Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-04-22
SAN FRANCISCO OFFICE
In charge OF \. j. Cooper 90 Geary st.
TOWN BOARDS AND ouRFEw

We are in receipt Of the following
letter Of inquiry from a town IN one
of our southern counties;
Editor Deseret News;
oOur town board Is contemplating
the passage of a curiew ordinance
sonie claim they have neither lhe power
nor the authority to establish such a
law Kindly inform me through the
News as TO what powers town boards
haye in this matter and you VIII not
only oblige me. but many other read
ers Of your valuable paper ..
"oLD SUBSCRIBER
we are Of the opinion that the board
Of trustees in an incorporated town Is
not directly authorized, OF empowered
TO pass an ordinance establishing the
ourfew, nor do we find anything in the
charters of the city councils directly
dealing with the curfew question. But
the city councils doubtless act under
the general powers conferred upon them
By law to pass ordinances, rules ana
regulations to promote the prosperity
and improve the morals, peace good
order comfort and convenience OF the
city and the inhabitants thereof. The
board Of trustees In towns Incorporated
under the law are authorized
ITO make, ordaln. establish and en-
force such ordinances and regulations,
not repugnant to the laws Of this state,
for the purpose OF carrying into effect
the provisions Of this title, as II may
deem proper. and to repeal, alter, or
amend the same at pleasure; but no
such ordinance or regulation shall take
elfet. or be enforced, until ten days
after the same shall have been pub
lished IN some newspaper having a gen
eial circulation IN such town, or have
been posted IN not less than three pub
III places therein. Revised Statutes
OF Utah Title 10, Chap. " Sec 49,
one OF the chief purposes OF ineor-
porating a town ana eectIng board
OF trustees to regulate It's affairs, is to
preserve the health, peace and good or
der Of the community and to protect
the persons and property Of the inhab-
itants. Police powers are given to the
town boards and they have authority
To appoint policemen and watchmen
and prescribe their duties and powers.
Under these police powers the town
boards may perhaps legally establish
the curfew by ordinance and enforce
It's execution II would depend upon
the construction given by n court as
to the limit Of the authority conferred
upon the board by statute, whether
such an ordinance would stand in case
Of test being made to determine the
question.
The purpose Of establishing the cur
few Is so clearly In the public interest
that We should think the people Of any
town in Utah where 1t Is or may be
adopted, would support it by their con-
sent and by their assistance when
Necessary Young children should not
be permitted to congregate on the
'h''Nn lNNN az hiShAi anu tntN pdltUNa
and guardians ought to aid rather
than 0bstruct regulation established
for the public welfare. They would.
then. offer no opposition to the passage
Of curfew ordinance. and in case of
its enforcement would not attempt to
test IT'S strict conformity with the let
ter Of the statute as to the power and
authority Of town board, or Of city
council
II parents and guardians were sun-
GENTLY alert and mindful Of the well
fare Of the children under their care.
and Of the peace and good order Of the
community Of which they form a part.
there would probably be no need for
the passage Of curfew ordinance IN
any Of our towns or cities. Young peo-
pie would be required to be within doors
after ? o'clock at night, unless In com
pahy with some adult persons ON special
occasions, and the little children would
be In bed ordinarily. at the time Of
night when they are forbidden BY the
eurfew law TO be roaming the streets
Parental authority kindly but firmly
exercised is one Of the necessities OF
The times in Utah as elsewhere