Show DECIDED it yesterdays arguments inthe habeas corpus case THE MORAL DEPUTY tho justice again puts himself on record vander cook liberated f i the eagerly anxiously and apprehensively hen awaited hour for the arga la the notorious coo k case arrived at 10 yesterday taya the salt lake herald and hie courtroom was filled with a miscellaneous throne of curious listeners chiefly interested the deputy himself leisurely leisure fy entered a few minutes after tho proceedings and took a seat on bench in the bar he was represent ed while for the city williams young and mr moyle appeared amr rawlans occupied the entire morning session shortly after and doing just bedora in opening petition of mr writ of habeas co ruthe by judge spiers for his arrest naming the of fensch and stating that it was contrary to section ail Chapter 7 of the revised lake city relating 10 lo crimes gassed july 1885 also the complaint of 1 Y hampton on which the warranty was issued he then he section in question which is as followed s r r yea person who shall be found guilty of designedly juakin ru akin any indecent or obscene exposure of his or her person or the person of er or shall indecently expose any burbe bull or other la or shall bac gehly or lascivious conduct on duct or prostitution within the jimila of said city shall be deemed guilty of a misdemeanor and shall be liable to a line not exceeding or to imprisonment not exceeding six doutha or to both fine and imvris for each offense ofie nse teim of imprisonment has since been reduced to days mr Itaw lins then said the offense set forth in the complaint was purely one of adulte their claim would be that was not authorized by any power con cons s berred by the legislature upon salt lake city under this ordinance the parta with whom the offense had been committed was equally liable with the prisoner it was always presumed that a statute found upon i legal this presumption did not extend tn ordinances the only provisions of the charter of salt lake city which can to the subject in hand are n section 22 of the charier enacted n 1862 reading as follows to regulate or prohibit billiard tables ten pin alleys or table and ball alleys to suppress or restrain bawdy or other disorderly houses and groceries to authorize the destruction litiff cfall instruments and devices used for the purposed sei of gamim to prevent any riot noise disturbance or disorderly assemblage and tore strain find vagrants mend cants street beggars and prostitutes in an to the city charters generally passed in 1872 found arl pate compiled laws of utah 1870 this provision ws made section 9 to license tax reau latu und suppress billiard tables pin alleys or tables and call alleys to suppress and retrain bawdy and disorderly houses and punish the keepers thereof these provisions 1 found in the wo potions quoted are all found in the charter of the city which would kive authority for ordinance in question the legislature tere defined ambiguously the scope of the powers meant to be conferred InSect lon 70 are found a number of clauses giving the city power to keep order peace and 0 o make pro visions for the health safety and general welfare of the inhabitants nothing as to morals or morality was here found as is usual in the gener al welfare clauses of other cities The whole question now is had the aty a to pas an ordinance delft ting to the chastity or anler coerce under the provisions quoted mr kaklins cited the acts apalinar adultery lewd and lascivious association bawdy houses etc in the old criminal code of utah repealed in this criminal code wax in tex en the charter wai given to sau lako city in annd cheif the was IS 6 under it a roan might be punched for adultery with imprisonment not ex R twenty than three years and with flue not mor than 1000 nor vw alian these acan were so ex stated tu i emeral presumed avat thy aci did nt to convey city any jair in that it wi iet BI to do it would assuredly nol hae aile d to co powers 1 1 lariC Tace h cilenti cal section 70 of salt lake lol MO theart t wl fitro lana in alie of betl clelo teasel arose lu ogdan i ic dudlye ot the case here under consideration one brown waa indicted for i was convicted and an appeal wbk taken to the supreme court the question involved was the authority of the deminco under which the arrest was made the supreme court ruled unanimously ani that no special power having been given the city in ite charter IQ co case in question such n ordinance could not be passed welfare clamae as too wide a latitude would be and wats no knowing where ft mr Rw ini then wn loyed aj J 0 col bia eloquence in closing claiming in abe interests afi law and morality but was arid the municipal wings hd eaid and the i police should not have howerto power to stop s man id all his ordinary cournea life calling dacate bisgood his good name and explain his conduct before a cioper tribunal before their country they and their client wery at all times ready to make answer but this ordinance under which the defendant was now abeld so much waste and worthless paper judge zane before adjourning y directed bawling to section 39 iu the charter reading as follows t determine ibbe times and places of bathing and swimming in the river or other waters in arid adjoining baid city and to prevent any obscene or indecent exhibition hibi tion exposure or conduct without to express an opinion the judge said ho would like to have counsel look up during receda whether the ordinance could not have been framed under a portion of that section at two there was again a large crowd in attendance in reference to the point raised by judge zine just before adjournment mr rawlins briefly argued that the ex hibi tion exposure fr obscene conduct referred to must be public in its nature something to offend the pub lie sense and in thia case there had beani nothing of any public nature whatever nothing to offend any except those who desired to be offended by peering through a keyhole laughter lla closed by that his clien tobe discharged as being haid without any authority of law mr williamg arose at 3 balock on behalf of the vity he contended that the city council had not gone outside of its corporate powers in making an ordinance to regulate and punish lewd and conduct it would ho strange if the had power to beatr a mand punish the female class and no howerto power to touch the obscene actions of the male element it must be held that the burds of tue general welfare clauso to promote the happiness peace good order elcoe the inhabitants gave the city the power to legislate upon the obscene licentious and lewd actions of men was ithol plain thata restriction of such conduct must promote the good order and peace of the community referring to section bof the charter quoted by the judge the speaker said he must decidedly insist that the words conduct were synonymous with leador lascivious conduct and the corp orated ri could make its ordinance derthia un section of the char ter if nol under thit certainly under the concluding words of section 70 mr williams ald they denied that basany euch i force at the time of the passage ofa alie charter and the ordinance aa would render it impossible for the city to pass alie ordinance in question the great preponderance of authority was on the bida that both city and law might stand together so ion ai the former was not in conflict or iaron alent the i hattei he au 1 in of his nica i ailen lio n again to thu fact hut va empowered to mako 0 on all nut re t f ihen mr Willia iua to authorities ties to hold that a cily derived ihen td pasa ordin inck 1 implied po hs said i wera B be ably thought lo 10 be in detary et ary to tha city ean alien they aitu no grant thus jail or tawn li all bd built without itei t tha city he at great leni th to other i position that tho city could not take cognizance 0 a by 1 cloel by strongly that uio wat valid anc one that ought to be upheld mr william s concluded at 5 special to DISCHARGE i jh ril ral lapera cirei navi estt arisai mants in tho aae of were morning judge amo decided charter gicca no power lopahs an na nc e against pru aty ordinance luider aanden ook wa edwit her foffa to rl fer ly open lewane suly coo kwas d n F deril moral deiora generally genera fly are in ln iAfe biu chati duration forat is alm le pera atil alj eai lil liliie iii ihl and society lp prot ds of hit novt n vahit vt hit tho laws diniso uneuy uni Uy J i tivie vw dal seems to lie beyond alio rt af tf of justice aai of polloi la alf int kiil con walk s t i f sp ot remedy 1 ato the newts left thi necessary i work of dragging these hid eoila tP monsters inlo the light of eulilla knowledge and condemnation whoredom and in private life must not be lo 10 t hrvol it must ba exposed and cauterized zed by ivie hen tho law fall this seema Q be oe amona aurb and upright j i i adl k yi tm tafv AUA politic ia britain LONDON NOT 23 the results of the elections so far show that the liberals have elected candidates the conservatives and the nationalists tiona lists 19 acary a nationalist was elected in county cork and chaplin chancellor of the lancaster under the conservative administration was clec tedi for the beaford division of majority over his liberal appon ent if ion C T menyon conservative has been elected in the idair befth district of wale over sir root cunliffe liberal who sac for the district an fn the last parliament this is the first return from wales the liberals have gained six old and the conservatives Conserva ives 34 liberals have won 33 new seats and he conservatives 68 the conservatives have gained the seat for mont gomery shire watkin W wynn conservative having been elected over stuart randal liberal who for the district in the jast parliament rival crowds of people are assembled in front of the various newspaper offices cheering the results as they are posted the excitement ia very great charles stewart parnell and timothy michael healy nationalists have been elected for two divisions of cork city the vote wa as follows parnell healy Ba 1401 |