| Show ebe liquori LIQUOR i DISPUTE J ft aaa sy vy MUCH disappointment C is felain this city at fj the failure 9 of f court of the Ter tor rHory gry pry to pass upon the liquor question which 17 was brought before I 1 0 that body under the ifie formality of a writ ol 01 habeas corpus rilo the technical 0 objection raised by tae count court courtis is kodad look ed upon as a mere shift tto to avoldt avoid tle the responsibility ot 6 settling a vexed question on which no doubt the Ju justices sLices iare tare among tae the tha t the lippel pil t gant fant canu cant was no nou not under funder restraint is perfectly true but buti butt 4 other cabeal u have been taken up and d decided ty at least two out of the t three iree justices in which the principle was IAO lio ylo different from that in this case tho the roni reni rost rodl aint raint of liberty beings merely nominal and imposed for the purpose 8 of f obtaining a judicial ruling iti the llo 1 liquor question olf dif is io create a great deal of less something definite is fixed teed upon as the settled policy while the federal courts are disposed to upset tue decisions of the local court courts and to rule against the regulations establish established d by pal ordinance confusion must be zhe iho result and the public peace and welfare must necessarily suffer I 1 injury n it rt la Is highly desirable that there should be a full understanding between the higher and lesser courts on this thia important que ques dop and dodging it does not tend to increase public respect for the judicial body that has failed to grapple with it A few days daya ago we gave the outline of a case which is to come up on appeal to the third district court from tooele thoele city this ia is different in its nature from those cases which have been appeal appealed pd from the police court of this city although the ultimate principle in evolved is 13 the same in each instance the ob object eject in view is the maintenance of public order by the tho restraining of the liquor trammie traffic le but fogele has attempted prohibition while salt lake has only attempted regulation each city has proceeded according to its chartered powers salt lake is not specially authorized by the legislature m to prohibit or suppress b but u t to license regulate laap atre oT restrain a the manufacture and sale of intoxicants tooele thoele city is ab au theorized zed to prohibit as well as regula late te the business T the tho lle lic appeal case from toode tp to be a de cl ide lilby by the ilia third district cou con court r t 1 turn aon son ba tee the right of the city C council 0 u to prohibit there is no dout doubt width ia is power is ir EL togie ig city charter it bl s adems doubted w whether aliis jow low iv tl orean n be ado cou con ferrad by tho the legisla luce lure ure pre tiit will vill to 16 seen py y r re a fe 0 ho tho organic act ctr from w the legislature obtains 6 t s 1 ta P powers weds weis that they extend te nd to 0 11 rightful subjects of le legislation cc cob coh i sistena with the constitution of th united stat states e s 11 with three exceptions eions only sonly and among them there thero IS U no reference at hand band there is bothin nothing afif m i the con eon Consi itu tion of the united I 1 states relating to the laiq liquor abr traffic it follows therefore that the legislative assembly had the right to ennet enact laws lawi for the suppression ofha of an admitted evil and iff if it had hod had the right night tr give give kive any muni cl cipar I 1 J powers 0 O W expend to bibs cio corporations to concer r upon n them similar J ak ubbe beir heir ir jurisdiction hp lio validity of basfor laws for th the tho pu pur r tioga p af pf the lives in pro property per t y 6 of e citizens 1 gic elt and aped lor los ar preserving paoo apen paco an and a order is recognized everywhere by the abe courts the ex the I 1 police power powen by mu ia js acknowledged to be t by ch arter and il if i dis fated powers exist in the cliar cilar charter teri terp and there Is nothing in the tw sni smi stilt 6 constitution or organic act whick which answers to that instrument in tere terl ri rii tories subversive of the gnant grant lnig irig g of sueh such powers they are held hold to be intimate Iti mate and tue tho judicial arm is uniformly lifted to sustain the local jurisdiction there are many things which city councils are authorized to sui sit sup p press among them are ate branc branches iles lieg of business which may be clai cial ined to be legitimate but which the municipal authorities author nesco desco consider nalder otherwise 0 ther wige Wise and they not the parties engaging therein are the judges of this question if city authorities consider it necessary for the peace benefit good order regulation and and welfare of the city to prohibit within its limits the manur manufacture acturo or sale of intoxicants they have botha general and a specific right ta do so bo and the exercise of this power i just lust as legitimate as to ta prohibit the aitor storing ing of gunpowder or other com bu tIble tibie or dangerous materials pr jor the running at large largo of certain animals mais within the corporate limits in judge Hunter hunters 3 remarkable ruling on the billiards case rase the subject J act of the powers of th this Is ic city ty in relation to billiards was discussed his honor did not dispute the prohibitory powers of the city in the pre pro referring to the authority to license tax regulate and suppress billiards he said clearly roun things can be done and ari defined the word vord suppress ro imply tuat luat ra a certain thing may forbidden stopped arnd arid says saya that neither of the other three named things can be bd exercised over ans any subject which has been suppressed by legislative enactment it then becomes a prohibited and forbidden thing the subject only af q pf the punitive powers ot 0 the government and he fur fun further then ther rema nema remark ab that at cc authority is undoubtedly given ulven to r rtha tha the crt CUT city council tat taa license to tax borega to regulate a and to suppress billiard tables now ia ill the very same manner authority ja riven given in this wis casa caba in inre re lation to the liquor traffic traffie le and the tooele thoele city council by virtue of that prohibitory power passed ab an ordinance foi fbi bIdding forbidding the he sale of liquors which being violat violated edthe tue the punitive pov PON powers vp rs of the gity pity government w were er ebere exerciser ased a ud it ille Is on appeal from that exe axe exercise of author uy which the judge intimates is the only course left under the circumstances cum stances that this matter comes before the third district court it is la to be hoped that ills his honor will remember tilo the enunciation of these principle plop wh when entile the case comes up in Septem september berr berc 1 i we only desire dealie th the vindication of the law and the support t of or our elvic civic authorities an nithe theodat lust just e of legitimate a atit alit authority city Olty 4 we consider these i essential to tho wel wei we lk being bf f society and hop that those who are so strenuous for the of the law in othen other wali be equally so sd that teli 10 1011 ina inay 11 be ji exhibited aud and that wholesome regulations may be upheld hel hei 4 and aud maintained |
