Show LIQUOR L IQ CASE convictions CON X NOW HELD TO BE B ILLEGAL Di distria judge loofbourow hands down decision that Is far rea reaching ching convicted may recover damages WIL auitt HOLDS that justice court courts a bay no ju juris rt dwon to pass and lm IMO I MO abe alak in uwe cues brought under the 1911 tato state liquor law justice justices at of the pue in euch such liquor cases ca can a act only as committing mogi magistrates strates as in felony maw that violation violations of tie tle liquor law ore are indictable and aa as such must bo be tried in the court that only the dietrict dietr lct court haa halt ri ginial jurisdiction of pausing passing judg moat meat nad Impo eUlon of pAe penalty nalty in euch such bax a il 11 01 DECISION all jusela court convict convictions lonz un dor dw liquor taw law alnee elne it became colye are branded illegal and void arons 0 o convicted an nna I 1 pen pen 1 il I iced have the legal of action artiest agil artin net st tho the justice courts so penal tiling them for recovery of alnes or damage damages s for imprisonment all prosecutions for of the liquor law ihunt be carried crp d through the justice coul court coults ts an committing courts and finally trw ark d la lit the district courts it if the do de are not mot dismissed for I lick wk of or evidence by the lower court procedure in prosecution of offenders tOT dera agaL nt the 1911 liduor law Is a oa revolutionized through gb out aba th state by a decision handed handa down by judge P F C loofbourow of the criminal division of 0 the third strict court the tho court holde holds that no justice of the peace haa has authority thor lity to paw pam judg judgment meat or impose penalty in any case brought under the mow now m o w liquor law and that the jurisdiction of the justice is I 1 only that of a commuting committing magistrate in oath caad it id Is held bibat a it justice 1 a as g in mw felony casi can give th the accused e under the liquor law a pre UtrA nary examination and if tf he thinks there la Is ceule may bind him avor to the district wurt court but at LI hold that the hs justice cnut gov t the a regular trw t juide loofbourow holds that only the district rt court baa has the right of tactual trial passing of judgment vid mcd imposition of benalt pe tor for violation of any se etton of the liquor law knowl as chapter ot of the session lawn laws at 0 1911 completely the a effect of thia this far reaching de clelon islon it LA is cl claimed aLmed la Is not only completely to upset the procedure r in liquor caser but to declare that every conviction in ave vey y justice court in the distalo of rutih for violation of the ne aquor law la is 4 illegal abul void the courte courts decision Is ftp ap directly to only two ca at bar on appeal from froni a justice court of ot salt lake county the ruling holde holds la in ah all other cases under the law and od according to legal authorities man in h the state who has had conviction under the liquor law pasata upon him by a jutt juanice loo court md and ha been either fined or imprisoned ha L legal raishi of acolon agid the convicting court to recover tho th fine paid and daninger dani ngee for imprisonment if it he lie wai wa i to jail thousand Thou tand such ae As ther there have been probably more inore than n thousand juedtke court liquor convictions in the ae last year and a half this th widespread importance pt pf the de clelon cislon of judge loofbourow and the a illig irions and c com in ions which may are pointed out by attorney i in aa allt 1 it lake county atone it is estimated there have been beon soma four or fl five hundred ruch such and in nl moet most overy ra case rase se a fine haa his ben been ini r pod po d or a prison pen in tence pasel I 1 according to the decision rf J audgo ago loofbourow prosecutions I 1 r violation Klo laUon of the liquor aa law must 01 u handled in the same manner in which felon oa are handled no nou A complaint oom tom plaint fumed b hi the proper authorities must tx he filed with a jie uce of the pe w f and ho lie will tit ive lye tho the accused amused a preliminary examina tion it if by lie finde finds cause enuse to believe the person guilty and that a crime h ha been committed be he will then blad the accused over U the district court tor for a regular trial the defendant will then be entitled to a jury trial lai alij on n pital us the decision banded handed down by judge loofbourow I was in two appeal oases ol 01 the state of utah against C F bray the latter bold sold beer boor in his restaurant according to detective and was charged with selling liquor without a license a violation of one section of the new liquor law the complaints vere issued by the count attorney and tiled filed before justice harris the gustke tried both cases found bray guilty und and 1111 a fine of a hun ired dollars and thirty diya tl lya in jail it fir r each offense bray appealed both cases to the district court and attacked the judgment of the lower court on te the ground that the justice licked the canoa were submit to judge judco loofbourow on brieto briefs and while ho he holds that the justice court lad jurisdiction of 0 the offense ho finde finds that the penalty prescribed by law la Is beyond the jurisdiction of 1 ft justice court as by the constitution ution hence the court has no authority or 1 4 to try cases under the liquor jaw law and paa a judgment and impose penalty the court quashes judgment and penalty in both cases and 1 remands them to the justice court with instructions to the justice to proceed in accor accordance dince with the law to hold a preliminary examination and either discharge defendant d for lack of evidence or bind him over to the district court for final trial the finding of judge loofbourow le Is ned upon tho the fact that tho the new now liquor law makes violation of lie its an table misdemeanor and provide provides tor for penalties run nine ming in some cases from a li hundred undred to a ft thousand anid dollars and iv in othere others from rom a thousand to alye thousand dollari in addition to ternie tm im county At duome torne in lit abie the county attorney at salt luke luko city haa has decided to conduct all future liquor cases after the manner described in the decision of judge loofbourow every person charged with violation of the liquor law will be arraigned before a justice of the peace and it if the evidence ie Is sufficient will be committed to the district court tor for trial no na more trials will be held nor bin ism pronounced by the lower courts at leant lea rt this procedure will ill be followed until il the supreme court has on the de clelon of ju jupe loofbourow steps fco to brine bring the Is eue before the supreme court probably will in bo taken within the next few daye days adieth v feature ot of tha new now pro pr c alduro will be that all search and elzure carranto war ranta kwi ed in the future will be from the tb district court abd will be returnable to the same court |