The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-26
PROBLEM
STILL UNSOLVED
Matter, in All Probability.
Will Be Taken Into
the Courts.
KNIGHTS OF ROYAL ARCH
LOOKING INTO QUESTION
Mandamus Proceedings Against
City Recorder May Be
Instituted.

No solution to the problem OF how the
saloon keepers OF district 81 are to COM
ply with the provision OF the state law
requiring that character certificate
signed by five resident freeholders of the
voting district accompany the applica-
tion for liquor license, when there are
only four resident freeholders in the en-
tire district, has been discovered
Several prominent citizens interviewed
City Recorder p. S. Rives yesterday and
tons and file them with the district
court. even though they do not comply
with the technical requirements OF the
new law. Mr.. Riyes, however. has de-
tion that the law undoubtedly means
what II says. and that until different
judicial Interpretation of the statute is
made he is powerless to act.
Sixty eight applications for liquor IL
censes viii be returned TO the applicants
this forenoon by the city recorder for
correction unless mandamus proceedings
file the applications with the district
court. Mr.. Rives has suggested that
mandamus proceedings be brought. as he
believes that judicial Interpretation
could thus be secured and save similar
difficulties In the future. r
Up to the Courts.
In the mandamus proceedings 1t will
be necessary for the courts to decide
whether or not the applications conform
TO the state law II the courts hold that
they do conform to the state law 1t will
mean that the portion with reference TO
resident freeholders will be held not to
apply. In case the courts construe the
section literally 1t is probable that the
saloon keepers will attack the entire law
as inconsistent and unconstitutional.
since this provision makes one district
visions OF the law allow the sale of
liquor.
The. knights. of the Royal Arch. an
organization of dealers In liquors and
cigars, Is Investigating the apparent In
consistency in the liquor Law, This or
ganization has authorized a special COM
mittee consisting of P E Mckinney
e. King to act for the organization In
the inquiry, Members OF the committee
said yesterday that they expected that
the provisions OF the law would be strict
ly enforced. but declined to commit
themselves as to the course which would
be taken by the members of their or
ganization.
Cannot Sign by Proxy
Originally there were sixty-six appli-
cations for liquor licenses being held up
law in that the character certificates
were not signed by five resident free
holders Of the voting, district In which
the licenses were we're to be ,, effectys Two
terday, when II was discovered that John
Berry. O signer Of both applications for
Reiger & Llndley. was not freeholder.
Mr. Berry is the janitor Of the Whitley
apartments and signed the applications
as proxy for ]. NJ. Whitley, owner OF
the apartments. However. the city
found no authority for allowing
the signature of proxy. so the appllca
tions were held up.
or the sixty -eight applications held up,
forty-six are In district 81, where the
applicants cannot possibly find five resi-
dent freeholders to sign the character
certificate. Mr. Rives believes that the
other twenty-five Will have no difficulty
with the requirements Of the
law. The sixty-eight applications will
Ing by the city recorder with letter
calling attention to The fact that the
applications do not comply with the
law