The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-26
THE Law AS TO sIGNERs.

A good deal OF a pinch has come on
in the operation Of the confidence.
game liquor law which has been imposed
upon the people Of this State for politi-
cal buncombe. The announced purpose
of the law was to provide means where
by the localities could control the liquor
traffic themselves, and say whether
they wanted liquor sold in the differ.
cnt portions of this State in any given
county, town, or city. each for itself,
But the people had that power prior
to the passage Of this confidence game
law, which, while pretending TO give the
people the right to forbid the sale OF
liquor, protects the manufacturers Of
all kinds of liquors in the sale of it at
the place of manufacture. whether the
people want the sales or not.
The particular pinch that is hurting
just now is in the Fifty fourth election
district of this city, which is bounded
on the north by South Temple street,
on the east by State street, on the
South by Third South street. and on
the west by Main street. Within this
district there are forty-six places where
liquor has been sold, and where dealers
wish to continue to sell But, the law
requires that each application for a
| liquor license shall have the indorse.
ment Of five "resident freeholders "
There are but four resident freeholders
in that district, however. ID on a mar.
row construction, the law presents i'll
this case another bunko proposition. It
provides that, on the submission to the
people of the question whether liquor
shall be sold by retail within the elec
tion unit, licenses shall be granted as
provided by law and ordinance. But
here is 4 detail in the law which nulli-
fies, so far as that district is con-
the law assures. That is, there is gen
eral grant and particular withdrawal
of that grant. 1t is a condition that
the courts will have to give judicial
construction to, and probably they will
hold, as the law clearly permits their
holding, that PRESIDENT freeholder ~
does not necessarily mean that the
freeholder must be a resident of the
same district in which his freehold is.
On this point the law requires, among
other things, that "In addition to the
foregoing, the application shall contain
a certificate of at least five freehold
ers of the voting district in which the
license is TO be effective, to the effect
that each of the persons afosesad per-
sonally know the applicant, that he is
q man of good moral character, and that
in their opinion he is fit and proper
person to be granted a license" I'm
der this wording three conditions might
arise. First, the resident freeholder
may reside and also have his freehold
in the district; in the this case there
could be no question. Second, the resi-
dent frceholdcr might have his free
hold in some other part of the city,
which is all a voting unit for local op-
tlon purposes. Third, the freehold
might be in the district, and the free
holder live out Of the voting district,
but within the voting unit comprising
the city. 1t seems to US that fair
construction of the law would allow
of the signatures on any Of these three
accounts But, if the third should be
ruled out by reason of the word "resi-
dent - in the connection il is found
surely the other two cases should be
held good, and not the first alone be
adhered to
1t is said that the person who drew
this portion of the law had it in the
first place that each voting district
should decide for itself, and bo a vot.
ing unit. In that case, clearly. the
first condition would have governed
and no other. But, the law was broad
ened In effect, and the whole city was
made a voting unit, 1t would appear,
therefore, that the more liberal con.
struction was already at work when the
Legislature passed the law, This is
made even more evident by the fact
that the bond required by the sppli-
cant TO sell liquor may be signed by
any freeholder Of the county. 1t seems
to us. therefore, that the President
freeholder' requirement would be fully
met by condition in either of the three
classes stated. But, if the final one
should be ruled out on account of the
word resident" there ought to be
no doubt but that the first two cases
would fully meet the terms and re.
quirements of the law. AS to this,
however, 1t seems as though n court
ruling could be very easily and quickly
had. Let cases on the second and third
propositions be passed up to the court
and ruling had on them. which can be
done any day. Until that ruling, no
one is authorized TO give any adverse
construction upon the law The pre-.
bminaries are merely ministerial, not
judicial, and the recorder is not in any
way expected to be judicial officer.
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