The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-13

has arisen in Provo. also a city OF the
second class: Provo also is dry and II;
as some attorneys contend, the present
law repealed all existing city ordinances
relative to the sale OF liquor, Provo, as
we'll Logan. VIII involuntarily become
wet" There are a number OF cities OF
the third class concerning which the law
Is not so complex which are now dry
by virtue of city ordinance TO that ef-
feet which would become wet " the
law repeals the ordinance to the contrary
1t is possible that the solution to this
situation Is found In one Of the Hayes
bills which was passed by the last legis-
ers OF city councils to make them con-
form to the new law. Under the old law
city councils were given the power to IL
cense, regulate or prohibit the sale OF in
yso is added to this subdivision Of the
powers of city councils The new law
gives city councils the power to license,
regulate or prohibit the sale of intoxi-
cants and provides that in case a majori-
ty OF the electors Of any city vote
against the sale OF liquor the council
that in case majority OF the electors
Of any city vote for the sale OF liquor
the council shall grant licenses and enact
regulation ordinances, except in cities OF
the first and second class, wherein the
power to grant the licenses Is vested
with the district court,
Still Another Question.
There is considerable question as TO
the. construction OF this amendment and
II is probable that the. courts will be
asked to interpret II It has been sug-
gested that 1t may be possible for the
old powers OF the city council as con-
tanned In the first clause OF the amended
section 10 be continued until the result
OF the liquor election becomes effective
on october l next. The proviso clause,
affect the first part of the subdivision
until after It's provisions exist
II this Interpretation is taken as cor
rect II must follow that that portion OF
court Jurisdiction over the granting of
LIQUOR licenses Is not effective until after
October L. Framers of the law declare
measure. but this intent is but poorly
expressed I'm the bill, II at all, and ii is
conceded that there is room for differ
e%nce % Of opinion In the matter, Senator
with framing the bill. and H. j. Din
inny, city attorney of Salt Lake have
declared that the portion OF the bill
to to grant licenses and taking that au-
thorty away from city councils in the
cities OF the first and second class is now
IN IN erect. while other attorneys, includ
ing some public officials, mold that the
OH does not convey that authority until
after October and that all liquor ordi-
nances previously enacted are now in
effect. This question should prove an
interesting one OF the number arising out
courts.
With all OF the discussion with refer |
ence to the Interpretation OF the LIQUOR |
oill the Interpretation given TO II by a !
prominent Salt Lake attorney is inter
estins He says:
After many pages OF provisions for
and against the sale OF liquor the law
winds up with the saving clause, which |
IN effect is that nothing In the act shall |
be construed to affect In any way any, |
thing which may be done either con- |
veniently or profitably"