| Show AN IMPORTANT LIQUOR DECISION THE courts in nebraska take a different view of the liquor license question from that which is held by the third district court of utah the legislature of that state recently passed a law which is known as the law based on the principle that a high license fee ia Is the best method of re regulating traffic it was regarded as a stepping stone atone to it ed for licenses I 1 of from to 1000 covering the sale of beer ag as well wel as ardent spirits and the dealers were required to 0 o give londs bonds in the j bum sum of render th themselves em selves liable to suits for civil damages and to take down all screens so as to make their saloons public and open to the public eye of course the saloon keepers resisted the jaw law omaha has one hundred and forty of them who would have to pay the 1009 1099 license fee or shut u up A casenas case cabe was tried under the tha new law as a andrew was the defendant and the constitutionality of the law being denied t was fried tried in the district court before judge savage who decided that the law was sound round and binding an appeal was taken to the supreme court ourt and that tribunal has rule ruiel 1 that the law is constitutional arguments requiring weeks of hard hartl labor in preparation were made by able counsel on both sides bides the de casion was unanimous jt it was telegraphed from lincoln the omaha and made quite a F sensation the liquor mens meng men over half of them declaring that they would close up and go butof out of the business and that a similar effect would be produced throughout the state this no doubt was one of the oh ob held in view by the framers of the law A high license fee by closing up the low and md I 1 disreputable drinking dens and limiting the bual busl ness nesa ta to responsible persons does awa away V with many 0 of t the evils connected connect eA with me ibe liau or and nud keens keen it within more respectable bounds tit e bohlds required by the law form a further guaranty for order and decenes decency and the mea men measure to secure publicity will be the means no doubt do of keeping many people out of the saloons judge laho lake who cle delivered livered the opinion of the court which will not be nied filed until the of october to which da day the court adjourned anty on being interviewed by a reporter of the omaha arald herald baldi anve we decided that the law was a police regulation entirely ent imly and that the imposition bf the money for license is in no sense a ct taz tax as the word ward Is la used in the constitution it NJ wil wll rii gil be remembered that oneff one of the main mai n objections offered ed by judo judge hunter to the 1000 lacewe fee aee of this city wa that ha its bigl kix figu figure re was siueli ru ch as to 0 amount t to a tax ano supreme cour of bebra nebraska sira sica takes a totally different view of this point agreeing agre eing ping exactly with that advanced by this titis paper some comment having been made oon won upon von the haste with which the decision was arrived at only twenty four hours elapsing between the close of the arguments sand and the rendering of the ruling judge lake laake explained we vve tod toa took thomase the tho cabe case up lip as to aon boon soon n as submitted yesterday and did nothing else and up every authority that was cited making it our business until this morning that is working yesterday afternoon and up to noon today to day we wb examined the case then and the court was Ws united in the opinion it appears th atone that one of the points made mado in the them caad of was that though the jaw might be valid and binding on general principle cip for put vt vot yot it would not pot ope operate alq in hiss bla case because he held heid an license from the oisy city council the judge deo remarked i we held irl n this as judge T savage did that the law disregards all licenses license issued under the formen former statute repealed by bythe the nevy nesy statute which wen went tInto into effect op oll the firel nasf day if juge jupe the daiv wp 1 sustained judge savage sava saxa decision in ift au all particulars and I 1 tier orr court was aa 1 l I 1 U unit 4 I 1 2 r 9 5 j this decision will have great weight in other places besides the state where it was rendered the thole question was elaborately pre pro dented kited in briefs on oa both sides and 01 the authorities that could be eted cited were referred to pro and con this ruling betties settles the matter hi in N eb and will form a precedent fathe lathe in the st struggle rugg going goin 0 on against the liquor traffic in ot other othen le r parts arts of the aalon rolon the full text r of f the deci loa lon bonwill ion will be looked for with interest inte jute resL utah needs a general statute on sale saie of in intoxicants toxicants toxic ants and th the business lff iff all our towns villages and addes would be under strict strick control ribe gibe officials furnished us by the tho t he federal dictum would only ace ac in ih li harmony armony with the wishes of the kody body of the elizen ct izen in inconsonance consonance with the local laws lawr and regulations nd in the tho interests of order sobriety peace and the general welfare |
