The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-09-18

Mnlcn ne ~ uniAWIlIlN lTecluutu UN i
such inferior tribunal. board. etc"
To entitle the respondent TO the writ. |
g. therefore is Incumbent upon him |
20 show that the granting Of a license
20 him TO sell intoxicating liquors at |
retail at Devils slide. the particular
place named In his petition. was. un-
der the facts alleged. specifically en-
Joined by law upon the defendants as
duty resulting from their office as
county commissioners. or that their re-
fusal unlawfuiiy- precluded him from
the enjoyment Of a right to which he
was entitled.
Provision for Boards.
section 1912. G. l. 1907. relating TO
intoxicating liquors, is as follows;
NO person shall manufacture, sell.
barter. deal out. or otherwise dispose
OF any spirituous. vinous, malt. OF
other intoxicating liquors. without first
obtaining from the board OF county
commissioners OF the county. or city
council 81 the city. or board OF trus-
tees Of the town in which he intends
TO DO business. n license therefor. as
hereinafter provided"
BY section 1913 Il is provided that:
The boards Of county commissioners
IN their respective counties. and the
city councils in their respective cities,
| and the boards OF trustees in their re-
spcctive towns. are hereby authorized
/ 20 grant licenses. as contemplated IN
/ section 1912. 10 any person over the age
I OF twenty-one years. upon an applica-
| tiou being made for such license. by ne
| tition signed by the applicant and filed
I town clerk. as the case may he said
/ petition must state definitely the par
I ticulsr place at which any OF the liz
| ours named in section 1919 are intend
I cd TO be manufactured. sold, bartered.
dealt out. or otherwise disposed OF. and
/ whether the applicant intends 20 carry
Hon a retail or wholesale business.
II is further provided by that section
that before a license Is granted. the APP
I plicant shall execute n bond with two
/ or more sureties In a sum not less than
.nn M ~ han IN ID q
. fixed and approved by the board OF
county commissioners. etc. and condi-
TONED as in that section provided. that
during the continuance OF his license ne
I VIII not allow gambling with cards.
dice. or other device or impleme--,s.
that he will keep an orderly and welt
all damages, fines and forfeitures
which may be adiudged against him un-
der the provisions OF the title relating
TO intoxicating liquors.
To Determine Amount.
BY section 124f the county commits
sioners. etc. are given the power to
determine the amount Of the license.
which shall not be less than $4,000 for
a period Of one year. and the time for
which 10 Is granted which shall not be
for "a longer period than one year. nor
less than three months. And by section
[ i2f5 ~ is further provided that any
application for such license may be re-
fused for good cause. in the discretion
| OF the board or trustees or the town.
the city council OF the city. or the
board OF county commissioners Of the
II is in effect contended by respond
ent that when an application for a li-
, ccnse in conformity with the statute Is
made and the applicant shows himself
, ] to possess the qualifications requisite
for the issuing OF a license under the
statute. 81 then becomes the Imperative
duty Of the commissioners TO grant the
license. and that they cannot lawfully,
tn the exercise Of any other discretion
Z refuse 10. And he Is required TO take
such position. else the complaint does
upon the commissioners TO grant the IL
cense.
Not bound 20 Issue.
We DO not think that under the stat
81 ute the commissioners are bound ca
. issue a license TO everyone applying
. for a.. though the application be made
In conformity with the statute and the
applicant found to possess all the qusl.
. license. And such is the effect or the
I holding in the case Of Perry VS. Cts
I. Council. Utah t43. In that case th'
granting OF license upon an appli
p cation made in conformity with the re-
quirements OF the statute and the or
% dinances Of the city. was referred bl
h the council without assigning any rea
I son therefor. Upon an application fol
b a writ OF mandamus 10 compel tn
- council 10 Issue a license to the applt
cant the writ was denied on the GROUND
% that the granting or refusing OF a 10
q censc was within the discretion Of tn
- council. The then powers conferred
s upon the council. and the ordinances o
h the city relating 10 the issuing or suci
4 licenses. were. as appears in the state
= ment OF the case. similar TO those con
3 ferred upon the county commissioner
r and the present statutes. heretofore re
- ferrcd TO. with the exception that tn
Z latter in express terms confer upon tn
q commissioners a discretion 60 refus'
r. the granting OF a license. In that case
D H.. as.Hf ga d
r. prevailing opinion. and I'm holding tina
. the council rad conferred fiYou IL %.
4 wide discretion" In the matter. said
n 1t Is apparent from the act unde'
- considera ton that the intention OF the
. legislature in comforting on the cit,
n council the power to regulate the salt
= OF liquor was TO enable that body q
T. protect society from the evils ATTENDING
= the chief end. therefore the duty Of tn
y council with respect 90 him must De
! pend largely on the good OF the neigh
. borhood."
" Muller ". Commissioners.
He further approvingly referred q
s the case OF Muller VS.. Commissioner
Il SO ". G.. 172. and state VS.. Holt COUNTY
l. court. 80 Mo. SCI. where f. was hell
o that even though the application for
r. LIQUOR license was made in cOnfOrmit
a with the requirements Of the statute
N and the party applying possessed al
j. the required qualifications FOR the Is
% suance % a license under the statute
% still the commi ssiouerE. and the count
y court. upon whom was conferred tn
n power 20 grant liquor licenses, Coulc
= IN the exercise OF their discretion. re
fuse TO grant It, In those cases III
p statute conferred no wider discretiv
y upon those authorized 20 grant license
y I than IL conferred by our statute upo
I, the board Of county commissioner
. n. upon an application FOR licens
y. made IN conformity with the statute
and the applicant shown to posses
p all the qualifications requisite FOR IN
T.. Issuing Of a license. the county com
10 missioners have no discretion TO refus
h the granting % the license. then. upo
'e application. might the commissioner
IN be obliged 20 grant n license to sell In
ir toxfcating liquors az every settlement
b or neiEhborh God. or crossroads. I'm th
D. county: and not only one or a half
p dozen az each place, but as many NOR
10 as there were persons showing them