Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-04-16
Judge Zane Sustains the Law in the
Liquor Cases.
A Decision That Will Suppress the
State Road Resorts.
The Principle of Local Self-GOEernment
Recognized.

COullbl COulbS W llA tllC ICIdll
license in any sum not exceeding 81 ,20(
per annum. Under the authority thus
granted, the County Court of Salt Lake
county few months ago, raised the
license to the maximum limit, 81 200.
The decision, which was very volumi-
nous, was one of the most exhaustive and
important ever delivered from the bench
in this Territory, and will be read with
interest, not only by the members of the
bar, but by ar interested in the regula-
ton of the liquor traffic. We print be-
low complete report, only eliminating
the quotations from authorities and pre-
vious rulings:
In the case of eX parte Haines, the
Court gave an oral decision, in which he
reviewed the statutes of the United
States with reference to this subject, and
the position of the REALTORS counsel in
reference thereto, holding in substance,
that the provision in regard to internal
revenue was not violated by the pro-
visions of the Territorial statute providing
for license to be imposed upon dealers
in liquor.
THE STATUTE OF THE UNITED STATES
Referred to was passed for the purpose of
revenue, and the United States Supreme
Court has held that license froma State
was nothing more than a regulation of
the liquor traffic. The statute of the
United States provides simply that a per-
son who pays the license imposed by that
statute shall be subject to no penalties
under the national law. The question is
whether the Territorial statute should be
considered national law. think not.
1t is further insisted that this enact
ment is in conflict with the Constitution
of the United States. This question was
before the Supreme Court of the United
States in the case reported in Is Wallace.
Before referring to that, however, l will
read the
PROVISION OF THE CONSTITUTION,
Which it is claimed this conflicts with !:
"All persons born or naturalized in the
United States, and subject to the iuris-
dlctlon thereof, are citizens of the United
States and of the State wherein they re-
side. No State shall make or enforce
any law which shall abridge the privileges
or immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty or property, without
due process of law, nor deny to any per-
son within its jurisdiction the equal pro-
lection of the laws"
The Supreme Court of the United
States seems to have passed upon that
question in that case The attention of
the Supreme Court seems to have been
called to the question of whether before
the 18th amendment the law was uncon-
csf.t Y,As Il i 4
ment and holds that it was not in con-
fiict with it. The state of public feeling
which called for the enactment of this
amendment was that in some States of
the Union the slave population which
had been recently liberated, it was feared
would not receive the
EQUAL PROTECTION OF THE LAW
Without such an amendment as this, and
that was the object and purpose of this
The Court held that license law was
not in violation of that part of the four
teenth amendment, "nor to DENY to any
person within its jurisdiction the equal
protection of the laws ;" and the Court
thought that such a law referred not to
special persons but to special business,
which was deemed injurious to the pub
lie.
The first section of the Utah statute
prohibits the manufacture or sale of
liquors without a license, and section
three provides under what circumstances
liquors may be sold. 1t requires a peti-
ton to the county court, if it is outside a
city, or to the city council if inside city, |
bond to be filed and the license fee to !
be paid.
The Court then referred to OBESITY on |
Taxation," stating that the authorities
here were conflicting and that he was
disposed to follow one line of the deci-
'ions there cited. After reading the text
md the references to decisions. and also
eading from "Dillon on Municipal Cor
1orations," page 357, the Court went on
o say, that the object of a license was to
protect society from the injurious effects
II the business, and hence, it is not only
regulated but restrained it is restrained
o particular places in some cases, it is
estraIned to comparatively few persons
~ imposing high license, and to re-
ponslble persons; and the reason for
harging large fee in such cases is diff
erent from what it would be if a man
wanted to engage in the express business
r In keeping ferry, or as an insurance
gent, or any other business that is use
IL or beneficial to society. | am of the
pinion that the fee charged here must be
egarded as for the purpose of ,
REGULATING AND RESTRAINING
he sale of intoxicating liquors, and the
,venue is an incidental effect of it. The
lain purpose of it is the regulation and
he restraining of the sale of intoxicat-
lg liquors. That being so, l am of the !
pinion that the rule of uniformity of !
if it were applicable, would not
Oply to this case as it is applied to tax
ion. But, l understand that the main I
election to this statute is that it is unfair.
as 1t authorizes the County
curt to fix the license in any sum not
IS than one hundred, nor exceeding
Velve hundred dollars in the county, \
Inside the city; and gives the C
lty Council the right to fix e
IN the city, and inasmuch i,
the County Court has fixed the license a
$1,000 outside of the city, and under O
us statute it cannot be applied in the a
ty, that, therefore, the tax is not uni n
RIM, If it be considered tax. But l am a
sposed to hold that principle of uniform Il
to that extent would not apply
would seem unjust to say that person
40 engages in the selling of Intoxicating a,
uors, or who manufactures them in "
e city. should pay the licence of 81 200 a,
the county and another 81 200 to the Of
y. That would be unjust. This law is n
sed upon the principle of self govern o.
ent, suppose, and recognizes &
EPRINCIPLE OF LOCAL SELF GOVERNMENT. p
The will of the State to determine.
thin the limits prescribed by the
ltute, the amount of the licence, gives
the County Court the right tn fly n in N