Show A A RULING IN FAVOR OF DISORDER ONCE more the influence of the third district court has been exercised in favor of the liquor trammie traffic and against 0 the loc local al authorities in their efm eff morts to control it the ordinance requiring a license licens e fee of one thousand dollars a year was de dared oared godby void by judge john A hunter er on the ground that it was too high hiah and was by reason of its excess in 1 the nature of a tax judge J B NIC mckean Kean of the same court ome iome years previous after havin having g ruled against the valida validity ta i feack icci ane or ori that tha t judge hunter since bince a inc repudiated the C ity coun ell cil recently passed another or denance dl di nance reducing the license fee to eight hund hundred ed dollars a year this judge hunter hunt er 0 on saturday evening last decI declared ared inoperative and void for reasons which are set north forth for fon th in I 1 another place in this paper one of the most moet important of these the is the argument that because e til the legislature which granted the city cit X its charter had also enacted a general a law requiring all persons selling liquor to first be licens licensed td cd by tb the county court the two laws r aust b construed together as atno no exception was made in the case of cities J the court presumed that all liquor dealers d eal eai had abt obtained a license fr from om the county court and while grantin granting that t ile the city could also require a 1 license I fee of the dealers already licensed by the county court yet he ill claimed it had no right to regu late or cestr restrain in them the language augu of the charter being coto to 11 license cense regulate or restrain reference to the statute regu regulating latin the in sale of intoci eating liquors shows that the law jaw t malze mazze a alze asia intended to apply only I 1 was clearly intended ir to districts outside of incorporated cities the system ot of local government t tra fra vest ver I 1 to in th thia this a T territory being the of regulating municipal power councils by special affairs in the city charters and th tile e affairs of regions outside of incorporated courts one clas clab cias class of in the county officials not interfering in any way with the other oiher so in the law referred the to by judge hunter aloang section says no P provision rov ros islon of in an any so 30 construe construed as to interfere osof of the municipal mu iel lei wa way wita with w h the rights authorities of incorporated towns and cities the intent of the law la Is evident it does docs who can read in w s make mae an exception 1 the practice has been the cities no with the law accordance in n license fee has been demanded by the county courts of liau liquor r dealer cities because that might in the 1 wi 36 cl pal authorities the stress which judge hunter puts upon the word or and the he draws from it be expected of a pettifogging pleader but will not add to his reputation as a judicial officer the whole charter ought to be viewed in III its ite entirety the powers granted thereby should be construed liberally all ail because e use the OW object et in view I 1 the regulation of affairs for th the peace good order tand land general welfare of the inhabitants the city in tp passing an ordinance for th the licensing of the sale salo of liquor ex exer er police pollee authority to regulate something which it has haa not power to P prohibit r bit section 24 21 of the charter i authorizes the council counci I 1 to license regulate or te restrain strain the manu facter ers ens ors era or vender sot of ardent spirits see fieo tion 42 however lio ilo wever empowers it to license 1 tax and regulate merchants and retailers distillers brewers ac c section 70 confers power W 9 dass pass make ordain establish and ex execute eoutz all such ordin ordinances arices alices not repugnant to Constitution the of the united states or the laws of the territory y as the Counci imay deem necessary for the deac peace e good order orders regulation etc eto te odthe of the city and for the health 3 safety and hah hap happiness of the inhabitants thereof both general nud and special powers are conferred upon the council and if th the e word or mccu occurs rs in section 24 tile the word and andis is found in section 42 if a dispenser of intoci cluts cants C ints luts by IT the drink or dram is not fl in retailer what ia he if he is a taller retailer ro of ardent spirits or anything any aDy thing else the city has power to sch ich license bensel tax and regulate his big baine balne business sl it the municipal authorities deem it necessary for the peace and good order of the ci city eity ety ets to regulate or re strain tile the trammie traffic in liquor causes nausea so much disturbance nd and requires the eer ger services vices of 0 30 0 many pox poW gemen cemen b by imposing high maii te af license what is there n the charter or dr in good sound logic logi ar or common sense to prevent that method method of regulation or nestra restraint in 1 does judge hunter expect the public to believe bellev e that the city has n no inight right to regulate or restrain by means ans aus of licence license fees Is not thai that mode of regu Tegu regulation lation or restraint adopted all over t to c civilized world and in taking advantage of one word in one section of the charter and ig noring other parts of the instrument is he not playing into the hands of an element of disorder and working of t he h e inhabitants of this thlik city the number nu m of those who would ans answers werno no to this question are without doubt very few and insignificant As to the amount I 1 of license e fe fee that it takes to make it H a tax his honor leaves us in the dark the th city I 1 ty charter in section 41 in makes akes I 1 t the e fe fee discretionary with the city council that body is made the judge of th the sum necessary tile the supreme e court of nebraska recently ya III in full bench una tilix bously ruled hilt that t a license fe nee fee of f one thousand dollars per annum was not excessive and an was not a tax within tb the 0 me meaning a ning of 0 the law aw judge hunter leaver lea ek us to inner infer that all the 11 license ce usef fea ea the city can demand is an amour amoul amount nIt necessary essary ce to C over cover the cost of issuing ft it ignoring the tile consequences of the liquor traffic its expense to the til e acty ety C ty because of the disturbance of 0 f the public peace growing out of it and an all other considerations usually usual ly held lin in the discussion of this subject and land 4 common mon P people eople who are not influenced by chicanery and word twisting will come to the con conclusion chIslon that the object in view is 0 o give facility f 4 to the deflers of 10 local ca 1 regulations regul Lic ii to multiply dram shob shops ang anu low ow tippling dens dena with ith 1 all an glnn their con comi eoin coin tants of evil and thus thua territory the people of this among age the vices and corruptions corrupt ions lons which blound abound in other communities we should be sorry t to 0 misjudge or one but bui as the tho falsely accuse any lord urd lives and satan works to him we believe belleve these oppose movements in 0 opposition ap pp 0 a to the local laws and tb the 0 e expressed x pre shed wishes of the large majority of the people to be la inspired by the desire we wo havo have mentioned the ultimate end being to sow BOW the strife strife and demo demoralization realization for the institutions of E breaking up in of the the batter latter day saints but mut just as this convictions ot our are firm aa as intent to 0 sure are we that the plan I 1 will fall fail and will result in shame confusion to those who thus B aplan ian lan for evil and iona lona inear ulu iv when they should labor I 1 work injury establish to put down vice vied and in the a gho asness and peace earth be tested in li tt CT eoula coult w ja lido J jael jel jer m jaw W and bonie e chance of a lust just ruling |