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Show I LIQUOR CASES AfftAlEB TO DISTRICT COURT ARE MISSED H Under Ruling of Judge Harris of Ogden, City Has Not The B Authority to Prohibit the 'Keeping For Sale' of H Intoxicating Liquors. Forsbcrg HI Motion Denied. i' , , fl , Judge N. J. Harris ot Ogden has HH 1' handed down his decision in the Lo-H Lo-H b can City liquor cases which wero HI F handed htm on on appeal from the HI Juatlco court of this city. Six cases B went up on appeal and with tho ox-Hi ox-Hi ceptlon of defendant Frank Fors-Hi Fors-Hi berg Jr" tne cases wero all dismiss-II dismiss-II ed. Tho ground on which Judge Har- I rla reached his decision was that HI Logan City has not tho right under II her charter powers to prohibit the II "keeping for salo" of intoxicating II liquors. Ho contends, howovcr, that I tho city has tho right to prohibit the II salo of Intoxicating liquors and as II Forsbcrg was tho only defendant ex-Hfl ex-Hfl pressly charged with having commit-B1V commit-B1V ted this offense, he alono was denied i Hfl,; the motion to dismiss. Extracts from H tho typewritten decision glvo clear-IB clear-IB ly tho position taKen by Judge Har- I HjV "It Is conceded that tho qauUllrd HH electors of Logan City havo voted, HJH 'against sale,' bo the only charter HB powers expressly conferred upon tho HI clty l,y tnnt Provision aro to 'prohlb- HI " tno mn,,ufacturlng, selling, giving HB away or disposition In any manner HB ot anjr Intoxicating liquors.' J "I do not think that It would bo . K seriously contended that tho terms 5 B 'selling,' 'giving away' or 'disposition' i Hj Include tho term 'keeping for salo,' H It is clear, therefore, that no express ' IB) authority Is glvon the city to prohlb- ' 'I It tho 'keeping for sale' of any bucIi .HI liquors, unless the same Is to bo IK found in some other provision of tho Ht statute HE "So the only remaining question to H5)b determined is this: Is the power BvC'to prohibit 'keeping for salo' neces- BT sarlly or fnlrly lmP"ed n or Incident Bt to tho powers expressly granted, to pHfl wlt: PronlultlnS tho salo or disposl- ' nH, tlon of such liquors? I havo been tin- BJ' ablo to And such a holding among 1 1? tho reported decisions. Tho city may Bf make tho soiling ot liquor a crime. I.' That power Is expressly conferred. V Can It bo Bald that they havo tho lm- B Pllcd Power, without any authority B bolng expressly granted therefor, to B mako an ontlroly dlfforent act, to wit: 'keeping for sale,' a crime also? B If tholr Powers can be thus extended B by implication, how far may they not H- ko? Could they not as well claim the B power to make it a crime to keep for K private use, or to use, in any man- I ner, any Intoxicating liquor within H tho city limits, assuming that such BY legislation would bo held constitu- w tional? It seems to me that such a im holding would violate all the rules 'Hj laid down by tho courts for the con- 'Bf struction of municipal charters. 'R A number of authorities are given H in a very careful roview of tho stat- BJ utes following which Judgo Harris ,'B concludes his decision thus: B "H appears from tho foregoing B that the first objection that tho com- ,fl plaint In each of tho respective cau- fl ses does not stuto facts sulllcleut to ,B constltuto a public offense Is well jB taken as to all the complaints charg- 'fl lag an unlawful keeping of Intoxlcat- fl ing liquors for salo. It appears, how- V ever, tbnt tho complaint charging an unlawful salo Is sufllclent on which I to hold tho defendant Forsberg, as ,1 it sufllclently charges a violation ot :l tho said ordlnanco ot Logan City ma- king the sale of Intoxicating liquors unlawful. "It follows that tho motions of the defendants Edwin Gardner and Chris Larson, Wand Hanks, John Doyle, Harriet Steadman and Georgo Tl.ler to dismiss said actions should bo granted and the actions dismissed accordingly; furthermore, that the motion of tho defendant Frank Forsbcrg Fors-bcrg Jr., to dismiss tho action against him Bhould bo denlod. "And it Is so ordered." |