The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-05-28
MEANS SETTLEMENT
OF MOOTED QUESTION
Action 10 Be Taken Will De-
termine Rights of the City
to Control Liquor
Traffic.

court directing the issuance
Of liquor license to tho In
ter Mountain Liquor company AT IS
East First South street, the city con-
mission laid itself liable to be cited
before Judge C. W. Morse today for
contempt.
Not with the intention Of showing
disrespect 10 the court. but for the
purpose Of bringing TO an issue the
mooted question of whether or not the
commission has any authority in the
matter Of granting or refusing to is
sue saloon licenses. the commissioners
voted four to one not to obey the or
der Of the court to issne a license.
The commissioners and the legal ad-
visers of the administration admit
that this action places them in the at
titude Of defying the order of the
court and hence in contempt.
The court has the authority to take
judicial cognizance Of this fact, and,
upon its own volition, issue citations
calling the commissioners into court 20
show cause why thew should not he
punished for contempt. But, whether
or not this action will he taken BY
Judge Morse remains TO be seen today.
Attorneys for the liquor people can
also institute contempt proceedings II
they desire, or they may content them
selves with bringing mandamus pro
ccedings in an effort TO compel the
commission TO obey the court order.
To Decide on Action.
Which action will be taken. f. \.
Rogers, who appeared as counsel for
the liquor company last night, was not
able to say He stated that he and his
associate in the case, w. NJ McCres,
might institute contempt proceedings
today OF they might decide to start a
mandamus case.
Believing that the latter procedure
would bring the point at Issue, the
question of authority Of the commits
sion to refuse the license, 10 a settle
ment quicker. he thought this might be
the wiser course to follow. He could
not say, however, which action would
he taken until he consults his associate
today.
The commission took the action it
did last night fully cogni2apt OF the
fact that it placed itself in danger OF
contempt proceedings. and feeling GER
tain that the course would bring man'
damus proceedings from the attorneys
for the liquor people. The members OF
the commission, however, are prepared
for procedure upon either course as
they desire to have the question OF
their right to act In the Issuance or
liouor licenses, their right to limit tns
number Of saloons in the city and inc
constitutionality Of this phase OF tho
new LIQUOR law tested and settled deff-
nitely.
Tho action of the commission last
nigb. grow out of the recent determi-
nation of the the city tnat there are
enough saloons here now aud toat
noIicv of having no new ones cstao-
ljshed should be followed.
Holding of the Court
Protests against the granting OF
more licenses were made IN the courts
ON the strength of resolution passed
bv the commission. The court held
that the resolution could not apply In
thc cases at har, because il was passed
after the applications had been fiied
in court.
Judge Morse gave the city time 10
protest against the issuance of the In
Ter. Mountain compapy's license, upon
other grounds. These objections were
overruled and an order entered tnst
tho license issue.
When the court order came 10 the
last night, motion was
made by Commissioners George d. Key
ser thai tho license be not granted
The vote was four TO QUO, Commission
er w. II. Korns voting against rcfns
ing to obey the court order.
Il was explained later by the tour
members voting to- disohey the court
order that they did 80 simply because
this was a time to bring the IaW 10
an ;ssue and determine exactly wocre
H. N