Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-31
THE BUSINESS or RETAILING
LIQUORS

THE BusISEss or RETAILING
LIQUORS
may be regulated In various ways. n,
regulate is 10 control, restrict ant
direct. To regulate the liquor trait,
according to the purpose for which the
power was granted would be TO p,
govern u that II will be- attended with
good order aud 80 far rs may BE- con.
sistcnt with the happiness aud welfare
OF the people IN the community On
which II Is conducted.
In Chicago Pkg, etc. w. City VI
Chicago, IS III. 22i, the court said.
1--WE arc clcarlyof the opinion That the
power 10 acquire license IL one OF the
means VI regulating the exercise VI
| pursuit Of this business. There IL, no
doubt, a great variety ~ other means
that might be adopted 10 accomplish
the purpose. hut thcs. niunicipalities
are not restricted ~ 10 the means they
| employ 10 regulate the business. lin
the various Illustrations of the mean.
ing Of the word regulate, VIZ find
among othcni To direct, to rule, 10
govern, % conduct. A. the language
IL used In reference ~ the power VI n
city or village government, we sup.
pose II was intended ~ mean that such
bodies might rule or govern this char
actor Of buslnoss.n
The general fule is. that public cor.
pofations aud officials are required 10
do what they are authorized 10 do, when
such performance would be beneficial
g. an Individual or 20 the public.
Upon the subject Of
IMPERATIVE AND DISCRETIONARY
TOWERS,
Judge Dillon says. at II often ma.
tcrlal 10 determine whether n duty I'm.
posed by law or charter upon mum.
cipai corporations OF public officers IL
imperative or discretionary. This /.
always n question Of Legislative. In.
tcntion and therefore Of construction.
The general test 10 ascertain this IN.
tention propoundcd In the cases are Of
doubtful value. Each case,
we repeat, must bc largely decided on
It's own circumstances aud tho lcgis.
lative Intent gathered from tho whole
act No positive, innexible or sicre.
otypcd rule eau 10 laid down. (Fir-t
Dlllon's Municipal Corporations, Sec.
II is apparent from tho act usdcx
consideration that Tn. Intention OF 10
legislature In confcrrlng on tho Council
the power 10 regulate the sale OF liquor
was TO enable that body 10 protect
society from tho evils attending II.
This benefit Of the dealer was
not the chief end. Therefore the
duty Of tho Council with respect
TO him must depend largely on the
good Of the neighbofhood. II follows
that II !. the duty as well NJ the right
OF the Council, 70 use all reasonable
means 10 give such protection m the
public welfare demands. We are of
the opinion that tho Council Ia the
regulation Of tho business has u wide
discretion, but II II not arbitrary dis
crction. Under the power TO regulate,
the business may not lie prohibited.
The authority Ia delegated 10 the coun.
cilmen w. reasonable men aud with the
expectation that they will employ rcl.
sonabl- means.
To entrust the privilege Of selling OF
intoxicating liquors TO persons whose
antecedcnts, haDits and characters are
such M 10 Inspire confidence In them
aud warrant the belief that they would
not violst. the law by selling 10 min
ofs, habitual drunkards or Intoxicated
persona aud would b. likely to conduct
their business Ia other respects with
$50. ora.lon M ass.. ..-.-.
and the peace and happiness Of society
would appear to DO within that dis
cretion included In the right u rcyu.
late. The exercise VI n reasonable dis.
erection ns To the localities In which the
business shall be carried on would APP
pear 10 bc within tho power 10 regu-
late. a saloon along side of u school.
housc OF u church would bc very und--
sifnblc. And TO establish one along side
Of mans home would be regarded a.
very Questionable. To authorize the
retailing OF liquors In the midst of the
hsmes Of the people would he palIiably
wrong. Ncighborhoodr Infected with
liquor saloons are not suitable com.
for boys and girls 10 grow 40
In. Aud NJ u limitation OF the mum.
her OF places for retailing intoxicating
liquors Ia city would he n reasonable
regulation. Because tho council may
he authorized 10 license llquor sellers.
u dscs not follow that they must
license all who may apply. The powers
delegated 10 the legislative depart.
Inentsof municipal governments arc
usually exercised by ordinance. The
council grants the license by a vote; Ia
lhat wny the power Ia expressed.
When the application Is made Il would
Appear Ia be-
a SUITABLE TINE 10 INQUIRE
md dccid. IA 10 whether the applicant
ID - suitable man 10 bc entrusted with |
Inc business. And as 10 tue deter
nination of tho place aud Ms TO whether
moro Licenses should bc granted, |
general tests might bo established by |
,rdiDancn by which 10 determine the |
illness Of IoIs0ns u be entrusted with
.he bushes. or selling liquor aud
,rdinnnees DO adopted designating
ocallties In which the business NAV
% conductodand limiting the number. |
Hut We arc not prepared 1, say that the
business may not b. regulated In such
aspects, without ordinance. The
,hartor confcr- the power 10 regulate
he tr,iilo upon tho city without OK.
'resaly rcquirlng II to be exercised by
ordinance, Hut Il II said that the
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