The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-06-01
PROHIBITION NOT POSSIBLE.


Tho new liquor law offers fresh puz.
zlcs and contradictions every day. The
latest development is, that wherever
there may bc Il brewery, distillcry, or
any place where Intoxicating liquors
are made Within rlIc state. the right
of such manufacture and uf the sale
law. IN spite of anything that The vol.
crs may say or do This is clear from
section I of he law. found on pages
l53 and ljt Of the published session
laws. as follows:
Section l. Manufacturers None of the
provisipuS dt This act shall II" construed
nS prohibiting or iuieUJcd To- prohibit the
manufacture "I Intoxicating liquors or tho
disposal tnoreof - wholesale at the place
whcr. nau"iacturc1. and any mruurnc-
tur"r Thereof shall have the right lu
mapursCtur" and dispose uf tho samc al
wholesale al tho place whore mauuraS-
lurcd 10y obtaining a llucusc therefor aud
hv complying WIN The other pro-
other laws of this Stat,. rclat-
lng 4" m" manufacture" of intuNicst-
lnr liquors aud The sale thereof Al whole
sale. Notwithstanding m" result nf anv
voting unit created hereunder, provided,
that no license shall be- issued 60 any
ma nanuiIriureU VIII" was NOT legally on
gagged ~ On" manufacture of intoNi,at-
lnG liquor ~ tho time oi holding auy
eicrtinn at which majority of The voters
vote against GALE
There arc some curious results that
follow the examination of this section.
First Of all, any manufactures of intoy-
icating liquors whose business is estab,
Iishcd prior 10 The passage OF that law
IS recognized and protected in the law
The people in the voting unit where
such manufactorN Is established are not
able TO close il by their votes. They
arc not able To prevent such manUfac
turcr selling by wholesale. Elsewhere
in the law (scc pagc lj5) wholesale
dealer is defined As "a person. partner
ship. or corporation which disposes of
liquors in quantities not
less than five gallons. except TO duly
licensed liquor DEALER
IL appears from this that any person
can buy ut the brewery or distillcry
ivc gallons of beer or other liquor al
pleasure. and there is no authority in
the State competent to stop that manu-
facturc and sale. Ii appears, however.
that although this business or estab
lishment is fully protected by law, even
against the vote of the people. and is
us legitimate business not
10 be assailed from any quarter, no one
&c H., . Ia, -
hat same business. That is to say, the
liquor manufacturers of the
State are granted monopoly OF the
business; their right 10 make and TO sell
vote the people may declare; the right
% make and TO sell cannot be infringcd
Ipon by any power of the State or of
he people. Whether the courts would
find a proposition of this kind consti-
,utional or not may well be questioned.
The tendency and rule of the law is
against the establishment of monopolies
If this kind and against the protection
If favored individuals to the exclusion
II other citizens. in any business rec
,gnized, sustained, and protected by the
aw.
1T follows from the above and from
he law that wherever there is manu-
'actory OF intoxicating liquors (and in
liquors We include becr),
hat the people cannot interfere with
he manufacture and sale Of such IL
,uors. For, the law expressly says that
uch manufacture and sale must be al
owed 10 continue. notwithstanding
he result of any election provided in
his act in any voting unit created here
Inder.'
From this it appears that there will
,e no possibility to vote for prohibition
IN June 9th in this city. To vote
gaiusl sale will simply mean that those
Who have not established manufactor-
cs for the making Of Intoxicating Ii.
luors will not be allowed to sell, but
hose who have such manufactures can
10Th make and sell, no matter what the
,coplc may vote at the coming election,
Every time this law is looked into,
ome new puzzle arises, some new
kiDl'i on which TO force litigation TO
est its constitutionality, aud every
inc that this new litigation opens up,
he people have more and more reason
o be indignant that matters were not
lllowed to remain as before. in set
led and adiudicatcd condition, in place
# being thrown open to iDterminable
and veyatious litigation,
RUSSIA BACKS DOWN.