Show A POINT OF LAW I 1 1 lio lie logren liquor ordinance lias has long oil hern 1 n I hard nut for lawyers ers n nhom have thed marions MULLIS of cr cracking ackin c it lint ind it is still sminie during daring the list acar law books ilia linc c been sean searched bell from liehr ghchi cocoa linto finto dim dan in tile hie vain hope of fil finding oling some nul lionly on oil no alu eli it to dedire it invalid hut but in ill december last n ile licit tile attel leys for lie hlinsky men brought it to the test beffie judge emerson nt at ogden their specious arguments against its is vidi validity tilty were too fellmy to command court tor for it mor nent and tile objections raise boiled d a against ainest it were oi overruled as fast as presented the court was too much of a daniel to lie ile cajoled toy liy such sophistry into tinning over the morals of 0 a whole community to be proved upon tipon by through the agency of his ill s ministers and anal in millions inions saloon keep keepers rill anil and liquor dealers more more es cs specially ally when ichen that community was wa 9 dipo dipoce cd to protect itself to the utmost it extent of its fic powers of self protection it II is now flow claimed LoNs cier that new light lias has been thrown upon jhc alic subject and that there ire arc new grounds for holding li the alic logan liquor ordinance to bo be hit invalid alid mr 11 IV II if dixon dion inho was retained fly by some of the liquor s recently arrested made an ail elaborate argument before the police iongi hilli ill the v view cw of coil inching him that the logan liquor ordinance vas invalid not withstanding that it lad had blood the llie betl 0 lie first distrait Di court lie ile failed to so the alic magistrate nolte his objection to the ordinance mr dixon dion was ioas or pretended to ile be irry confident that liis ills position poi tion was it a tenable rate one and ne e here give a brief bLit statement ement of tile grot grounds indi oil lie holds tile lie ardi nance to be fatally defect il 0 anle state law of olno ohio prohibits business labor ac on ell alic sabbath day lion lot cicar chrit labor performed from necessity J or thin cl imily ity upon tipon the sabbath illy day shall lie exempt from punishment I comets comits individuals who bo conscientiously e the instein of tile first lay day odthe of alic geckas tile lie sabbath abbath to labor transact business tte tic on oil the first day of tile the week the alic incorporated city of canton C inton passed till an ordinance prohibiting the op opening elling of shops for tile transaction of business on the first day of the week the or ordinance diri ance contain contained cil no pro ision for cases of necessity nor in favor of persons u alio ito oer ed the seventh dav to of the week as tile the sabbath A mci cliant opened liis store for tile tr transaction of business on sunday and was arrested and filled fined under the lie ord ordinance mince the alie case was iras carried tu the Sta supreme court of u the state awl and the ordinance under it aich it was brought was declared 1 by y that court to be invalid I bee mccau in e c it lid did not conform to the state law lair ii which was vins the higher clearly there it was as a conflict between the state law inny and ad tile ordinance as the former contained provisions hi of certain individuals find cases which the latter did not and by bv 1 a I well pain principle ciple of liw tile the city ord ordinance niante could not stand as against tile state law an ail act cri entitled titled I 1 an ALL act liec licensing it ing and regulating the manufacture lire and sale of intoxicating ibid eddythe ed by the utah applon ell cd march 9 i 1982 pi avides lay by its sixth section that any person licensed not as aforesaid atho H ho shall sell bell give nay or otherwise dispose of any intoci acting drink at any any time durin during the first day of the hie week commonly called St sunday inday except for medico medical purposes on the prescription of a physician shall be deemed guilty of a misdemeanor and upon thereof may inny be fined filled in any sun eum less than ilian one hundred dollars ilic fhe lic loann lin liquor ordinance contains no provision in favor of a ease case of feces feily such as sickness half bill is is bini dimply ply strictly and prohibitory lit in this sir ir dixon maintains ties lies it its uc weakness akness it is lie says broader than alic territorial liw in that particular ti mail and hence must fall this case being so bo mr dixon claims with the ohio cne case cn e ail anil with several others in different differ nit states which mr life dixon divon hall hal fraind in ili his i I 1 esc arches relative to the question in ili overruling mr dixons objections to tile justice cum laings cited the prociso in ili the loit last cation 0 of the territorial liquor law the sixth section of enli nar dixon so much upon and ami which up bip pears abone the proviso provi o reads that ft here any ally junn lunini cibat tipal corporation has tile hie fight in ili its chartor to prohibit the hie bale balle anil atul i iu disposing of i bull in avit ill liquori nothing in in ill this aul act lie ile so MI construed const mil raed as to anch right mr lions moons position is that tile hie territorial liquor law hw conta iiii a provision in favor of anch its as inight oriole arise on account of bick bickness anil alli all I that thai alic llio nauni cipal ordinance must conform roii to the ohio anil and other oilier decisions A Jil justice tice licht that the proviso in tile tamo station quoted abdoe released ill all previously ionly endowed prohibitory porters from till nil obligation to 0 o coil form to tile teri law this A c e belica elicic li e is ii an if explicit cp licit fault anil accurate of tile the of law on oil chich mr dixon dion lia liabos es liis his expel of success in alp appealing alic caich in in disinter ia inter ciccil cit ell cil it is it a point that hint A va is not lot aar ened before judge emerson and wo ann cnn only surmise vint li ac been ins his decision upon it hall bail it been before him nr dixons dixona clients b haic IC a determination to carry a test cage through tit alio llio do di brict court and ami bufore the abc supreme court it if necess necessary itry in ili crater to hat likic c the of the vallo lity of ali tile logan liquor ordinance orilin ance lin binally rilly settled nut but the recent capitulation of 11 nearly en J ay all the dealers in town indicates that they line virt much confidence in ii being able to obtain a favorable final decision |