Salt Lake Herald-Republican | 1913-07-11 | Page 3 | Holmes Used Wrong Method in Attack on Law, Declares Court

HOLMES USED WRONG METHOD IN ATTACK ON lAW DEClARES COURT Supreme Iii Tribunal Reverses Decision Aga Against City's Restaurant Ordinance By decision o of or the llie supreme court yes reversing the district court the terms of or Salt SnIt Lake City's restaurant restaurant res res- liquor ordnance ordinance as applied to hotel eating rooms room are upheld until their validity is attacked in a a. different differ Hier- different ent channel from that employed in the test case taken the court of or last resort this time Whether the tho ordinance as applied to hotel dining rooms is IJ valid is a question question ques ques- tion not decided by b- tho the hourt hence tho the measure will be applicable until this point Is settled b by tho the court The hol holding of or the supreme court is that the wrong method was pursued In at attempting attempting at- at tempting to test tho the nU validity lly o of or the ordinance the tho i issue suo was not properly before the time court and no decision decision decision de de- on the desired point could be validly given In other words tho the supreme su su- u- u preme court holds that Injunction pro pro- s aro are not the proper channel through which to 10 t test t the theaH aH validity ll of or uny any ordinance or ul law The lime decision was rendered In th the case of or G G. GS S S. Holmes Holme as proprietor of the Louvre cafe against t Suit Lake CH City to compel it to lo i him u a license e to torun torun run his place and to restrain the city from enforcing the terms of or Its restaurant rant ordinance agam against his place on the ground round that the ordinance was wal not ap applicable up- up to hotels hotch The provision 1110 to which the time hotel man objected was one ono forbidding closed dining rooms in cafes Tho city police or ordered cred Holmes Holme to tak take all ItC 3 01 13 off oct I his private dining rooms room and an the tho city 1 refused to issue him a license to run rum I his business because beca he refused cd to obey the order The district court ordered the license Issued and held that the restaurant rC ordinance di did not apply to hotel cafes where the cafe f W was lS owned b by th the hotel company and operated as asa a a. part of tho the hotel hotl Itself From this ruling h bv Iv Judge F. F C C. Loofbourow C the cit city took an nn appeal to the th supreme me court This court without without without with with- out going oln Into the merits of r the cai case o oit it all simply held that tho the lower r court had hud no authority to consider cnn time tho Issues In the cas upon opals an equity proceeding in Its holding In the thc rase ras was void lI rind and nd nothing was h before the court Th universal rule rulo I is laid down that than ordinances nances und and laws cannot bo be h te tested ted on equity quit proceedings 6 ave ate in most rare Instances A petit petition ion for tor rehearing in time the t he fuse case UI of American l ork lott city a against George GeorgeU D. D Charlier CharliE was denied b by the supreme court Charlier Char r appealed from a Conviction conviction conviction con con- for violation of or city it liquor ordinances ordinances ordinances or or- and the conviction con was af af- firmed T 4 0 1