Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-31
THE LIQUOR TRAFFIC CAN BIZ
REs1I,AlNED.

THE supreme Court Of the Territory
has made a very important decision 10
the liquor license case. IL extends
much further than tho mere question
Of allowing intoxicants 10 be- sold In
building where variety theatre Ia IN
full blast. II embraces the general |
powers Of the city government over
the llquor traffic. We believe the great
mas Of the people Of this city en-
dorsed the action u the majority OF the
City Council in refusing thc license TO
the variety show people. The pretence
that II was wanted for n separate firm
who were 20 sell liquor In the base
ment Of the building and no, In the
theatre itself, was too transparent TO
deceive the public. The evil Of such
places would be aggravated tenfoid by
association with the liquor traffic.
hut sentiment IL Que thing and law
Il another, aud very often different
thing. We scarcely think that all the
members OF the Council who voted fof
the license were In favor Of the busi'
ness itself. But they believed that the
city had no power TO refuse the license
naked for aud grant licenses for the
ramc purpose 10 o;her persons aud
places. And II was this question that
was mt issue and which 80 evenly
divided the members and made II
necessary for the Mayor TO give the
casting vote. II will stand to his
credit that hc was on the slide Of law
and order and public morality.
This Court rules, with but one dis.
senticnt out Of four Justices, that the
City Council Possesses tho power to
license, regulate, rnd tax the liquor
business, aud that In the use Of such
authority II may exercise reasonable
discretion In determining who are
suitable persons 10 cntrust the business
10, thu places where II may he con-
Quoted and the number Of licenses II
may issue" This II power enough 10
restrict y business that throughout the
civilized world Is recognized rs one
that should be held within certain
llmits. Tho Council need no longer be-
under any doubt or apprehension NJ TO
exceeding its authority In determin.
Ing who may or may not receive n
license 10 soil intox lcants or where or
where not II may he sold.
Ofcounc this power must not BE- ex.
ercisai In I'll arhIimry way OF With
my tpsclcl Of fsvoritlsm. A general
principle must govern and tho au.
thotity must bc used nationally nnd
forthc public benefit. q
, There Hfe many people In Utah who
favor cutirc prohibition o. the liquor
traiiic. Their arguments may DO sound
In theory, but they arc not applicable
70 such cities ~ this In practice. In
the nnt place, the city charter confer
no powers Of prohibition upon III,
Council. That settles tho question
thus far. Thc liquor business cnnno
be legally suppressed In this city he
cause the municipal authorities
have no powers except thos,
conferred by tho charter. hut II thi
power were included la their function
tho city fathers would have har,
time In attempting 10 enforce a pro
hibitory ordinance. II could not b,
done IN mixed population like tina
which now resides here.
II Is useless, then, TO discuss tn
theory Of prohibition rs applied 10 Sal
Lake CITY. The only thing 10 DO Is 4
favor u full enforcement OF the ordl
nances regulating tho traffic. Thl
should DO expected Of the city authori
ties. They can not only keep saloon
closed ON Sundays and SEQ that the,
arc conducted when open In an ordeil,
manner, bat they can refuse license
~ improper persons aud impropo
places, and limit tho locality and tn
number Of places where the traffic mn,
be carried on.
An this Ia ably set forth In tho opln
lon Of the Court aud fortified by mum
erous authorities. City Attorney Mcr
rift did good work In taking 40 stron
u stand In favor Of tho right, and II /
gratifying TO zee that he YVES as SCUM
ON tho law "a he was ON the moral sid
u this important question.
Chief Justice zano has always stoo
firm for the lawful powers OF the cit
government In relation 10 the llquo
question, and his decisions, both 4
the Dlstrlo. Court and Supreme Courl
have been strong barrier against Ia
food Of imtempennce and dlsords
that threatened to sweep away all civil
restraint. We care glad that 40 many {
the Judges arc In ACCORD with him.
For tho sake of tho good name Of IN
,ity, aud In Wow of tho great pr,
pondcmnce OF public sentiment, II
hoped that tho City Council will us
not only the power hut the discrrtio
which it's now judiolally decided ths
BODY possesses, and that the result wi
ea wise restraint ON traffic that hs
oean much abused and IA growing inl
great ana crying evil
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