crime rime was not one of o purely nal IDal al concern but that it must be con- con from a wide state-wide standpoint The drunken driving ordinance he said aid said relates to the motorist only without without with with- out ut relation to his acts on the highway highway high high- way vay or to other persons on the high high- way UNIFORMITY LACKING The uniform traffic act of or 1931 1031 he pointed out states the maximum penalty penalty pen- pen alty Ity for drunken driving for a s sec sec- e- e ond nd offense shall be one year in jail whereas the city ordinance for second sec sec- ond nd offenders sets the maximum penalty penalty pen- pen alty Hy at or six months in jail or both oth If the city ordinance were upheld he ic ruled there would be no uniformity uniform- uniform ity y in the state code Phillips was arrested March 31 after after af- af ter cr his bus owned by the Peery hotel crashed rashed through a fence in front of the he South high school Lundwall was taken into custody April 10 after his I machine collided with a safety Island at t Broadway and Main street Both BoUt I are re at liberty on bail Pending cases in police court in which new complaints were asked of o the ic county attorneys attorney's office were those hose of William McCaskell 1 C. C E. E W. W S. S Hiller M. M G. G Webb Don R. R Vinegar Winegar Wine ar R. R L. L Beesley J. J F. F Thomas Earl Smith R R. S. S Mounds and nd R R. W. W Worthen Six accused drunken drivers were allowed to withdraw their pleas in police court Tuesday and Judge Jenen Jensen Jensen Jen- Jen sen en instructed them to enter demur- demur demurrers to the complaints based on grounds contained In his ruling He sustained the demurrers in each case and ordered the cases stricken The cases disposed of or in this manner manner manner man man- ner were those of Winegar Vinegar Setter- Setter lund Phillips Lundwall Hiller and Mounds Prosecutor Irvine then instructed the arresting officers in each case to tofile tofile tofile file new charges in the county at attorneys attorney's attorneys attorney's at- at torney's office and to the defendants |
