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Show TRAVELERS ARE IT TO BE JAILED FOR j HAVING LIQUOR William Cordier and Pete Cordfer, brothers, who arrived in Ogden this morning enroute from California to their home m Wyoming and were arrested ar-rested at the I'niou depot on a charge of having liquor unlawtully in their possession, were each given a 30-da suspended sentence by Judge George I S. Barker. In passing sentence on the two men.' Judge Barker announced from the 1 1 1 n c h the attitude that will be as- snnied hereafter by the municipal j court in dealing with parties from out-Bide out-Bide states who are arrested as they past through Ogden and are found to i have liquor in ifaptr possession Judge Barker, who was sustained by Assistant City Attorney David L.I Stine m his attitude toward this class of offenders, said that it would bej the policy of the court to sustain the prohibition law and to at all times' make the wilful violation of its pro- j visions a basis for severe punishment; , but that in cases where parties are merely passing through the state and' the onlv violation of the law is purely 1 technical, and not in violation of itsj spirit, common sense discretion will be! used m disposing of them. The judge went on to state that where Ihe only , offense is the mere possession of a I single bottle of liquor which is found! in a suit -case and the party is not under un-der the influence oi liquor while wait - I ins between trains, it will not be ad-I visable for the police officers to brine the individual into court. Judge Barker, intimated that lie did not believe that -in h cases were within the contemplation contempla-tion of the legislature when the law : was framed and that they hung, at the best, upon a fnere technicalitv . The two young men stated that they had not thought much about the matter mat-ter and had brought a lull? liquor on the journey, which some friends had given them as they were boarding the train in California. They had drank a little of it along the route and. whenj arrested this morning at the L nion de-pot, de-pot, they had two bottles between them One of the bottles was still j sealed and the other had been opened,' according to the testimony in ihe case. Attorney Agrees. Attorney Stine agreed with Judge Barker and said: "Your honor, I think this is one of the cases where discretion should be exercised. Our court is not maintained main-tained for any tyrannical purpose, and! it would seem to me that, c linging to I a mere technicality, where there Is no real intent to violate the law, would in such a case as this, be more in the' 'nature of persecution than prosecution. prosecu-tion. These two young men are go-1 ing through our state; they have their, tickets, which the police took from them, and to hold them in jail in case they could not pay the line of the minimum sum the law allows to be i imposed, would cause them to lose their transportation and their time, as) well, which would be a very severe jolt to hand out to a person who is,, merely passing our door, and would 1 most certainly not have a tendency to cause that person to speak well of us in other communities. In the present case, 1 would advise a suspended sentence, sen-tence, and I will say that I agree with the court that discretion should be exercised ex-ercised in such cases as these. But' if we find a real Intent to violate the law. or if the person is under the influence in-fluence of liquor when he arrives here, arrest should lollow. I believe this would have a better effect on the bootlegging situation and on drunk -'ennesd than indiscriminately arrest -ing every person who has a few ounces of liquor in a crip while riding rid-ing through on a train. ' Suspended Sentence. Judge Barker, in passing Bentence on the young men said "You two young men are really guilty of violating the prohibition law in this slate, though you may not have Intended to do so, for it is unlawful to bring liquor into Utah fr any purpose pur-pose whatsoever However. I do not feel that it would be a just thing to sentence you to pay the minimum fine or to spend the alternative time in jail, which would not be less than 30 days That would cause you to lose your tickets and keep you from your families, beside- keeping you from useful work at a time when each man. Is necessary to welfare of the nation and should not be kepi idle in jail. "In such cases as these, I believe discretion is called for on the part oi the officers. But if they find a man! v isibly under the influence of liquor j when he leaves a train here while! waiting for another, or if he is making mak-ing a display of the fact that he has possession of liquor, by openly drink-I ing it, or in any other manner, then the officers should arrest him and! bring him before the court. In such cases this court will be severe enough to put a damper on repetitions of the offense "We are try ing to be consistent j here, and I believe we ran be so by exercising discretion in such cases as these, and that by so doing we will be upholding the law and the honor of our city." oo |