Show I i HELPERS HELPER'S BEER LAW ASSAILED Declaring that the city ordina ordinance cc passed by the Helper city council to license sale of 32 per cent beer was a cunning cunnin legislative stratagem highly ludicrous Attorney General Joseph Chez said Tuesday that no ordinance passed by Helper or any other municipality could abrogate the state dry law bw amendment The intent of this ordinance Is apparent apparent ap parent Mr Chez said but it cannot and md will not defeat the purposes purposes- of the state statutes and 1 constitutional amendment prohibiting sale of beverages bever ages containing more than one half of 1 per cent alcohol Interpreting the phrase as much muchas muchas' muchas muchas' muchas as as' as in the state dry laws in a different way in which it was meant docs does not lot in any way legalize the sale of beer jeer The law is clear when it prohibits prohibits pro- pro hibits beverages containing as much or more than one half of 1 per cent alcohol Despite city license laws It Is the duty of every officer in Helper to arrest arrest ar ar- ar rest every person found selling beer or an any other alc alcoholic liquor Mr Chez said he realized the officers In n the city probably probably- would take no action ac ac- ac tion don against beer sellers and that the he only way vay the law could be enforced otherwise was for a citizen to file a mandamus act action on in th the district court requiring the officers to make arrests or be found guilty of or neglect of dut duty If Il satisfactory results were not obtained obtained ob ob- tamed through the courts the citizen could then appeal to the state attorney general but until such action was taken it is not in the jurisdiction of the hc attorney general to take enforcement enforce enforce- ment of the law in the county Into state channels Mr Chez said Special f to The Tho Telegram HELPER Aug 1 l-l l First 1 First Utah city to o repeal its prohibition ordinances Helper today was ready to lo reap a profit from the sale of ot 32 beer Approximately 1500 a year is expected ex cx- to flow into the city coffers as a result of of an ordinance adopted by y the city council last night providIng provid- provid Ing ng for licensing establishments selling sell sell- ing ng beverages containing as much muchas muchas muchas as one one half of 1 per cent alcohol by volume Shouts and applause of enthusiastic townsfolk which followed the councils councils council's coun cil's action last night had hardly died down when more than 50 beer dispensaries saries applied for licenses which become become be be- come effective a at t noon Friday Action of the council forecast t for oa on Page on-Page Faro PUO Two I HELPERS HELPER'S BEER LAW LA ASSAILED WASSAILED Continued From PUt Pase One On Onea a week was taken by b- unanimous vote of f Mayor Frank R. R Porter Councilmen Council Council- men M. M O. O Porter George Alex Lakie John Quillico and R. R A. A Nilson CITY ORDINANCE The Thc ordinance drawn up up by City I Attorney Thorit Hatch who expressed the tic opinion it conforms with all state and nd national prohibition laws provides provides pro pro- vides that the city recorder may Issue a license to any applicant upon the quarterly payment of in advance Violators may be found guilty of mis mis- demeanors Helpers Helper's action In repealing its bone dry ordinances and providing provid- provid tog ing ng for licensing sale of beverages con con- taming as much as one half of 1 per cent alcohol by volume has drawn many inquiries from all parts of ot the state Stuart P. P Dobbs city attorney of Ogden has asked for a copy of the license cense ordinance and for details of the he city's repeal pro program am Price and nd Richfield also have filed requests for tor or details of ot the plans adopted h here re reThe The license ordinance pr provides provides' vide that it it shall be unlawful for any person firm irm or corporation to have in its possession pos pos- session or to sell sen keep or store for tor sale ale sale offer or expose for tor sale Import carry arry transport distribute give giveaway giveaway away barter dispose of ot serve or otherwise otherwise oth- oth rv ise furnish any beverage whatsoever whatsoever whatsoever ever or any brewed drink or preparation preparation preparation prep prep- containing as a. much as one- one hat half of 1 per of alcohol b by volume without first having obtained a license from the Helper city reorder recorder recorder re re- re- re corder order to dp do doso so City officials contend that the phrase as much as one half of 1 per cr of oC alcohol by conforms with all provisions o of state and nd national laws meanwhile allow allow- irig ing ng the city to obtain a revenue from the he sale of 32 beer The council also undertook to forest forestall fore- fore st tall stall ll a complaint that It Is wilfully violating the state law b by Inserting the he following paragraph It Is hereby hereby hereby here here- by specifically provided that the 11 Ii- cense ense issued under this section shall not be construed in any way to permit permit permit per per- mit or license any acts which are arc in of any of the laws of th the tate state of oC Ul Utah or of the Un United Ired States The ordinance also provides pro that revenue evenue derived from the licenses shall hall be used for tor relief relic of unemployed and destitute in m the city so long as such uch relief is deemed necessary nc in the thc opinion of oC the city council S OGDEN Aug 1 1 Mayor Mayor Ora Bundy said aid today that he opposes following the he Helper ordinance seeking to legalize le Ie the sale of beer The mayor said aid he docs does not see ee how such an ordinance or or- ori can stand in view of the provisions provisions pro pro- visions of the Utah constitution Commissioner William J. J is s of the same opinion but Commissioner Commissioner Commis Commis- Fred E. E Williams said he was inclined to favor the Helper Idea These comments were made when the he commissioners were told of a report report report re re- re- re port that City Attorney Stuart P. P Dobbs had written to Helper for lor a copy of the Helper ordinance The Ogden board had not known of Mr Dobbs' Dobbs action and Mr Dobbs was not available today f fv confirmation Meanwhile Mean first arrests for sale of beer were made today the sellers ellers all posting 25 for appearance |