The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-07-14
COMMISSIONERS ARE
NOT IN CONTEMPT
This Is the Ruling of Four Dis
trlct Judges in Liquor
Case.
DISCRETION IS VESTED
Decision Is Hailed as Com
plete Vindication of the
City Authorities.
DISCRETION IS VESTED

II will say our view Is that undei
the law there is discretion vested II
the commission in relation to the issu
ing OF licenses. I have come to thai
conclusion from different course OF
reason than that pursued by some OF
the others. They will be discharged
from this contempt -
With the foregoing statement, Judge
C. ". Morse, in the Third district
court, yesterday concluded his findings
in the contempt proceedings involving
the city commissioners who were re.
Gently cited to show cause for not hav-
ing issued retail liquor license to the
Intermountain Liquor company, after
the court had ordered such license
granted.
The decision says that the commits
sioncrs have some discretion in the
matter of issuing licenses, but does not
particularize In what instances such
discretion exists. Inasmuch as the case
in question involved a location in par
ticular and the number of saloons in
the city in general, Judge Morse's de-
cision is interpreted to mean that the
commissioners have discretion in these
matters
The hearing of the order to show
cause why the commissioners should
not be cited for contempt occupied a
day in Judge Morse's court about q
month ago,
Aaron Myers. assistant city attorney,
associated with W. J. Barrette, former
counsel, defended the stand
Of the city commissioners after Harper
Dlninny, city attorney, had told tho
commissioners that they chad no more
to do with the Issuing of liquor licenses
than man In Asia. -
Judge Morse's Decision.
Judge Morse's decision, which was
gwen orally, was as follows:
In the case of the application OF the
In.ermountain Liquor company for a
retail liquor license In which con-
tempt proceedings have been presented
commissioners OF Salt Lake city de-
clined to Issue license after the
court had made the order provided
for by law:
In view Of the fact that matters
similar in their nature. not being
contempt proceedings. however. but
Involving this law, are pending and
VIII from time to tlme pend before
the various judges Of this court, I
thought 1t wise to submit this ques-
ton to the other judges so that we
might have uniformity OF opinion. If
possible. on the various matters
growing out OF this law, and 1t was
submitted to the other judges, with
the exception OF one, who was so
engaged that he could not give 1t any
consideration.
The judges that considered this
matter are unanimously of tho opin-
Ion that tho commissioners are not
guilty OF contempt OF court They
VIII be discharged and because OF the
TACT that each Of us arrived at this
conclusion from different reasons I
have deemed 1t unwise to enter into
an outline Of the reasons which
actuated mo In arriving at this con-
clusion.
| will say our View Is that under
the law there is discretion vested
in the commission In relation TO the
issuing of licenses. have come TO
that conclusion from a different
course of reason than that pursued
ey some OF the others. They will be
discharged from this contempt
L