The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-02-04
THE CITY AND THE COURT.


n sort of legislative cocktail-cnactec
by the late legislature of unhapp!
memory, was given to the public, The
Tribune pointed out the evident con
hIct between the Offices which were
imposed by it upon the district courts
IN the way Of supervising the muuici-
pal liquor licenses, and the independ
ence Of the municipal government uu.
der such supervision The district
courts arc given power which would
at first sight, seem to be compulsory
over the action of the city authorities
in granting licenses TO sell liquor
But, as matter of fact, if the munici.
pal authorities are to- have any real
supervision or power over the grant.
ing of licenses. and the restraint of
the liquor traffic, the action OF the
district court would be merely min.
isterial, a sort of legal or advisory
counsel TO the city authorities in
regard TO the license question. As
II is the applications for license
and their surcties arc 10 be
certified to the district courts. These
courts thcreupon transmit their iudg.
meut on the matter to the city au-
thorities. The question tbercupon
arises, does the action of the district
court impose any obligation Of obc-
dieuce on tho part of the city au-
thorities TO Issue the license favorably
| mas S1I H. 4
1t does, then tho district court is su.
preme on this phase Of municipal af~
fairs. If it does not, then the action
of the district court is merely a sort
of legal bureau to certify to the city
authorities the regularity of the spplica-
tlons, the suf1icicncy of the bonds, and
the approval of the sureties as sub
mitted. Thereupon the city authori.
ties will proceed to issue the license
or not, as they see fit
We see that this question has bccn
precisely raised by the protest fled
by Mayor Park on behalf of the com
missioners, with respect to a club the
application of which 10 sell liquor
has been favorably passed upon by
the district court. The municipal com
uilssioners do not wish 10 grant this
license, and Mayor Park, in their be.
half, has filed a protest agaiust a
liquor license being granted to the
cub, presenting reasons therefor We
trust that the commissioners will re.
fuse to Sraut the license, so that the
question at issue may be determined.
II the favorable action Of the district
court upon the papers presented in the
application for license is TO Govern
the city commissioners, then :. very
important function of those commits.
siouers has been annulled If the
court concludes, however, that it is
merely acting in an advisory CAPACITY
to the commissioners, then the full
power and authority of the commits.
sioncrs remain as before. But, if the
court should insist that it's action IN
faoorably passing upon the application
and the papers Herewith is binding upou
the commissioners, and the license must
issue accordingly, then the question
preme Court of the State.
For ourselves, we do not believe that
the Supreme Court of Utah would
maintain any jurisdiction in the dis
tnct courts to undertake a municipal
function such as would he involved
in their passing favorably and an.
tbortativcly upon an application for
license, in case the city commissioners
would not wish TO grant that license.
The question Is now in Grst-clsss shape
for a. test. We trust that the CITY
commissioners will stand pat in their
refusal, and let the district court take
sncb action as il sees fit II the court
comedies the right Of the commission
ers 10 refuse tho license, even after
tho court has favorably passed upon
the samc, well and good; the right of
the commissioners is then fully af-
frmed and intact, But if the court
should undertake TO encroach upon the
rigbtful authority of the commission
crs, by claiming that its favorable ac
ton on tine application and papers
connected Herewith is binding, aud
that the license must issue in spitc
of municipal objection, then the com
missioncrs arc crippled and so scrious
" hampered in their efforts toward
good government Of this city, that an
undesirable and III fact an intolorablc
situation is presented. No more fa
vorable opportunity could be had for
a test of this point than is here pre-.
Sented, and we trust that the commits
sioners will unflinchingly avail them
selves of this opportunity for making
n complete test of this point in the
law.
The "nine feet sheet which Is re.