CanÌƒon City record. [volume] (CanÌƒon City, Colo.) 1883-192?, 1906-08-30

| ton in this case were all upheld by
the Supreme Court. Centrals charter
allowed commitment of the accused
only when he had no property to salts
| fly judgment against him in such
cases; the district court on the appeal
below committed Deitz to confinement
until payment of the fine and costs,
without any reference to whether he
had property or not liable to execu-
the district court from which it was
appealed, with directions to enter
Judgment on the verdict, to award ex-
ecution thereon to the sheriff of Gill
pin county, and to further order that
if sheriff could not find sufficient pro-
perty subject to execution to satisfy
the judgment and costs. an execution
against the body of Deitz should issue
and he be committed to the jail in
said county, etc.
The power to prohibit the sale or
giving away of intoxicating liquors
under statute and ordinance similar
to the foregoing was exercised as we
have hereinabove seen in Colorado ter
ritorial times, as decided by Deitz v.
Central decided at the February term
AID. 1871, of the Colorado Supreme
Court. The situation remained the
same as to the way our Supreme
Court decided And, at the first ses-
sion of the State General Assembly.
by an Act approved April 4, 1877,
found at page $50, as eighteenth. in
general section 1855 (14 of the Gen
eral Laws of Colorado. 1877, cities and
incorporated towns shall have power
ITO have the exclusive right to Ii
cense, regulate or prohibit the selling
or giving away of any intoxicating.
malt, vinous. mixed or fermented IL
auor within the limits of the city or
town, or within one mile beyond the
outer boundaries thereof, except where
the boundaries of two cities or towns
adjoin, the license not to extend be-
yond the municipal year in which 1t
shall be granted. and to determine the
amount to be paid for such license;
-. Provided, That in granting IL
censes, such corporation authorities
shall comply with whatever general
law of the state may be in force re-
Iative to the granting of licenses. See
2 Mills An. ST. p. 2279."
That statute still stands, of full
force and effect as when enacted. And.
the State Supreme Court has Uniform
ly upheld 1t ever since 1t became a
law of our State. The case of Huff-
smith v. The People, S Colo, at page
ll7S, decides that when exclusive power
and authority are granted to one 1ur-
lisdiction another cannot exercise the
same Jurisdiction concurrently-th
lefty has the only jurisdiction here at
Ian times when it acts under this
power
The City OF Canon City is organized
under Chapter i24, Mills an. stat.
sections 44OI, and following. pages
2257. and following. Its corporate au-
,thority shall be vested in mayor
and a board OF aldermen, to be de-
nominated the city council. together
with such officers as are in this mem
toned or may be created under It's
authority" And
Sec. 4iS7 next following the last
above citation provides. p. 1927, as to
the mayor:)
He shall keep an Office at some con-
venient place in the city. to be provid-
ed by the city council; he shall sign all
commissions. licenses and permits
granted by the authority of the city
council: and such other acts as by the
law or ordinances may require his GER
tificate.
Sec. 44ss. said Mills statutes. p. 1928
provides:
The mayor OF the city shall be It's
chief executive officer and conservator
of the peace; and 1t shall be his special
duty to cause the ordinances OF the
city to be faithfully and constantly
obeyed; he shall supervise the conduct
of all the officers of the city. examine
the grounds of all reasonable com
plants against any of them, and cause
all the violations of their duty or ne
glect to be promptly corrected or. re-
ported to the proper tribunal for pun
ishment and correction; he shall have
and exercise, within the city limits. the
powers conferred upon the sheriffs of
counties to suppress disorders and
keep the peace; he shall also perform
such other duties compatible with the
nature of his office, as the council may
from time to time reauiye.
Sec. 4505, 2 Mills an stat, page 1885: