Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-04-28
AN OPEN SHAME.


today among people in Salt Lake City
on the failure to enforce the city ordin-
once against the sale Of intoxicating
drinks on Sunday. II Is reported that
the saloons transacted lively busi-
ness all day, that this was known to
the police, and that no special EFFORT
vas made to carry out the provisions of
the law against the traffic. The excuse
that Is offered for this laxity is the de-
csion rendered by Judge Dlehl in re-
cent case, in which the officer who gave
evidence against a saloonkeeper, or
bartender, could not swear that he had
tested by taste that the drink sold over
the counter was beer. The court de-
clded that II might have been yellow
ink" or some other non-lntoxicant
This occasioned a great deal Of indig-
nant criticism and was derlded both by
the general public and many legal prae-
titioners. But II had the desired effect
Officers who were ready and willing
to arrest violstors OF the law, now hesi-
tate 10 attempt to make a case, fear
ing that no matter how much evidence
may be brought against the offenders,
unless the witness absolutely drinks Of
the fluid that is sold. under the ruling
Of the city court the result will be
failure TO convict. The vendors take
care that no policeman gets chance
20 make the test.
There are two ways by which this
open defiance of law and public sentl-
ment can be met, II the executive Of
floers are sincere in their expressed
wishes to perform their sworn duty.
One is to try a case before the other
city Judge, elected to perform all the
duties of the Office aud having concur
rent Jurisdiction with the judge that
rendered the ''yellow ink" decision.
Both these judges were elected under
the new law which gives them exclu-
sive Jurisdiction In cases arising under |
the ordinances of the city. BY private |
arrangement, the civil business was
reegated to one of those judges and
the criminal business to the other. The
law, however, makes no such division.
OF course we do not know what Judge |
Tanner would decide on case submit
ted to him, but II the police department
Of this city have any real desire and in
tent 10 perform the duty required in
this particular. this opportunity that we
have suggested is open.
The other method is TO prosecute Of
tenders under the State statutes. The
sheriff and his deputies have a perfect
right TO act under the law, which for
bids Sunday liquor selling in any part
OF this county or elsewhere In the State
The county commissioners have the
right to direct the sheriff TO proceed
under the law, and take the case be-
fore a justice OF the peace who viii be
guided by common sense and the or
binary rules Of evidence. We under
stand the reluctance with which such
a step would be contemplated by the
and by the sheriff. But
when It is made plain and clear that the
city officers will not enforce the city
ordinances. It will be perfectly proper
FOR the county officials to take the mat
Ter in hand, and see that the statutory
aw is enforced within the city limits
as wen as outside IN this country.
II Is well known that an open boast
was made by the saloon element Just
before the election. that II certain re-
'ults were obtained II would be but
'ery little while before the town would
De wide open" and there would be no
obstruction nom the executive depart
nent of this city. That boast was said
o have been based upon solid prom
SEES and they appear to have been full N
HE'D. The result IS a disgrace TO this 4
municipality II shows the lack OF a 4
disposition to carry out agreements SOL /
mnly entered into before the election. !
nd also to perform the duties which $
hey have taken a sacred oath to per- :
orm.
The majority Of the voters at the )
municipal election have been fooled. q
nd the pledges made to them have [
zen violated. A few who had their /
yes open predicted what would be the I
esuii They are not disappointed. But 4
hey feel that they have been out a
aged, IN common with the great mass
our citizens. The excuses that have b
cen offered. time ard again, ~ the y
'ecuuve department are puoriis. ard b
D not deceive people who understand | a
be situation and witness the hamillst- c
X spectacle OF well known provisions I.
the law opszly, nagranuy and de- q
antly violated, w.thln the purvlew and i
nowledge OF officers sworn to enforce G.
iem. n
The conditions on Sunday proclaim p
pen shame against the executive de- Il
artment OF Salt Lake city, and we G
I've that branch OF municipal govern Ii
tent fair notice, that 1t will not be II
admitted to in silence by the body OF #
he people. As We have said in times a
asst, so say we now again. enforce the II
Nv or let II be repealed.