The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-06-13
AS TO BASEMENT SALOONS

In view of the contention that base
mcnt saloons ought not TO be allowed
in this city, il is to be noted that the
argument against them rests on an in
depreciation of the State law. That
law requires that during the time when
places where Intoxicating liquors are
sold are required by law to be closed,
all binds. screens and curtains shall
be withdrawn from the doors and win
dows OF such places and the interior
doors, screens. blinds, and curtains
shall be so open that IAN unobstructed
view of the interior of such places may
be had from the sidewalk
This, it is argued, prohibits the run
nlng of saloons in easements, since the
interior OF n basement saloon could not
be so viewed. Ii would also undoubt-
edly. on precisely the same grounds.
prohibit the running Of saloons in the
second or any other floor of q building;
all saloons must be on the ground floor.
For the law requires positively that
"an unobstrucied view of the interior
sidewalk - 1t is clear, of course, that a
basement saloon could not offer this
unobstructed view from the sidewalk,
no matter how fully all the doors and
screens might be removed. II is also
clear that it would prevent any saloon
being conducted on any floor of
building except the ground floor, for
precisely the same reason. because the
unobstructed view Of an upper story
saloon, called for by the law from the
sidewalk, would not be possible. If all
the doors and screens were removed,
there would be an uuobstructed view
from the entrance to the saloon, and
this would apply either to basement
saloon or to saloon on other stories
of building than the ground floor.
But If this unobstructed view is TO be
had 'f from the sidewalk, - then saloons
on all other floors than the ground
floor are absolutely prohibited.
We are not speaking in favor of
basement saloons. second story saloons.
or any other sort Of saloons, but wish
only to call attention to the facts and
to the wording of the law as governing
upper stories of buildings as well as
the easements We call attention to
the further fact that there is a question
Of jurisdiction as between the district
courts and the city now in litigation
It is also true that there arc many
points in the liquor law that will give
rise to contests in the courts. We sug.
1est. therefore, that until the primary
jurisdiction over the licensing Of sa-
looms, as between the municipal govern
ment and the courts. is settled, the
question as to- basement saloons might
be allowed to lapse. We say this for
the reason that if the courts are given
complete and sole jurisdiction over the
licensing of liquors In this city, no
action by the municipal commission will
be necessary; the State law will be
and all procedure will neces-
sariiy be under il, This would natu
rally be the case as a rule, since it re-
quires the consent of the county attor-
ney to the filing Of any suit for in
fraction of the law.
1t would be well, therefore, as we
look at it, for all concerned to wait the
Of the iurisdictional suit
before any action need be taken by the
commission with respect to
the liquor business in any of its phases.
If the courts are given complete con
from all action in the premises. If the
is given control, it will still
be necessary to ascertain to what extent
that control goes. And so, in our iudg-
ment, nothing will be lost if the com.
mission refraips from all action in the
premises until the main question of its
is decided.