The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-12
LAWYERS SEE
CONFLICTS IN
LIQUOR BILL
Attorneys Representing Sa-
loon Interests Propose to
Test Validity of Act
in Courts.
NUMEROUS SECTIONS
ARE CONTRADICTORY
Question of Termination of
Licenses, Powers of Revo-
cation, Qualifications,
All in Dispute.
NUMEROUS SECTIONS
ARE CONTRADICTORY


cent legislature. Some of the best attor-
neys OF the state have been retained by
the liquor interests TO disscct carefully
the new law and to discover its weak
points. Instead OF making an active cam
paign to carry The local option election
TO be held OIL juno 81 next persons en-
gagged in the liquor traffic arc planning
to fight the law In the courts In the hope
that II may be declared invalid
All of the lawyers, Including thosc
who believe that the law will stand the
tests OF ,the courts, declare that In many
places the law Is not clear and that ju-
dicial construction OF many sections may
be necessary before the law can be in
teqigcntly enforced.
Two sections in apparent conflict are
sections 66 and 80 OF the bill. Section
on October l, 1911; section 50 repealS all
of the present laws with reference to
the Issuance Of licenses and the rcgula-
ton of The sale OF intoxicating liquors.
Many contend that the repeating Of the
laws permitting the issuance OF licenses
as AT present would necessarily terminate
all licenses now in force. since they
would exist without warrant of law No
provision. however, Is made for the re-
fund OF any money paid for licenses
which will not have expired on the date
the law becomes effective
Intent and Text.
| The original intent of the legislature,
or more particularly of the special com
mittee which framed the bill for tnc
| large majority of the members OF the
legislature were unfamiliar with the text
and meaning OF the BILL was that condi
tions should remain AT present until
October ! but that in the meantime
local option election should be held 10
! determine the condition OF tic liquor
cities of the hrst and second class pro-
| vision was made for the granting Of
| liquor licenses by judges OF the district
court and ii was intended that this pro-
vision should not become effective until
! October !, and for that purpose all IL
censes were TO terminate on October I.
However. II would be difficult TO dis
cover the intept. Ii any: Of the legisla-
tors by reading the bill Attorneys In
| Utah county go so far as 10 contend that
IN cities of the first and second class the
power OF city councils to grant liquor Ii
censes viii end on May 20 sixty DAYS
after the approval of the bin. and that
the right OF district courts to issue IL
censes will not begin unri October ].
| leaving a hiatus of several months dur
ing which nobody would have the right
/ to prevent anyone from selling liquor
] without q license.
Power in Question.
The consensus of legal opinion. how
ever. is that on May 20 the power of city
councils i'm cities of the first and second
| class to issue licenses shall cease and
| that of the district courts begin. This
| UOeS not "OTk out Vulle TlSnl, because
there is nothing to prevent the city
council from issuing as qlany licenses as
| II pleases just prior To the new law be-
coming effective for a period extending
! to October T. There is nothing In the
new law terminating these licenses prior
TO October i, although the qualifications
! of applicants and the manner OF the is
suance of the licenses have changed ma
! terIally.
If ii is held that the repeating clause
| terminates these licenses on May 90.
persons who have secured licenses In
compliance with the old law but who
are forced out OF business prior TO the
expiration OF the term for which the
! license runs by the new liquor law
| If the licensees are permitted to continue
in business until the expiration of their
licenses. there will be one class OF
licensees having certain qualifications
and subject TO certain restrictions. and
another class OF license holders who do
not possess the same general quallfica-
| tiops and who are not subject to the
same restrictions. condition menifestly
unjust
| In the list of qualifications imposed
upon applicants for licenses is ono which
United States. Most Of the lawyers who
! have looked into the question declare
that such a privilege is invalid In that IT
is In conflict with provisions OF treaties
between the United States and foreign
countries. which guarantee 10 citizens of
other countries the same general rights
TO carry on lawful business that are &C.
corded American citizens.
Laws in Conflict
The legislature passed at least two laws
which are in direct conflict. One is the
liquor law and the other is the child
labor Law. The liquor law provides that
no person under II shall he employed In
any brewery, The child labor law pro-
vides that no person under l6 shall he
employed in any brewery. Brewery own
ers arc In n quandary as to which law
TO obey.
Strict compliance with the new liquor
law by the county clerks will develop
an extraordinary amount OF speed In
those officials. The law provides that
tho county clerks shall furnish TO the
registration agents at least fifteen DAYS
prior 10 the first registration day, list
OFF the qualified voters who have cast
their ballots at the last general election.
The first registration day Is OH July 6.
Fifteen days prior 10 thar date. eNclu-
sive OF Sundays and holidays, would DO
May II. three days before the bill be-
comes effective. The county clerk. of
course. has no right to take official
cognzancc of law until II becomes ef-
fcctivc. and yet he is presumed TO comply
with the provisions OF the bill three days
before they are u part OF the laws.
Sundays and holidays arc excluded in
the computation OF this time. because