The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-09-20
DECISION IN
LIQUOR CASE

SALT LAKE, Sept 19.-In a decis-
Ion announced by the supreme court
OF Utah. It Is held that the city coun-
ell OF each city, the board OF trustees
ty commissioners of each county In
the state of Utah have the power TO
refuse TO grant any or all applica-
tioDs TO sell liquor made 10 them.
The supreme court further holds that
the authority OF these various civil
bodies Is absolute and that no court
can interfere with them. In other
words, mandamus proceedings Viii
not lie 10 compel either of these CIV
II bodies TO grant liquor licenses.
This opinion was handed down In
the case of Dennis A. Smytb against
the commissioners OF Morgan county
T. u. Buttors, w. F. Criddle and Geo.
+ Carter. appellants. for a writ OF
mandamus 10 compel them TO grant
him retail liquor license. Smyth
made application on March l, 1909,
for a renewal OF his liquor license at
Devils Slide. The renewal was not
granted, the commissioners giving as
a reason that they wanted to stop the
sale of liquor In the county so far
as they had jurisdiction.
Smyth made an appeal TO the dis
trict court and the commissioners
were ordered TO show cause why they
should not grant the license. In court
the commissioners declared that Mr..
Smyth had sold liquor on Sundays,
and that It was not wise TO permit
the sale of liquor in the country dis
tricts OF the county outside the towns,
The district judge ordered that the
commissioners again consider the ap-
plicatlon. The appeal by the commits
sloners TO the supreme court follow
ed and the decision finally settles the
matter.
The opinion is written by Chief JUS
tice D. n Strnup and is concurred in
by Justices ]. E. Frick and w. NJ,
McCarty.
The supreme court holds that the
courts may interfere only when COM
missioners arbitrarily ard capricious'
ly deny applications for liquor H.
censes and then not to direct them
how to decide the matter. but only
to compel them to consider the ap-
plicatlon fully and fairly.
Quotes Zane Decision.
Justice Straup quotes from a decis-
ion by Judge Zane In which the latter
tion for a liquor license the city
council. the board OF trustees or the
board of county commissioners have
Il wide range OF discretion In that
they are first to consider the general
welfare of the community and place
that above the convenience or good
OF the individual who applies for
license.
The opinion holds that the power
OF the county commissioners Is dis
cretionary. in the following Ian
Suage:
W'The legislature undoubtedly vest
ed the county commissioners with the
power OF passing upon applications
for permission 10 sell intoxicating IT,
ouors. In passing upon such ques-
whether the applicant is 81 years or
more of age, whether his applica-
tion is In due form and whether his
proposed bond is good and sufficient.
but also whether the person applying
for the license is proper person 10
be entrusted with the conduct of such
business. whether the place proposed
to engage in the business is suitable.
whether the demands OF the public
require such accommodations at such
place, and they may also take into
consideration many other questions
involving the safety. peace. good or
der, moral and puDiic good OF the
neighborhood or community in which
II is proposed to engage in the busi-
ness.
That there are certain hangers and
evils attending the business OF selling
Intoxicating liquors Is generally con
ceded and recognized. And. as we
have seen by our statute wide dis
cretionaTy power Is conferred upon
the board OF county commissioners