The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-10-04
HEARING ON DEMAND
FOR LICENSE BEGINS
Action of @. S. Holmes
Against City on Before
Judge Loofbourow.
GOES OVER FOR A WEEK
Clashes Between the Attor-
neys Mark the First Days
Proceedings.
GOES OVER FOR A WEEK

Judge f. C.. Loofbourow in the Third
district court yesterday afternoon
| listened to the arguments of the con-
! tending attorneys in the case Of G. 8,
Holmes against the city commissioners
in the matter of the test of the city Is
restaurant ordinance,
After more than three hours of argu-
ment the court continued the case until
Saturday morning, when evidence will
be heard on the application of MI.
Holmes for liquor license.
Recently Chief p, F. Grant wrote a
letter to the city commission informing
that body, among other things, that
Mr.. Holmes refused TO obey the restau-
rant ordinance, requiring tho removal
of all doors from private dining rooms,
and charging him with the sale Of
liquor after hours,
On September % Mr.. Holmes filed
suit seeking and securing a temporary
restraining order and an order COM
pelling the commission to issue tenn
porary liquor license until test could
be made Of the restaurant ordinance,
which he alleged was invalid as per.
tanning to the Semloh hotel and the
Louvre cafe.
Attorney c. C. Dey, who represented
Mr.. Holmes, conJended that the restau-
rant ordinance did not apply to the
Semloh hotel and Louvre cafe on three
points.
MIR. Dey's Argument.
Mr.. Dey argued that the restaurant
was part Of the hotel itself, and that
the latter was operated as unit, and
that when license was paid for the
hotel, it presumably covered the several
operations Of the hotel He further
contended that as no collection had
been made OF the license fee provided
In the ordinance for restaurants so far
as the Louvre was concerned, it was
an admission on the part Of the city
that his point was we'll taken.
Secondly, Attorney Dey said that
the section of the ordinance which pro
hibited the drinking in a restaurant
after certain hours Of Intoxicating
liquors, was impossible Of enforcement
by the city under the present regula-
tions. He said that the clause which
prohibited the sale of intoxicants or
the service Of same to guests after
midnight or on Sundays was good leg
islation, But to endeavor to stop
guests from drinking after midnight
been served with before that hour, was
foolhardy.
Dining Room Feature.
The private dining room feature of
the ordinance, he argued, was unreason-
able and therefore void. He said the
measure had no provision preventing
the conducting Of private dining rooms
not connected with a restaurant, and
hence there could not reasonably be
such provision if the private dining
rooms were connected, even Indirectly.
In addition, be said that the private
dining rooms complained of were only
maintained for banquet purposes and
TO caro- for large parties who wished
to dine in private.
the refusal OF Mr.. Holmes to comply
with the ordinance was in good faith,
and was made solely for the bringing 3
TO issue test Of the enactment.
City, Attorney Harper J. DininnJ, in
reply to Attorney Dey, contended that
the partial compliance with the ordi-
nance by Mr.. Holmes, as admitted in
bis suit, WIRE also an admission of the
validity Of the entire measure.
Question by Dininny.
Why said Attorney Diuinpy,
"did they obey any part Of the ordi-
nance if they believed it to be in
valid1''
Attorney Dininny referred to the
state laws, which define a hotel so
that a restaurant is not part there.
of, and called attention to another
section which gives the city the power
to regulate hotels. restaurants and
taverns. The regulating section, At.
torney Dininny said, in it's very Ian
guage draws distinction between the
three, which taken with the definition
of a hotel as given in the statutes, In
dicates tho city's reason for having
enacted the measure.
The hearing was characterized By
many exchanges of personalities be-
tween the two attorneys On several
occasions they interrupted each other
heatedly, and in polite sarcasm re.
ferred TO the "mental deficiencies" of
each other.
Tho city will, at the hearing Satur-
day morning, place a number of wit
nesses on the stand in All effort to
prevent the issuance Of liquor license
in any form to Mr.. Holmes.