The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-07-16
ASSUMES TO ovERRuLE.

The Smoot organ, through its per
verse asininlty, assumes to ovcrrul,
the District Court in the matter OF i
suing liquor licenses in this city. Yes
terday morning the Smoot organ re
ycrsed Gin its own opinion) The dc
cision OF the Third Judicial District
Court on the liquor question, and called
| the Judge to severe accounting toI
! entertaining An opinion at variance
with IFS own. II quoted the miserable
makcshift Of law from the maIes OF
which the Judge was able 10 pick out
q piece of tenablc ground But i
didn t quote the opinion Of City At
torney Dininny, fled with the City
Commission on the 2Sth day OF May,
1912, in which he explained that the
commission was without authority or
jurisdiction in the matter. 1nasmuch
as the Smoot organ concurs with the
city attorneys opinion, and dissents
from that Of the Judge, it is not easy
to understand why both are included
in its denuncintion. The city attorney
said: "It appears that some of the
Judges of the district court have at
tempted to load upon the commission
some Of the duties that the law inn
poses on them He said further;
sition taken by Judge Ruchie of the
district court, it is that the COM
missioners should give the pro,estants
and the applicant for license hear
ing. He does not attempt to base that
decision on any law, nor can he, be.
cause the law is as plain rs can be
that the district court has exclusive
jurisdiction over the matter of grant
ing or refusing a license.' In con-
rlusion, the city attorney stated; 81
am of the opinion that the commits
sion has no power or authority, and it
is not warranted in assuming 10 hear
evidence upon the application for a
license, OF upon a protest against
granting the same
The city attorney dwelt upon the
evident intent of the Legislature
to deprive this city of its rights
and powers 10 restrict evils with
which it has to cope, and to re-
woke licenses when no longer able
to control the licensee That such
was the malicious intent of the Legis-
lature there can be little doubt, espec'
tally since the organ OF the politi
cal machine which absolutely domi
mated that legislature puts exactly the
same Interpretation upon it, based
on an accurate knowledge of the mo-
tives behind 1T. that the city attorney
does on the general record and repu.
tation of that legislature. 1t is a clear
case that the city attorney understood
fully the intent OF the legislature, and
believed that this malign intent had
been carried out in this law,
That the Smoot organ sneered at Mr..
Dininny because the court refused to
hold with him, is in keeping with its
character as a traitorous maligner.
That it ridiculed him ono day, and as
sailed the court s position as absurd
and amazing the very next day, is not
10 be wondered at. either. It's first i'm
pulse is to give vent to petty animosi
ties and to forget all else in the
presence of an opportunity TO indulge
in low personalities. on second
however, it discovered that it
was in the same boat with the city at
Iorney, and realized that whatever
ridicule applied to him WAS also ap-
plicable to itself So it accused Judge
rance with the law by some ques.
process Of reasoning, which it
ntimates could not be traced or eX-
Dlained, to the greater confusion OF
the public. Opinions not written in
The Office Of the Smoot organ are thus
subject TO dissent.
AS matter of fact, the decision
makes it plain that the city commits
sion has jurisdiction of its own. and
he district court has its jurisdiction
also, as common sense and ordinary
Justice would require. The city has
lot been deprived of every right ex-
;ept the right to pay taxes and police
he city, according TO this decision,
iowever much The Smoot machine may
,ave desired il, The court will con
inue 10 pass on the legality Of appii
,ations and the personal qualifications
# applicants for liquor licenses, as
ne law provides: but the commission
viii say whether or not it wants to
axe increased responsibilities and ex-
,ense. The court will say; "This man
: entitled TO a license if you grant
mother, but YOU are 10 use your own |
discretion about granting another.
rhe law IS perfectly plain on that |
,oint, as we shall show, and this is
he way the court and the commission, |
md nearly every one. except the city |
ttorGev and the Smoot organ, sees it. |
For. the law is perfectly plain on |
mis- question. 1t gives the court con-
roI OF the legal phases of the question, |
md the city administration is con
rmed IN it's discretionary power in
he following language, which is sec
ION 6s OF the liquor law approved |
dsrch 20. 1911, viz.
Nothing In this act contained shall pre-