The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-21
OLD LIQUOR LAWS
IN EFFECT, HE SAYS
Provo City Attorney Gives His
Views as TO Recent
Legislation.
Special to The Tribune.

Special to The Tribune.
PROVO, May 20.-Thc following com
TO the city council of Prov
city Will explain itself:
Hon. ). NJ. Jensen. Chairman Com
mlttee OF judiciary, Provo City Coun-
Gil: Dear Sir-Some time ago you
submitted to me the question OF
whether or not the ordinances OF
Provo City relating TO the prohibit
tion OF the manufacture and sale of
intoxicating liquors were affected by
the new liquor law recently passed
by the legislature, and If so, in what
particulars.
l have withheld my answer until
now because Of the fact that some
time ago Attorney General a. r.
Barnes indicated his intention OF
calling an informal convention of sew
cral of the prosecuting attorneys OF
the state and cities for the purpose
OF going through the said liquor law
WIN view 10 determining or ar
riying at uniform construction
OF IL.
This convention was held yester-
day AT the offices of the attorney
general and there were present. be-
sides the attorney general z. l.
Wiley. county attorney Of Salt Lake
county; Mr.. Jensen. county attorney
OF Weber county; John a, Sneddon.
county attorney of Cache county;
Jacob Evans. county attorney OF Utah
county; II. J. Dinniny. city attorney
Of salt Lake City: Senators Benner
\: Smith and c. Il, Marks. Deputy
Attorney Genesa: George Buckle.
Judge Il. V. Higgins and myself.
Explains Search Clause.
Two sessions were held one at 10
a. III. and the other at p m. and
all the important features of the law
were thoroughly discussed. So far
as the result OF such discussion af-
I irh
other dry cities. especially those Of
Utah county, ] will briefly state that
the following are the important fea-
tures namely:
/. The present city ordinances
prohibiting the manufacture and
sale OF liquors are still valid
and in force and are not affected
by the new liquor law. and the or
dinanCeS viii remain valid al least
until the election for wet or dry
TO be held on the nth Of June next.
and probably until the first of Oc-
tober next, though il will not mat
the election. because the cities can
change or amend their ordinances
TO conform Ia the result of the cec-
ton. whichever way the people may
declare.
? The search and seizure provis-
ions OF the new law authorize the
city attorney or city marshal to Ale
information and have a search issued
without the passage OF any ScdrCn
warrant ordinance by the city council
and the warrant may be issued by
the judge of the district court or
any Justice OF the peace in the coun-
ty. including the city justice OF the
peace; that is 10 say, the city JUS
tice has jurisdiction 10 issue the war
rant.
Urges Ordinance.
Q, That while the new liquor law
Is sufficient authority without any
city ordinance 10 authorize the city
justice to issue search warrants, it
was deemed advisah bile for the cities
10 pass an ordinance in the language
Of section A. Of the said liquor law.
declaring all places where liquors arc
kept for sale in violation OF The law,
and all fixtures. etc, used in con-
: nection herewith TO he nuisances
and prescribing a proper penalty for
such violation.
The object of this being 10 form
proper basis for n search and seiz-
ure proceeding. Therefore | think
il proper for the city cocncil to pass
An ordinance in accordance with these
suggestions without waiting for the
result OF the said election, and ac-
cordiuGly / have dra WIN and submit
herewith such an ordinance for your
consideration This ordinance would
not have 20 he changed when the
city goes wet or dry,
Very respectfully,
City Attorney.
(signed) n. Fl THOMAS,