| Show CHECK THE VICE it is with deep pain and prof profound cund sorrow that wo lie witness nit ness the lie spread of 0 it a curse in our fair V valley alley ft luch inch is ci chyu here recognized as one of 0 the greate greatest bt of all ill ceils c ill that the human raco race today to day tees the dawning of in an era in ili gallic cache valley that fore foreboder forebodes bodes deep to its citizens v alio lie have worldly sloped that from froin una this nook of 01 gods trea ions the great italia bauo of 0 our race intel would be forever excluded and that thai our youth would le be permitted to grow up lip to manhood and womanhood innocent of 0 the vices and ignorant of 0 the inis cry that spring from froin it logan became eanious jay her warfare gaint the liquor traffic true she was waa not victorious lint but her defeat was an honorable one which detracted not one w abit hit from the prestige la lir abc c s ri ecil d 0 Ff As aa a vice detesting community ire ve think the lie supreme court of tile territory dalight have decided differently upon the and effect of the language of the section of 0 our city char tar abich purported to confer prohibitory hibi tory powers upon our lily city council judge found support fo for this ilia position tiou ou on the question among among good legal authorities and his big colleagues of the supreme betich bench might N it holit straining tit nt fill all have coincided bcd wit willi him had bad they been so dims posed it is useless to deny ho doncer hon icier that tile the I of the section is less explicit than ft It should there is a technical clinical tc defect in m it ithial under mulct the rules lulfs that 1 a I specially strict construction of penal laws hins mid and under rulings in ili similar cases nt al least measurably justified the majority of the court in deciding that the section did not confer prohibitory hibi tory powers upon logan city judge emerson based liia big opinion the obvious meartile meaning ami intent of the liw judges hunter titer and tit TH iss based theirs upon in ail tal mul and technical detect defect in ill the hie wordin 0 alic section in point it ills oue one 0 of those peculiar cases in w N it a judge jed a may final good od perhaps equally equall good clod au authority thorit y for deciding either 0 nay ally ile majority of the supreme court of chose to decide deckle lit in favor of tice i ice lit in the charter charte of is re produced produce it ord for vi nord ord ilia section of logins logans charter chich relates to the liquor traffic consequently there wag tie no a forthe for lie city council of 0 ille but to grant liquor licenses as stated by it JOCKS IL correspondent in our list last l issue 1010 mote from there smithfield anil and the four our other incorporated titles cities in cache county have am e ho weier 1 a I great tl ail vantage oi 01 er cr logan and abil wellsville ilar in aliis regard ard 1 alic lie sections relating to the liquor brattle are arc exactly alike in the charters of 0 at al four our of these cities except that in the llie charters of 0 11 tom rum and Illel ploll LIAO word tax is udd lit in relation to tavern kee keepers perd etc abile in the charters ot of smithfield und and richmond tile word license is usi used in the alie same place this ditler once ance in nording has no gatei or cr to tie powers of lite respective lity lily councils coi incila in ill to liquor selling that tire the difference the chatters cli of 0 logan and wellsville pull anil those of 0 like other oilier four incorporated cities in ill this county enay he be lu islamic ule apparent to the ilc grentier ren tier ile BC reproduce the sections sctt ions it late to the liquor traelic trat lic that front from the kirs of logan laid Wel ll 11 lille reila reads as ai follows the 1110 city council ili ill leavo to giecus regulate prohibit bit or LIAO at elers ot or fendors at ett oils or liquor it tavern pers dram or hop h keepers act liam or coffee houses liou misiona taloo iia or other oilier houses or mor places fur the tiling selling or eltinfg alyin away of 0 n ines or ocher liquor a nather arda ardalur Lut vinous or fer niort nl the section of the charter of the other oilier four titles cities nai naila ucil cd luada as fol lotto luft s ith illi the be exception noted above 1 allio I lie city council shall have to lite cuciuc name regulate prohibit or re lite selling or living lial g iway away mi t ilium or to tax kind and regulate rc tavern a draun drain or m bhoj keepers letu alln moi 01 coffee saloons ea sa lonus or other houses or altees for tile lle tit aline or MAI giam giving away 0 of ardent vi tion tie or avi talented liquors hiie acardi tte lie have italicized zd show the difference in the effect of the IHO sections under the first lite lity city council cout icil may inay if tile mann facture rs tellers laid ami endorse en dorsa of liquor but froni from it tint act may the prohibit tuam from belling on cau sunday from selling to minors r from selling at ac all ail the rile election does not specify ahe act froni from performing MIMI the city tit council may imay prohibit tho the manufacturers ar r liell cirs of bainor lii inor ile supreme court licu hell that the assumption that the language Jan guage alic selling of 0 liquor might be entirely prohibited prohibit cil ly by me council could siut be allow cil as that would he be an it assumption of power not explicitly granted but the alic other oilier confers an tIAO LItY ou oil tile city council to it h or adliah of liquor tile verb of the noun is pied the woal prohibit applies jurt rather than co 0 o tile ii tor clor hence there is ii no us its to lc I 1 what act tile liquor seller seiler natty may be p front performing of course in the hie ordinary use line pitt and si dig innia neo of like differ cumo between these tivo tiro sections A n tint but hi 1111 difference berneen tn calf dee d ami air butak but iu ill law such ilia di may inay of grent great un im porta mC uce we agrenot arc not aware fuata eliat a n ritten opinion in the ibe lag I rn lipior cases lia ili yet been filed hy by ilia supreme co coira Coi rf but in ili belh ering judgment I 1 Mr erbille er billy julac a hunter as is lie sic informed explained the ibo foregoing distinction bercen the lie charter of LO logan an and that of front from lie he quoted conveying conT cynig T the idea that the abc latter conferred unquestionable prohibitory hibi tory potters upon the city council mille the other dill did not from the opinion of the court af is it idas understood by liy lippard parties pard cs it allio ito heard B bit bat judge minter hunter said in dalh era cring judgment and from ilia hie lan language biage of their charters it would seem that the city council of A I 1 and richmond 1 lave an in unquestionable right light to prohibit the sale of intoxicants within their respective Epe spec clire tive city limits we ire hope they will use this power we hope that specious argument m will ill prevail upon them to license liquor we ire hope that the pecuniary profits to be derived from liquor licenses nill never tempt them to por permit ruit the setting in M their cities of such imps for tile the youth AS j saloons we ire hope the cit citizens iLens of those cities it will ill bo be in willing it ilia to pay higher axes rather than to tode berh rhoa a 1 I frose nue from the braille that costs so much morally it may lie asked why strive to prohibit the sale ot of liquor in these losing when it may inny be purchased so ricarco near to them the I lai ihnot of n community are arc the expressions of its acue of ogba find 1 I rong alic lie standard of its in ilk lite eyes of many people a moral cil ceases to be such as soon is as it is if legalized legalised lem le m I 1 bied liy by the lie local legis legislature lIture for or the sake then of thi the moral effect and ami principle illi calved balboni should be dept under a hau bail such 1 a I course Is possible A sa saloon locan in kogai it vill not ilo do as 19 macli audi harin in as a saloon in ill mil this is obvious nud and is 6 another strong reason re ison should elio knit tola ate such nil all institution of cour c the ilc same saino argument applies to men loi at ami Rich moul financially 1 it certainly it vas as not to the pro profit litot of logan city to figlie eliis ill 6 ky kaj but morally orally jn it lias fins been beci TI alic 2 moral influence of the liquor ar in tins this city fl nill ill never be it wholly holly ablit coated crated iloni aiom the and characters of hun of our citizens especially of our youth it ity pressed upon their memory and lindertt linde rbt andian luc ilia lesson that the frallic in strong I 1 drink is oil an evil to lie lc opposed ty by all citi felis alio ho haye ut tit healt the best bast pull ami moral welfare ot of society it is lus possible for a government to do a more moral beneficent thing than to hill impress iress auh a lesson lessall na as this upon alie lie public inrid of tile community it governs anil and MC lie hope to see tit alio llio 0 city councils of 0 smithfield I 1 and prove liy by the course they talc take in relation to the hie liquor IIii or cradic that they alicy the highest duty of a le legislator to present the anuial purity of tile people |
