The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-02
OTHERS ARE HELD FOR
LACK OF CERTlFICATI0N
CounciImen Express Them.
selves With Respect to the
New Law.

nineteen LIQUOR licenses under the or
der of the Third district court. AS pro-
vided in the new liquor law enacted
by the last legislature. There are,
however. in the neighborhood of thirty
more applications for licenses pending
in the court and in the city council
most of which are for renewals. the
licenses having expired al midnight on
June 80. Ia the meantime, If these
saloons and other places applying for
licenses run, they do so unlicensed.
Twenty-nine applications which had
been ordered granted by the district
court were presented 10 the city coun-
ell at special session last Friday, but
after a lengthy argument as to the re
spective powers Of the council and the
court in the matter. adjournment was
taken until o'clock yesterday after
noon. When the special session WAS
called yesterday, nineteen applications
bearing certified orders from the court
were received. These were ali granted
after q short consideration.
Most of the nineteen applications
granted Yesterday were different from
the twenty-nine which were sent down
the previous day There seems to have
been some misunderstanding concern
ing these licenses, for according to the
county clerks office, il was thought
up with the Others sent down yesterday.
The applications which were referred
to the council Friday, however, did
not bear certified orders from the court,
but clerk of the court explained that
the clerks office had not had time to
prepare the certified orders, but he
had been authorized to represent the
court in the matter and vouch verbally
for the certiflcation.
nertiFicafjon TorEjnu
These applications, however, did not
come before the council Saturday with
the certified orders of the court, and
so they were not granted; that is, with
the exception of few which were also
contained in the bulk referred to the
council Yesterday.
This misunderstanding, however, tenn
porarlly denies many saloons and other
places of licenses, and if they do bust
ness until the licenses are granted, they
must do so unlicensed.
This condition of affairs is but a |
small part of the difficulties through
which the council and the court and
everybody else who is attempting to
have anything to do with the new
council began the consideration of the
applications which had been certified |
down by the district court Saturday
afternoon, President w. Mont Ferry
again raised the question, raised by
Councilman M. r. Mulvey Friday, as
10 whether or not the council was COM
PEELED to vote to cause license to issue |
at the order Of the district court, or
whether the members could use their
own discretion in the matter without
being In contempt of court
From the consensus of opinion ex-
pressed by most of the councilmen, the |
stand was, taken that even if the court |
should order the granting of license
and for any reason any member of the |
council desired to vote against it, he
would do so. Councilmen j. W. Nc |
Kinney, l.. E. Hall and F. S. Fern
strom declared that they would do SO,
irrespective of the consequences as to
whether they would be in contempt of |
court or not.
Views Of Councilman.
Councilman Mckinney took the stand |
that the legislature had endeavored to |
take the power of granting licenses
IL upon the courts, and therefore the |
courts should take the responsibility
entirely, He moved that the licenses
be issued as per direction of the court. |
which was done unanimously.
Councilman Mckinney declared that
when an attempt is made to commingle
the affairs of the judicial department
iativc and executive departments, moth
Ing but chaos can result, as it has in
the case of this law. He decla red that
The council g hesitation to comply with
the acts of the court in the matter
would simply result III more compli-
Gated and intricate condition of affairs
than ever.
Councilman Fernstrom declared that
no judicial body could tell him how to
vote as a legislative officer, and he
Therefore intended to vote on the ques-
tIon as he saw fit.
Councilman Hall declared that he
approved Councilman Fernstrom 3 re-
MARKS, as those were his ideas entirely
Applications Granted.
The applications ordered granted bv
The coort and authorized by the city
council under the direction OF the court
Saturday afternoon follow:
Matt Willman and John Hermanson,
retail license, 6s Commercial street
Peter Butler, brewers license, 3l7-3l9
North Second West street; r. j. Ken
ncdy retail license, 327 South State
street; Charles w Frampton, druggist Is
license, SSl West North Temple Street.
Herman a, Eckuer. retail license. l34
West South Temple street; Rex Drug
company, druggist S license, 10 West
Third South street; Sun Drug company.
druggists license, S3l South West
Temple street; r. q. Studness, drug.
gist Is license. 564 Third avenue: Fifth
East Pharmacy, druggist y license, 40
East Third South street; Adam Snyder
Wholesale license, IL West Third South
street; Salt Lake Brewing company.
manufacturer s license, Fifth South
and Tenth East streets; Dean G. Rich
ards, 442 West Second South street,
retail license; Il. G. NJ. l., druggist g
license, lI2 La South Main street;
Smith-Bailey Drug company, wholesale
license, l71-l79 West Second South
street; Raffele Mando, retail liquor
license, 592 West Second South street
Guy Cappucio, retail license. 254 West
South Temple street; Frank p. Sher-
wood, druggists licensei Bridge Drug
company, druggist s license; W. H
Dayton, druggists license.