Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-12-23
ILLICIT DEALERS
MAY Be RELEASED.
Technical Error in City Liquor Or
dinuncc Causes CONSERVATION
In Police Court.

ogden, Dec. 2S.--Whether the
original certified typewrittcn copy OF
the revised ordinances of Ogden city
OF April 1910, as passed by the city
council at it's three regular readings,
constitutes the existing law of the
city or whether the printed form of
the ordinances from which many words
and phrases were unintcntially
omitted by the printer and which is
subject to the insertion Of an crrata,
common in all statute books. is to be
taken as the full letter OF the law, ii
the question now before Acting Judge
II. S. Farnsworth OF the municipal!
court. This vital legal point was
brought up on Thursday in the case
Of Ogden city against Joseph and
Henry Baumcister, proprietors of the
Ranch saloon on Twenty-fourth
street, in which the saloon men arc
ing liquor to James Cromwell. aged
is years, on Dec. 10. Notwithstanding
that this same point was definitely
settled In the city's favor by the
same court with Judge j. d. Murphy
on the bench in July of this year.
when man by the name of johnson
was closed up for selling liquor to
y
act on the matter until he had been
cited to sufficient authorities to war;
rant his action. Attorney T.. 7.
uulaniski appearing for the defen-
dents, maintained that secret law
could not be filed In the city's archives
and another law made public. On this
basis, Attorney Hulanski moved to
ouash the complaint. City Attorney
DeVinc held that the court was under
the necessity OF putting some con-
structlon on the ordinance and mas
much as in the printed form the
words, "intoxicating liquors" had been
omitted, the ordinance was without
meaning unless the legislative intent
was taken into consideration. The
original typewriter copy of the re-
yiscd ordinances was admitted In evil
dencc, showing that the words
omitted by the printer were included.
The Baumeistcrs and other saloon
men are making Il vigorous fight on
the numerous charges now against
them and In case of conviction, they
realize that 1t will be the duty of the
city council to revoke their license
Young Greenwich testified in court on
Monday that no had been asked his
age at the Manchester saloon and in
spite of the fact that lie gave 1t as
10 years. liquor was sold to him.
The case OF the city against John
anu ISltudIu ~ INcillt PiopiiVIci' "
the Owl saloon was also continued.
the same contention of counsel being
offered. The complaint alleges that
Greenwell purchased liquor at the
O'Ncill place on Dec. II. Another conf
plant alleges that on Dec. 3, tho
Greenwich hoy purchased liquor at the
Potter saloon of which c. S. Potter
is proprietor and this case was also
continued.
In the case of Roy Brantlcy, charged
with giving liquor to Walter Gale, a
minor, on Dec. II, the defcndent was
not present and IL bench warrant was
issued for his arrest.
r. Nabeshima. one of the proprictors
Of the White ship, a Japanese saloon,
entered a plea of not guilty to the
charge of selling liquor to Greenwich
on Dec. 3 and the case was set FOR
Tuesday. Dec. 81.
A. Harada. n Japanese proprietor OF
n noodle house on Twenty-fourth
street, was unable to understand Eng
lisli and therefore unable to enter
plea in the case charging him With
selling liquor without n license. The
man was placed under $50 bonds and
the case continued until this morn
M