The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-01
COUNCIL DEFERS
LICENSE MA I TER
Delays Action in Following
Liquor Orders of District
Court.
QUESTION OF CONTEMPT
VARI0USLY DISCUSSED
New Law Presents Many Diff
culties: Will Meet Again
Today.

After an hour s discussion Friday
afternoon as to whether or not it would
be in contempt of court if 1t refused TO
grant LIQUOR licenses which had been
ordered granted by the district court
under the new liquor law, the city coun-
Gil. which met in special session TO take
up the question of causing the licenses
to Issue adjourned until . o clock this
afternoon, when the city attorney will
render an opinion on the matter.
Twenty-nine applications for retail,
club, manufacturers and wholesale n
ouor licenses were ordered granted IN
the Third district court by Judges NJ.
L. Ritchie and F. c. LoofbouroW FIJI
day Almost as many more applica
tions are pending for action in the dis
trict court aud in the city council foi
the approval of bonds preliminary to
being referred 10 the court. Owing to
this condition of affairs practically
fifty saloons. drug stores, wholesale
houses and breweries must open for
business this morning without licenses
so TO do so if they open at all.
The matter. however, will undoubt-
edly be disposed of today and it is not
thought that a fraction of day Will
make any particular difference under
the circumstances. which are causing
both the court and the city council no
end of trouble The licenses asked for
are renewals. The old license expired
yesterday, the new quarter opening to-
day
WIN the twenty-nine applications or
dered granted by the district court
were referred to the city council, whose
duty il is under the law TO cause to
issne all licenses so ordered by the
court. Numerous complications lmmedi-
ately arose in the city council. Not
only did questions arise as 10 the
proper procedure under the new law
and IT'S rightful interpretation, but It's
constitutionaity also was questioned.
Powers of Court.
After pointing out that under the
law the council must grant the licenses
which have been ordered granted by
the court, Councilman N. f.. Mulvey
asked if 4 judicial body had the right
under the constitution TO control, or
der and direct actions of an elective,
legislative body, which was elected by
the, people to represent the people Mr..
Mulvcy declared that it was his opin-
ION that the court could not direct or
order the council to issue a license
against the judgment of that body.
Then arose the question as to whether
of conrt if it refused TO grant license
ordered issued by the district court,
."Is the council under the iurisdic
tion of the court to vote as tho court
says or is it under its own jurisdc-
tion to vote as representing the peo
pie Of this community asked Mr..
Mulvey. Mr.. Mulvey furthermore in
quired as to whether the city recorder,
whom the law requires the council
70 he 1S
der the jurisdiction Of the court in the
matter OF under the jurisdiction of the
city council itself
Councilman j. ". Mckinney read the
law relative to the matter, and again
brought out the arguments made by
Mr.. Mulvey. The city attorney was
then asked for an opinion on the ques-
ton. Councilman L. E. Hall declared
that as representative of the people
he would vote Just as he thought right
upon the question of granting the H.
censes after the court had made its or
der. Councilman Fernstrom was of the
same mind, declaring that il was his
opinion that the court had no power
to tell the councilmen that they must
vote to grant licenses at the courts
order.
Vote Is Postponed
Councilman l.. j. Wood made mo.
tIOn 1Ndt tle COUNCIL instruct Lne CITY
recorder TO issue the licenses ordered
granted bv the court, which was sec
Onded by Mr. Mckinney. This did not
come TO a vote. however, adjournment
being taken until this afternoon
The names of the applicants given
licenses bv the court were read and il
was found that part of them had
failed to paw the license into the city as
required by ordinance, but had never,
fnd Nv
court This gave rise to another lively
discussion in which members Of the
council declared that they would not
vote for the issuance Of anv license to
an applicant who had failed to com.
plv with the law.
The applicants to which the district
court yesterday ordered that licenses
issue to follow:
Fifth East pharmacy, P G. Domino,
Owl Drug company, c. s. Swain. Henry
Wagener Brewing company, Schramri-
johnson Drug company Give storcs)
Elks' club. Nichalos Ruga, Willis Horne
Drug company, Raffele Mando, Dean
G. Richmond. Zion s Cooperative Mer-
camille Institution, Smith Bailey Drug
company, Salt Lake City Brewing COM
pany. Adam Snyder, E. G. Studness,
Frank Blatnich. James Richards. AZ
bert Fisher, Druehl & Franken. Halli.
day Drug company, Nick Fikcette,
William J. Wilfnger. Commercial club
and the George T. Brice Drug company.
Upon an examination of the appli-
cations it was found that the licenses
had not been paid into the city as re.
quired by statute by the following ap-
plicants:
Fifth East pharmacy, c. S. Swain,
Henry Wagner Brewing company, Elks >
club, Zion g Cooperative Mercantile
Institution, Salt Lake Brewing COM
pany. Adam Snyder, Halliday Drug
The argument on these had become
interesting. when it was moved to adj
journ and the council will meet again
this afternoon at clock, when the
matter will again be taken up
Applications Pending.
A number of applications are still
pending In the district court, which
have not yet been ordered granted, but