| Show JUDICIAL DECISION in tho iatter latter case named above the defendant by his attorney P lynch esq petitioned judger judge titus in chambers ara dra writ of bf prohibition that the magistrate suld suid sald proceed no further in the case advancing as reasons for such petition the possession of a united states licence extending to may ISCO and tha th having had a license from the city the renewal of which had been refused by the city authorities on application after hearing the arguments of the petitioner and the tile cou counsel ansel for the city Z snow esq ESI est ills his honor judge titus ruled substantially as aa follows no one can cari claim as a judicial right either cither the tho original grant or renewal of a license to pursue any business which requires it this is a self evident legal proposition various decisions of the U 8 supreme court were quoted to to prove provo rove this the organic act of the territory of utah tests vests in it legislative power subject to the disaffirm ance of congress under the powers thus conferred the legislature of this thia territory confer red a chartered on great salt lake city which has been before the congress of the united states for five years and although that body revised the territorial laws three years ago and dis affirmed parts of them this act was left untouched the presumption inevitably is therefore that the charter of great salt lake city was thus ra ratified tilled and confirmed and is now law in full force binding on all concerned that charter empowers the city council Connell among other things to license regulate or restrain the manufacturers sellers or sen ven enders senders ders of spirituous and fermented liquors and to make ac ordinances to carry into effect the powers vested in them and anfor enforce c e them by penalties li 11 oi the city Po council uncil unell in pursuance of its charter passed an ordinance in june prohibiting the manufacturing selling or giving away fermented liquors under the penalty of nine fine and imprisonment son ment by that ordinance the renewal of the complainants licence was refused and his 1114 making malting or selling fermented liquors declared a penal ol of Tence fence this court has therefore no authority to declare that the prosecution complained I 1 of Is illegal and unjust and ought to be P prohibited no nation state or su subordinate municipal organization is without taxing and police pow ers As granted to the united states and reserved to the several states these powers are necessary concurrent and indefeasible in both I 1 this ordinance was enacted in accordance with these powers by the organic act of utah as well as by the necessity of the case this territory and its cities stand towards there thee theVe deral derai government as regards these taxing and police P powers ewers on the same footing as the states and cities of the union the who united states license on which the complainant nant relies empowering him to manufacture liquors until may isu has no legal effect to protect him from the city ordinance and all penalty the absolute right of states and cities to allow or prohibit the manufacture and sale of fermented liquors as may or shall appear to them best for their own interest has been exercised tried and established in almost every conceivable form this right has never been successfully fully questioned and cannot be overthrown its exercise here in the form objected to impairs the legal social gr or moral rights of no one the writ asked for was therefore refused |
