The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-02-26
SENATE TAKESU Up
APPEAL CLAUSES
Refers Sections Of Liquor Bill
on Appeal Provisions to
Judiciary Committee.
KEEP JUDICIARY OUT OF
SALOON POLITICS, IS CRY
Several Senators Advocate
Leaving Licensing With the
Municipal Authorities.

the senate Saturday was largely CON
fined to the appeal provisions of the
bill. Several of tho senators were pro-
nounced in their opposition to the ap-
peal provisions declaring that the
granting Of licenses should be left to
the licensing boards of cities, towns
and counties and should not be given
to the courts.
Several members of the senate who
hive been supporting the measure
showed signs of weakening on this
point, although they voted against an
amendment striking out all reference
to appeals. Finally, the sections of tho
bill covering this subject were re-
ferred, without reading, to the commit
| tee on judiciary. There are ten sec
tions In this group. One other section
was passed upon by the senate and
some of the drastic provisions elimi-
mated.
When the senate convened at 10
O'Clock Saturday morning Senator
Badger moved that the sections from
70 to q should be referred to the com
mttee on judiciary. AS An amendment
to the motion Senator Wilson moved
that all these sections, all of which re-
late TO the process of appeal from the
decision of the licensing boards, be
stricken from the bill.
Wilson Opposes Appeals
Wilson said that he was opposed to
an appeal of any nature. The Repub-
licnn platform, he said. had not con
templated an appeal and the citizens
had no thought that their right of To-
cal self government would be abrogated
by the Legislature. He said that the
city councils and town boards were bet
ter able to pass upon the qualifications
of an applicant for liquor license than
were the courts.
Senator Badger spoke at length in
favor Of the appeal feature.
Senator Benner X, Smith said that as
member Of the committee which
drafted the measure he doubted the
He said that in his opinion the bill
gave the councils and other licensing
boards no discretion In The matter of
granting licenses. If such were the
case the aggrieved party was entitled
TO a review. If the bill did not take
away the discretion now given to coun-
ellis and other licensing boards the
courts would not. overrule the actions
Of the licensing boards Except for
manifest abuse Of their discretion, -
said he.
| Fears Saloon Politics.
Senator Smith said that while it was
perhaps true that the saloon was more
or less in politics now, he doubted the
advisability of driving or hauling the
judiciary of the state into saloon poll
tics and that was what he feared would
be done He said that the question was
an important one that should be decided
bv the senate Senator Smith gave the
impression that he was strongly opposed
| - huf
would vote against the amendment in
order TO keep the bill practically in.
tact rs il came from the committee that
il might be passed upon as whole
when the final vote was taken.
Senator Kuchler occupied similar
position with that Of Senator Smith:
iIc said that he had opposed the appeal
lprovisions in committee because lie was
a believer in local self government.
However, he had admitted the right of
the majority of the committee TO IN
sist on the appeal provision and stood
wirb the committee in recommending
the bill as q whole for passage tor
that reason he opposed the elimination
of the sections.
Senator Lunt spoke in favor Of the
amendment Senator Booth said he IA
yored tho elimination of the appeal pro-
vision, but that he was willing TO vote
AGAINST the amendment in order that
the judiciary committee might be gwen
the opportunity TO pass on these sec
tions. Senator Iverson said:
Glasses Local Option Failure.
uI started out to stand by the ac.
tion OF the joint committee and l
thought there would be no divergence
of the body on the measure. However,
after considering the measure; and es-
pecinlly these sections, | simply desire
to give notice that / reserve the right,
after the bill has been entirely consId-
cred section by section, TO move to
strike out these sections now under
consideration L will vote against the
amendment to do so at this time be-
cause I want the opportunity to con
slider these sections with reference TO
their bearing on other sections of the
bill.
regret that we cannot agree on meas.
ure that will satisfy the members of
the legislature, This bill Is long
and cumbersome one, and | think that
we should proceed slowly with 1T.