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Show i 1 ':' '. . 4 - . , i . i SOS TBB1wm:.:PUBLISHED: Wednesday and i5nrr .MMSPPiP SEMI--WEBE:L- Y, W- . - : satuhday.) OODEX, UTAH, WEDXKSDAY, JILVE So. 49. is, i AjF 1S73. kVT .1. ,t ! VOL IV. nnsear. t IB D TXT 6.45 p.m. d uly, 7.o0a.m Lake City, double ThrouKU Mail daily 5L Through Mail .laily. 7.40 a.m. 6.40 p.m. 11 6.30 p.m. e.tt) p.m. 8.40 8.40 a.ra, double daily ItUke City, Tliroush Mail daily Mail daily t Vi.mh '1U" . CLOSING. - Euffidth.Wert nuuliRO aunty, , ins,. t,' lattur i) . SKiui-jav- - . . 0'den, Mondays anUThursilay Weduwitayi and gatur- 70 ... Lvmt'Vlain City and SlaterHville, SOTdavsandXIiUMdays Rirerdule, 'Wednesdays and Saturday ILierville and Vlma, Wednesdays a.m. 3.30 p.m. 3.00 p.m. 11.30 .in. OFFICE HOURS. 6.15 p.m. - 8.15 a.m. Ceoeral Delivery, hinmav, o p.m. io u.-- j UKPAKTMJJNT Oiien from 9 a.ni- - to 3 p.m. M0XKV 0KFICK DEPAUXMEMT. Open from 9 a.iu. to 3 p.m. OuUide Door open from 0 a.m. to 8 p.m. ud Saturdays JOSEPH HALL, Postm&fter. T. C, C. P. p p, I", C. ... Trains - - train arriveu - 7.40 5.40 C. 20 8.50 7.50 5.45 8.40 0.30 ... - - " leaves " and .i leaves - m and - train arrives - - - - a.m. p.m. p.m. a.m. a.m. p.m. a.m. p.m. Religious SerTices Krery Sunday, in tUeXalwrnacle, at 11 ,m., and it Second Ward Schoolbousa Farley's School-lous- e at 5 p.m. wid Third Wa d School-hous- e Episcopal Church at 11 a.m. and 7 p.m. Methodist Church at 11 a.m. and 7 p.m. the Spiritualist Lecture (Child's Hall), at 7.30 p.m. library Depot. Ogdcn City John 0. Chambers' News wry day, Sundays excepted. At Opon FOURTH STREET, OCDEX, Doors from Z. Four C. Jll. I.f DEALER GENERAL IV BOOTS & SHOES, LEATHER ami SHOE FINDINGS, it the Lowest Prices. Fr&duce Taken. PAID CASH for IMPAIRS PIipES. NEATLY EXECUTED. y 'NO.V.FARWELL&CO., U'f rnr vo t v i r.-- a DRY And GOODS woolens. Lariresl nf Now Vnrlr lonroe aud Franklin Sts., CHIC1G0 Rtrink Woat 61-i- y J. S. LEWIS, WATCHMAKER AND JEWELER, nl - n-i- y REMOVED. I I0U WANT A TH0M30NIAN CA-- Thomsonitm Meilicixn, , P0CT0U OR Jjwwwmos TOST OFFICB.'MAIN T, O0DKN. Feb, $v.oo. ,l5m A Per diy. AKents wanted! Ail fft CR,IS of" workinS IPK fitter "' ?0U"S or o'd, 'make more umiioy at k tt or Ml the K ,l,ir ,,Pa moments, Ad- 4nythinK else. Partioulars 8tmwn Co., PorUan d, Mai aa. free,s80.lv 'Wih. 4rw(! Cn9- - W." J TURNER, rmt, Vegetables, . THIRD DISTRICT COVET. . ; .; ; ; , vs. New York,12. JIabeat ' Steel, Pape, Arskeg, Corpus, Hannak, Alder and June 12th, c 1873. Capit. ' The defendants applied to the City Council of Salt Lake City, for license to sell spirituous and fermented liquors, and tendered a fee of $50 i per quarter year, therefor. Under an ordinance, $150 per quarter was demanded. This the defendants refused to pay, and proceeded to ell liquor without license. For this they have been tarrested, on warrants issued by a' Justice of the Peace. They apply to this court to be discharged on habeas corpus, on the alleged ground that the ordinauce in question is void. 0. F, Strickland and J. R McBridei for the petitioners, E. D, Hoge for the people. McKean, C. J. The City Council have authority 'to license, tax, regulate, suppress or prohibit billiard tables, ten p'u alleys," &c. See City Charter, Sec. : The Graphic publishes an extract from a private letter, dated Rome, May 15th, which tella of a rumor prevalent ia that city that Pope l'io Nono died eome days previous, and thai his place is tilled by an old astute priest named Abbate Miu ati. The story goes. that when the news of the Pope's fatal illness was published the cardinals hastened to tbt Vatican to take proper action upon the condition of affairs. They found the situatiou an exceedingly critical one for the church. It seemed to them that nothing could be more inopportune than the death of the Pope and an election ef his successor at this moment. Tbey determined upon a stroke of the most daring and astonishing character. There was a priest tf the order of Benedictine, Abbate Minati.'wuo bere a striking resemblance to l'io Accordingly they determided that Father Minati, ia the event of the Pope's death, should enact his part. The Pope died, but instead of their ' announcing the fact to the public, they began to' in form the outside world that the Holy Father was getting better, and finally, that he was quite well again, the fact that the remains of Pio Nono were hidden away in some secret recesses of the Vatican cellars, aud that Abbate Minaii quietly stepped into his place. the head of (iha- church is, in y plain terms, a dummy wearing the form, and keeping up the traditions of Pio Nono, even to the extent of taking a pinch of snuff during mass. Of course great care will be taken that this pro pontiff exercises none of the functions ef real infallibility. lie will receive deputations, Bmila affably, utter compliments in Latin, take a walk now, and then in tne Vatican gardens, and perform such of the sacred ceremonies as are indispensable, but anything beyond that he will not do. We shall not have any more bulls, fulminations, defections, encyclicals, or abuses for the present. San Francisco, 1A dispatch from Boyle's camp, June 11, states that the captive Modocs will be taken to Fort Klamath, where a commissioner will sit on them. Some wounded troops have been sent already. It is generally thought that Bogus Charley, Hooka Jim, Steamboat Frank and Shack Nasty Jim having volunteered to capture Jack,' will escape punishment. Those not tried for murder will be forwarded to Alcatraz. Jackson's troops will start for Fort Klamath, this evening, to prepare for the reception of the Modoc captives. New York, 13. .The trial of the cas'e of Tennie C. Claf-li-n and Col. Blood for sending - obscene matter through the U S. Mails, has been set down for trial Monday next owing to Mrs. Woodhull's sickness. The trial of Frank Walworth for the murder of his father, was set for Monday 23d inst., ia court of Oyer and Terminer. .4 .. , committed Agnes Shandly was for trial on the charge of injuring a man seriously wkh a pitcher. She claims she acted in Mrs. Woodhull is believed out of danNo-n- b.-i- ng - " -. ' ! . y self-defenc- ger- , Hamilton, Ont., 13. i Thos. Fields, an employee of the 0. W.' R R., cut the throats of his children, two being aged , four .years "and another aged fourteen months, and then attempted the murder of his" wife. He is supposed to be insane. ' FOREIGN. ; to-d-ay Paris, 12. Butter, 'Eggs, ""'Kinds of Produce. T Thiers has written a ; , letter to a friend, in which he says he has retired to private life, beliiving that party government iu France is a mistake, and will only lead to fresh divi4'?"nrnrd neni f GRASS SEEDS co- - sions. Berlin, 12. , i f . It is probable vthat parliament will adopt a resolution, extending the provisions of the Constitution of Germany Syiu wV v TJ"rriage. to Alsace and Lorraine. Should this : ""uu,lw resiorea. measure be carried out, AlBace and Lordiluent, tu n,... raine will be entitled to elect fifteen k,lnd circular. . R"d, remedies. members to parliament, and none of the iaaabitanis who choose the French Tia- will be allowed to vote; un'il uu"ble conduct 4nd pt Uonaliiy e sworn allegiance to uermany, v " . The People &c, AMERICAN. " to-da- ON DR. MURPHY. L Yesterday his honor, Chief Justice McKean, a judge of the Third District, rendered the following : 'TERRITORY OF UTAH. , ; 1 m Watches, Clocks, Jewelry, Silver and Ware, MAIN SXRKET. OOLKN. wpairmg neatly done and ail work warranted. ! Mansfield, Atchison, To-da- WHITEHEAD, G. Party Government in , 5.00 p.m. 5.00 p.m. 2.30 p.m. Loptul and llmrsdayi KUwifie, Extraordinary Story of a Bogus Pope! Kvanaton Wyom-t'rKaca lor Hich County. at Judicial Decisions!, France a Failure! 7.00 a.m. 6.00p.m. and County, Xuo.days, Xhursdays -- Sundays Daily t Rich County, Tuesdays The Liquor Traffic. Special to th Oqdes Jdnciics by the itlautictnd Pacific Telegraph Company. OF MAILS ARRIVAL ANB. CLOSING .. BY TELEGRAPH. DIRECTORY. OCDEN , -- tbey-haT- , , 22. Also, "To grant and issue licenses, aud direct the manner of issuing and registering thereof, and the fee to be paid therefor.' See City Charter, Sec. 41. -- Also - "To license, tax and regulate merchants and retailers, auctioneers, distillers, brewers, brokers, and money changers, and to impose duties upon the sale of goods at auction." ' See City Charier, sec. 42. Also "To license, regulate or restrain the manufacturers, sellers or vendors of spirituous and fermented liquors, tavern keepers, dram or tippling shop keepers," etc. See City Charter, sec. 24. The power to license and the power to tax are different powers. The latter is not given in sec. 24 of the City Charter. The City Council also have power "To make and execute ordinances for, the peace, good order, regulation, convenience and cleanliness of the city, and for the health, safety and happiness of the inhabitants thereof." See City Charter, pawn-broker- . sec. 70. s, Corporations, sec. 292, note 2. But, whether those courts have so held or not, I repeat, that the doctrine seems to me to be right upon principle, and to be a just construction of the City Charter. Let me not be misunderstood. The City Council cannot arbitrarily and capriciously demand and enforce any sum of money that they may please for a license, however exorbitant. The ordinance fixing tbe charge for a license, must be reasonable, or the courts will declare it to be void. The principles applicable to the license system must be rigidly adhered to if licenses are granted, and neither taxation nor prohibition can be resorted to under the forms of a license. Very different principles are involved in licensing,' taxing and prohibiting, and neither of the last two can be carried out under the forms of the first. Whilo it does not belong to courts to dictate in advance to legislative bodies, yet the circumstances of this case mafce it proper to say, that I deem the sum of $50 per quarter, or ?200 per year, a smaller sum than the City Council is bound to accept for a liquor license. The restrictive principle ' upon which (hey may act, even under the license system, will justify them in charging more than ' that. The charter granted by the Legislature to the City "is silent as to the sum that may be oharged for a liquor license. Is the sum $450 per quarter, or $1,800 per year, an unreasonable charge T Does it pervert the license system into a system of taxation? Or does it become prohibitory in its character, while it preserves the forms of the license system ? Under a charter similar to that of Salt Lake City, in the particulars under consideration, a corporation was held to be competent to enact an ordinance demanding $500 as the fee for a retail license. This would seem to have baen the fee for a year. See Dillon's Municipal Corporations, section 299, note 3. The town council of Cahaba, Ala., under a charter resembling ours, passed an ordinance charging $1,000 for a liquor license. The Supreme Court of that State, in ex parte Burnette, 80 Alabama, 469, held the ordinance to be prohibitory in its nature, and void. The court, in that case, adds, "The question in this case is not relieved of Its embarrassment by tbe fact that, notwithstanding the price, one retailer has submitted to the terms of the ordinance, and has driven a prosperous business. The ordinance still remains in its nature prohib. itory." These cases are cited, not as necessaThis provision does not enlarge the controlling here, but because they rily conferred particular powers specifically throw some light on tbe question under the cited. See sections other already by Dillon's Municipal ' Corporations, see. der consideration. In construing the ordinances of a particular city, the charter 250. A tax, unlike a license, must be en- and the circumstances of such city must forced by the collector. See City Char- be kept steadily in view The ordinances of one city may not suit another. See ter, sec. 67! Municipal Corporations, section The courts cannot dictate to Congress, Dillon's 261.nor to the Legislature wha laws, nor to The views of legislative bodies, of city the City Council, what ordinances they and of courts elsewhere councils,shall enact; but the courts, when' the the States and Territories throughout conquestions arise, must poss upon the us tbe better to answer the enable may reaand the of the laws, stitutionality the ordinance under whether sonableness of the ordinances that have question, consideration is not reasonable? or is DilSee been enacted by those bodies. lon's Municipal Corporations, sees. 261 The court is not aware of any city in the ' Republio 'where $1,800 per yar is and 262. for a liquor license. There are licharged euro no for fixed The Legislature cense., Is the amount prescribed by the some cities where the liquor traffic is ordinance unreasonable? Have the City prohibited but it is believed there are Council converted or perverted the li- none where such a fee is deemed at all cence system into a system of taxation ? comi atible with the license system. To exact such a fee is an attempt to blend 'Concerning useful trades and employtaxation, prohibition and license into observed to distinction is be a ments, one system.' Jt cannot be done. The ortween the power to license and the power dinance under consideration is not auto tax. In such cases the license cannot be used as a mode of taxation, with a thorized by the charter, is unreasonable, view to revenue, but a reasonable fee for and therefor void.1 The petitioners most be discharged. the license and the labor attending its issue may be charged." See "Dillon's TERRITORY OF UTAH, M. Corp., sco. 291." v THIRD DISTRICT COURT. j But the traffic in, intoxicating liquors to be used as beverages, although in Lawrence, Mann,' Lannan, Hale and , Blachtol, plaintiffs. Utah, as in most of the States and Terri,, ,' ,,- Jit is nevertheless tories, a lawful business, Lake City, Wells, Mayor, &c, and Salt busias a where and here every regarded Clinton; Justice of the Peace, defendness liable to many abuses, and exper' :' ants.' ' with is shows that it fraught ience great evils to society. I am of opinion that a McKean, C. J.This is a bill in board of excise may rightfully charge Equity. The plaintiffs are engaged in more for a liquor license than barely a the sale of spirituous and fermented lifee for the license, and the labor attend- quors in Salt Lake city. Prosecutions ing its issue. So trifling a charge would have been commenced against some, and invite numerous) almost innumerable ap- are threatened against others of them plications for licenses, and would tend for alleged violations of tbe city ordigreatly to extend ' th busiftees.i; White nance exacting the payment of $450 per the license granted is permissive, it may quarter year for license to sell such liby the fee charged for it, be made par- quors. The ordinabce provides for crim-nprosecutions,' and for line and imtially restrictive in its operation. ' I Of 41 24 the and that sections City think prisonment of those who shall be conCharter will bear this construction ; and victed.. The plaintiffs Allege that they I deem it right upon 'general principles. offered to pay $50jer quarter, year, for If I rightly understand them, (as cited license,' which Va refused that ihV deby Dillon) the. Supreme, Courts.of Wis- - mand for $450'is iltegal, and the ordi- consm ana lowa nave suDsiamiiuiy new Da'nce ToidV TJiey pray fer the writ cf this dectriue. See'VDillon'sJMuniciv-a- l injunction to restrain , the, defendants', - , - " . - i , , al ; a from further prosecuting them, under said ordinance. The defendants demur to the bill on the grounds 1st: That the bill is net signed by counsel. This point is well taken. Seo Rule 24, S. C. Equity P.ule; Story's Eq. PL, Sec. 48; Mitl'ord's PI., 48: Daniel's Ch. PI.. 80(5: 3 McLean. J04: 5 Cranch, 637; 2 Edwards, ISO; But the Court while sustaining the demurrer in this purticular.bas discretionary authority to permit the bill to lo amended. The defendants demur 2odly: That the plaiutiffs have not et.tted such acnee as entitle them to any relief in equity. The prosecutions provided for by the ordinance in question, for the allegro offences of tho p'aintiffs.are criminal No authorities weru cited ou the argument and I am not aware of any tliat authorize a court to restrain criminal prosecutions by injunction. In Burnett tt. Craig, 30 Alabama, 131, the Supreme Court of Alabama ey, "M'e have not been able to find any principle or adjudged case which triustifies an in- juction to stay a prosecution, either crim inal or jua.j criminal; or to reslrain a trespass to the person or personal property. We think such a precedent would bean alarming Mrctch of equity jurisdic tion. ' Although a court of eouitv can not interfere to stay criminal proceedings, yet if a persou be maliciously prosecuted he has his remedy at law, or tvould have were just laws enacted here. If such laws do not exist the courts cannot be held responsible therefor. The petition for injunction must denied. 519-52- 0. prof-cution- j s. - il ' 1 H r ! l JIurdcr a Slop Toward Heaven. Thomas Smith was hung in Louis-rileKy., March 28. Like the other murderers who havo been huns$ recently, Smith appears to have been "converted" just before his execution, lie was even baptized and joined the Methodist Church; and, iu appropriate speech which he made on the occasion, said, "he was now ready to die, and he didu't care hof soon; ho was glad this thing fthti murder had happened, for it had taught him to look to Christ and make his peace with God." It would seem that the more wicked a man is the better chance he has for bcinj; "saved"; something iu the shape of a murder would appear really to improve his heavenly prospects! The church delights in these hard case, and undertakes them with unctuous alacrity. But what an impressive exhibit is all this of the absurdity of the popular Orthodox theology! c, . v Index. How Some FiresI,, ISrenlc Out. . oxidu-- so rapidly as to cause combustion aro reported in the foreign scientific jour- nals. It was found that cotton soaked in boiled linseed oil, wtiste, and wrung out, when exposed to a temperature of 170 degrees oxidised so rapidly as to ignite in 105 minutes, this being the time when the oxidation was the slowest. A common lucifcr match box, full, exposed to a temperature of ICG degrees, ignited in one hour, llaw linseed oil ignited less readily. The fact alo appeared evident in these experiments that the heavy oils from coal anJ shale act in a remaikable manner to prevent the oxidisation, as they keep the tissue from contact with the air. In a comparison of the spontaneous combustion of oiled cotton waste and oiled silk waste, under the impression that oiled silk waste might provo more secure, the result showed nothing to justify the expectation. A gentleman, whose wife has been ' . ' ' ill for some time, came down on Sat- urday with a face longer than a revised charter. A friend who mee-higrasped his hand in tearful sympathy, and murmurad : 'Oh when did she die ?". "Oh;' thunder !" was the solemn reply, "she ain't .dead,' . ' ', house," js cleaning, (t , m ! . , .. i i ' V Some experiments made with a view to determine the temperatures at which certain substances i ' ! |
