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A'Y NO MONEY FOR THIS P A PF U IT HAS BEEN purchased and paid for by a regular subscriber and we WILL PAY $10 00 I X JL JHIO JrjrJkJ& FOR THE IDENTIFICATION OF ANY PERSON CAUGHT STEALING OR OFFERING IT FOR SAT Q' 157 ' Established apbil is, is7l SALT LAKE CITY, UTAH, SUNDAY MORNING, SEPTEMBER 18, 1910. . weather TODAY-uneettie 44 PAGrES FIVE CENTS, jppresi(leiit Defies Politi roncii(s to Come Out Bd Figlit in Open. . MS ATTACKS MADE Hprom AMBUSH ON HIM ffij That He Is Going to iSWfwiiole Thing, in New tjyifork, at Least. WBfiSE. Scpl. 17. Coming into rifcld of ilic oppositon, cx-Prcsi-1 tKevclt today boldly challenged' Bpnts o his political doctrines aiSHjput J" ihe i)cn a,ul ?'igI,t if jjMfaV He prophesied that, if Uiey jyould bo beaten. uSjHfciacr president also gave warm SjEftipu of I'resiilcnt tafat as a Keial and expressed bis ap ijPimmibcr of tbo aeoomplish ' Rho Taft administration. Col ttyBvclt did not indorse tbo ad lKon as a whole. What he did JjHLay. however, placed him on JBr the first tune in regard lu KiKc more important features VjBreaking the silence which lie Ktoincd steadfastly on the sub jkBEbt for his few brief refer aJijKuis successor made while- ho KMfrb' western trip """ftands by His Guns, t p 'defended his recent c.ril 'two decisions of the United preme court, made in a 'speech r ami quoted the words of II. (Taft. written when he was io. support his contention that lo'' have the right- to criticise 'of'ilio courts." polbnel Ivoosevelt arrived, the jf grounds, where he spolte, n;cd with a crowd which Smorc Hum forty thousand, pjyent lo five speakers' stand, foosevelt rode around the Tiiile jtlic head of a parade and re xordial welcome, (all of (he members of the !V Tvhtcli will have the colonel luring his stay here are ideu Vjllio Onondaga county Ho .organization of which 1mt:ii icks, ex-suporintendent of in I'the head. Mr. Hcndrielis is vfof the Republican stale com H1 1 voted against Roosevelt i.-.H.tate committee refused to m for temporary chairman of bjican slalo convention, iny Hands of the Enemy, inel spent the evening at the flacntcnant Governor 'Horace lip' gavo a dinner for him. Kj;lie was in tho hands of (are talcing part in the light lini, Timothy L. Woodruff. fo the Itcpubiican state coin id 'one of the leaders of the to Colonel Roosevelt, was j T. shook hands with tho col-I ate dinner with him. Colonel j .'and adversaries inei. each i tlj cheerful faces and jested J Jr. differences. ant Governor "White made j iC .shortest speeches on record j (introduced Colonel Roosevelt ir, grounds. rclicre today to welcome and Theodore Roosevelt' ho said iwas all. oriel who had just sealed him 10' rear of the. stand to wnit pViTnto had linished his speech, f'-in surprise as ho saw the governor backing from the fspcalc now 2" he asked. iJn Fighting Mood, bite naid that the time had If the colonel arose. He was g.trini us ho faced the crowd. ml said so. He shook his was in tho air and thundered aPHiago with all the energy tcpuhl muster Several times ia from tho text of his prc to inject remarks to show Wtly ho meant what ho said, ft that my opponents would h he open," ho said, ittoot from tho bushes, " he ?t another point, "but vou crmuke them come into 'tho flight the issue." r7 "mark which caused the 'Cficor was made just as ho Marcd his opponents to put F qn i record as against him. f they won't do it." said W may criticise me, but they 'As tliouh they were trcad J before they take tho other !? "Socialistic" Creed. had asserted that leaders s must :H.t 80rvnu,s of P ' '"id that the corporations M i real tiro and not the master CP(J. hp said ar,hraBe the words of Pat, of it 1jc Koci:ilis" ""'be- f S !ll,ler, l,(J ! declared ! S'n,. .CI!,l,,nviIcKc for "oho. ft?"' L H' " any roa 8ud the boss, and they both poosevclt sin,! that ho had Ste wc,cxaet,' f have feoSti,Sor?10,,( ,t,lh0 0,,t' TctS7l', nL 1 ,,avc uot f !,ho,ltl a in the k .C0 0nuI said, .navo to tay ia to ,.lho awny ptfnuea on Page iVo. V Members of Investigating Com mittee Will Begin Sessions in Chicago Tuesday. WILL GIVE SENATOR CHANCE . TO TELL HIS VERSION Lee 0!Neil, Browne, Twice Tried and Recently Acquitted, May Go on Stand. By Leaser Wire to Tho Tribune. CHICAGO, Sept. 17. Membors of the senatorial committee which will in vest igato the election of United Stntos Senator William Lorimer will begin their sessions here next Tuesday morn nig at10 o'clock in t.ho Congress hotel, and they will go Jnfo tho bribery charges much further than it is pos sible to do in a court trial. The committee is empowered lo sum mon witnesses and to administer oaths, and the evidence given will have as much force aufPbc entitled to flic same consideration as if given in a court. Thcro probably will be more latitude, however, in 'the examination of wit ncsses. Will Call Lorimer. Senator Lorimer- will be called bv tho committee, but he said today ho hnd not determined who his lawyers would bo. It is understood that former Judge ISlbridge llnncey, who appeared m the arguments prelimuary to tho first, trial of Lee 0'lSTcil Browne, will have charge of the senator's case. Sonator .T. C. Burrows, of Michigan, is chairman of the investiglning com mittee and the other members arc Senators William B. Hoyburn of Idaho; Robert J. Gamble of South Dakota, and William P. Dillingham of Vermont, Representatives and Senators J. B. Frazier of Tennesec; Johnston of Ala bama, and Pnynter of Kentucky, Dem ocrats. Tt is reported that all the leading members of the bi-partisan combine which elected Mr. Lorimor hnvo boen summoned to appear before the com mittee and in addition to these all tho Democrats who havo eonfessod they wore paid for their votes will be called as witnesses. In this hearing the evi deuce of Senator D. AV. Holt slaw will bo received whcrojfttcould not bo pre sonlcd in the Browno case. Admits Tailing Bribe. Holt slaw said ho was paid .2500 hy Sena (or Broderick for his vote on (he senatorship and Hrodcriclc is Minder in dictment for briber'. That will make four Democratic members of the legis lature who will testify in support of the charges that corruption was used in the election. Another point of interest will bo the altitude assumed by Leo O'Ncil Browne. He did not "go on tho aland as a witness in cither of his trials, but ho will be given a chance to tell his side of the story lo the senatorial com mittee, for it is said ho has been sum moned as a witness. The members of Iho committee are expected to arrivo here some timo on Monday, and it is believed their hear ings will continue two weeks or longer. POLITICAL CONDITIONS IN SPAIN NOW UNCERTAIN Special Cable to The Tribune. MADRID. Sept. 17. Willi only a fort night lo the reassembling of the corlcs lo p.'usa judgment upon the policy of Pre mier Canal;jas In dealing with the Carl Ist and clerical parties, the indications I are that the outcome will be favorable on the whole to the government. Liberals of nil factions are fairly well united. Tho uncertain factor is Sonor Morel, and there is a good deal of con Jcciuro as lo tho direction In which his Influence will be thrown. Canulcjaa. making an indirect response to the arraignment of Monsigiiuer Vlco, papal nuncio, for meetings of protest agnlnst the "padlock bill" on October 2. announces that at t ho opening of the cortea he will propose the simultaneous dibcueslon of the budget and of special bills dealing with tho political quention.s of Ihe moment. He is optimistic regard ing the outcome of the financial situa tion and the better collection of taxes, and believes that the Spanish nat(!on de sires to lay tipon the magnificent prop erties of tho monks some portion of tho budget of SL'OO, 000.000. of which tho clergy receive nearly 510,000.000 In pen sions. Impartial accounts arc agreed that al though In .Navarre. Aragon and Catcio nio. an army could be raised at short no tice to defend the Roman Catholic church, tlut element? of religious war do not exist In .Spain today. FINDS PROGRESSIVE SPIRIT ' PREVAILING IN CHINA By Leased Wire lo The Tribune. NliW VOIUC, Sept. 17. Capt Joseph's, llcugli of the lihiglish navy, retired, sta tioned in Peking, teaching Chinese sail ors how lo handle :l battleship, who ar rived hero today on ilm Philadelphia from Southampton, talks with enthusiasm of the readiness with which the Uhinoso are talcing hold of western methods and ideas. "The Knglish language," ho said, "is now being taught in tho schools of China by an edict of the celestial kingdom and before long II. will be recognized aa of ficial. "The Chinese princes, whose aspira tions in former times wore entirely liter ary, are now going Into tho navy. The navy happens to bo my Held, but a simi lar awakening Is going on in all depart ments of Chinese life. "The mqdern spirit Is creeping In even hi tins government, the last stronghold of tho reactionaries. The reign of the Manchurian dynasty is virtually at an end. Tunn Shnl Kal, formur premier, will soon bo restored lo power." Captain Heugh Is the only survivor of a rcconnoltering parly Of eighteen who wro ambushed by African natives at Benin In 1S!5. during an uprising ugainsl the British rule. Every man In tho parly was riddled with bullets. Most oT them died on tho spol and all except Capiuln Heugh haw since succumbed to their wounds. ' fr-rvvvv'I"!-H"I-r,l,iI-v y " ' ' ' " Butte Evening News. UNCLE SAM'S MOST VALUABLE NATURAL RESOURCES. J Split Between Regulars and In surgents in Republican Party Widening. BEVERIDGE, INSURGENT, CONFIDENT OF VICTORY Expects to Receive Many Votes From Democrats and the Independents. By Leased Wire lo The Tribune. INDIANAPOLIS, TmL, Sept. 17. Willi one element standing for radical insurgent ideas and another insisting that, such men as Senators Dollivcr, Cummins, La Follctto and Bristow shall not bo invited into Indiana by Iho parlj' "organization," tho Republicans arc about to open their campaign. Sen ator Albert J. Bovortdge is here ar ranging for a tour that will take him practically into every county. He is confident that ho will bo able lo sweep tho state, and ho is entering tho con test with the prediction that ho will win by a majority of 50,000. In the state convention, which he dominated from top to bottom, ho as sailed tho old order of things until many of tho "regulars" became so angry that they quit tho scene. Since then" he has made no serious effort to placate (hem and he is preparing the campaign hero on September 27 with out their active assistance. Tn fact, against tho advico of some of his trusted lieutenants, he Iia3 made himself one of (ho paramount issues of the campaign. Has Machine of His Own. Party loaders who havo boon asso ciated 'with him urged thai his per sonality and a strong following with the masses will be aii asset instead of an issue but it is asserted that he has willed otherwise. He has tho "organi zation" and it is doing business in much tho same fashion (hat finally ran the Fairbanks-Heminway machine to ward (he rocks. Many Republicans who aro very friondly to Senator Bovcridgo are now afraid "a mistake has' boen made by making him. an issue. They admit, pri vately that his enemies withia the party are pleased to accept the chal lenge and that (hey aro excusing their disloyally to the ticket by citing that he bblted the Republican caucus by re fusing to vote for the Payne-Aldrich tariff. Senator Bovoridge's magazine articles, declaring for independence in politics, and expressing a disregard for party lines, promiso to confront him throughout ' the canvasB ami lineup against him Republican workers who arc tpioling his own wrds (o excuse their course. Counts on Democrats. Senator Bovoridge is counting on a largo number of Democratic and inde pendent voters. At the Democratic headquarters the assertion is made by Chaiarmau .lack aon that, there is no sign of a break among (he Democrats. . Louis filling hum, a Democratic editor who is at (he head of tho ticket as a candidate for secretary of slate, declares ho has visited most of tho counties in the northern half of the state, and has yet to bear of (ho first Democrat who is going for Senator Bovoridge. Thomas R Marshall, who will open Continued on Page Two. Index to Today's Tribune v,i?v''!',!,'I,'I"H,v"'j,'rrt"i,',r'.,,n ! J- Dopartmouts. Pago I- Editorial 5 -I' Society , 8. 0 v Mines , JO I- Markets 11 -l- 5 Drama and music 12, 13 -1 Real estate news 122 v J lutermountain ; i.'G -r . v Domestic ! Roosevelt emphatic in challongc v i' to political opponents I r Chicago now second city of United n v States, fourth of world 1 I- Fortifications for Panama canal r will cost many millions 1 Political light In Indiana will be -J- bitter 1 ; -5- Investigating committee ready to -I- probe Lorimer case 1 I- j- Suffragists busy with prospective v J- and elected congressmen 2 -I- -I- Democrats hope to sweep the cast 2 v Condensed telegrams -1 ? i 4 Local. J Supreme court defines authority - r to grant lltiuor licenses 1 v ! Deep Inferest in American party v ! primaries 32 n- Candidates for nomination arc ac- v live 32 4- Postmaster General Hitchcock ! visits Salt Lake 32 I- Political gossip :!2 GH REPORTED Mayor Goes to Bed at 6 o'Clock . and All Visitors Are Excluded. b By Leased Wire to The Tribune. NEW YOltK, Sept. 17 Fatigued by ex cessive exercise, Mayor Gnynor -retired to his bed at G o'clock tonight. There had been disquieting rumors about the mayor's condition at St. James, L. I., all day, and at night it was reported that ho hud suffered a. relapse. The mayor spent a few moments In tho open air and then retired. All visitors weic told thai he was "not In." "There is nothing alarming about tho mayors condition." said a. member of the family today. "Tho mayor wont to Ills bed at 0 o'clock and his supper was served to him there. He ate little and then slept. Wo havo not had a doctor and do not need ne at present. Thv mayor has not complained of any illness bevond being tired out. "Wlillo Mr. Gaynor Is still suffering from u. soreness In hia throat and a cough. h has gone on long walks and has otherwise carried out. a strenuous course of exercise A pood night's sleep will put him In good shape tomorrow." PROMINENT PHYSICIAN- GROWS WKAKY OK LIFE By Associated Proas. CLEVELAND. O.. Sept. 17. Driven desperate bv an incurable disease. Dr. Hemlcy C Ituttor, former superintendent of the Columbus slate hospital for tho In sane, and an International authority on insanity and nervous diseases, committed suicide' hero today. Accompanied by his wife. Dr. Putter camu to Cleveland three woolen ago on a visit to somo friends. Lust Wednesday he disappeared, and all search for him -was fruition? until toaay, when he was found In tho lobby of a downtown hotel dying from unknown poison. Mo expired while being brought to a hos pital. l)r Putter was the author of several hoolts on mental diseases, among them "Criminal Responsibility in the Insane," which wns quoted In the Thaw trial. Tnft's Stand Indorsed. By Associated Press, PL'EBLO. Colo.. Sept. 17. Tho Pueblo county Republican convention, hold hero todny. Indorsed the administration of President Taft, the preaont tariff, and at tho same time ruld a glowing compliment to Theodore Plooiicelt. Population as Given hy Tabula tion of Late Census SIiows It Has 2,185,283. CITY IS NOW FOURTH LARGEST OF THE WORLD Is Getting Close to Paris, and Has Lead OverTokio and Berlin. By Associated Press. WASHINGTON, Sept. 17. The popu lation of Chicago is 2,1S5,'J8I, an in crease of 4SG.70S, or 23.7 per cent, as compared with l,(J'J8,o75 in 1000. This announcement gives Chicago rank in population as tho second city of the United States and tho fourth ia the world. Chicago litis almost doubled its popu lation since IS90, when the figures were 1.G0SJ.850. Us greatest growth during that period was between 1SO0 and 1900, when there was an incroaso of 54,4 per cent, lis iucreaso in population dur ing the last decade was not so great proportionately as that of New York, the rate of increase being 10 per cent less than that scored by the eastern eity. New York is yet ahead of its closest rival by 2,5SJ.5aO. . Chicago, however, can claim distinc tion in progress, its she jumped from sixth to fourth place among tho big cities on the trlobc. It is following close upon the heels of Paris, whoso population by its last consus in 1901 was 2.714.0GS. Chicago lakes prece dence over Tokio and Berlin by closo margins. According to the census taken in each of the two cities in UlOS.-jTokio bad 2,0S5,1G0, and Berlin 2,040,13s. ATLANTIC CITY READY TO ENTERTAIN VISITORS By Associated Press. ATLANTIC CITY. X. J.. Sept. 17. This town Is rendv for tho Grand Army of the Republic After weeks of planning and many days of loll, the resort Is dressed In its gayest colors, and all preparations hnvo boon umdu to entertain tho thou sands of veterans and the host of other visitors. Every avenue Is decked out with flags and streamers. The board walk Is ablnuc with colored lights. The encamp ment will not open until Jlonday. but Commander-in-Chief Samuel R. Van Sant of Minnesota arrived last night. Tn addition to tho reception to the visiting delegations which will arrivo to morrow, tho day will bo glvon over large ly lo religious services lu many of the churches, Tho spectacular feature of the encamp ment, the parade, will come on Wednes day. Vice Pri'KldtMit Sherman Is expect ed to review tho parade. YOUTH OF SEVENTEEN STABS MAN TO DEATH By Associated Press. KANSAS CITY, Sept. 17. Los lor High, u soventoen-yoar-old schoolboy, atabhed to death Clarence Davidson anil probably fatally wounded John Vulle in a street light bore tonight. Davidson formerly was a sweet heart of High's sister. Ifor father borbado him to conio lo his home. After that, according to tho oldor High, Davidson and Vullu nagged tbo young brother of tho girl continually. After tho slabbing, young High wont to his homo and retired without saving anything to any of 1 his relatives ubou Ills trouble ile was apparently asleep when officers arrested him. "They tiled to gel mo," was bin cx-pUmalion. iSra Estimate Is That United States Will Spend $2,500,000 for Guarding Waterway. THIS WILL INCLUDE SEA COAST DEFENSES Intention Is to Plant Heavy Guns on Both Sides of the Isthmus. By Leased Wire to The Tribune. WASHINGTON, Sept. 17. Plans for tho fortification of the Panama canal, at a cost of $14,140,000, an increase of oi'.276,522 over tho estimate submitted in 3905 .by the National Coast Defense board, of which President Taft was then chairman, were sent to congress lait AwiiJ. The proposed expenditure refers only to "sea-coast defenses for the torminus of the canal," but it is also planned io provide moans of defending tho por tions of the canal other than the ter minal from attacks to which those por tions might be subjected by forces op erating on land with the object either of getting possession of the canal or injuring tho locks, dams, etc. Twont3'-five million dollars is a con servative estimate of what tho final plans for the combined scacoast and land defenses will call for, and it is aot considered improbable that tho total cost of the fortifications will bo nearer $40,000,000 than $.14,000,000. Details of Announcement. The scacoast defenses now being urced by President Taft comprise the following armament: Ten 14-inch rifles; twelve 6-inch rifles; twenty-eight 12-inch mortars, be sides an elaborate system of submarine defenses. Six of the fourtcen-inch rifiqs the most powerful and costlj' gun in the world will bo placed in places on the Pacific side of the canal, and four on the Atlantic, in pairs. Although the greatest secrecy is be ing maintained concerning the fortifica tion plans, it is known that tho main fort defending tho Pacific entrance will bo built on Sosa hill and armed with four .14-inch rifles, six six-inch rifles and eight 12-ineh mortnrs. This will be named Fort Amador, after tho first prosidciit of tho republic of Panama. For Fleet's Protection. Two other 14-inch rifles will be placed on Ancon hill, with smaller artillery, and tho islands of Naos and Pcrico in tho Bay of Panama will also bo forti fied, with the object of enabling an American fleet to pass through the canal and form in line of battle on the Pncific sido outsido the range of any gun on a ship that can conic within rango of the guns on the islands, which in turn will bo protected and command ed by tho guns on Sosa and Ancon hills. Tliis plan was adopted to meet the objection of Admiral Evans, who pointed out that if fortifications were not built a fleet passing through the canal would have to come out one by ono, and that "it would bo impossible for a fleet to pass from one ocean to another if there were a hostile fleet awaiting it; the hostile fleet could destroy the vessels as U103- came out." Furthermore, tho original plans for the Pacific entrance of the canal have already been entirely changed for strategic reasons. The locks wore to have been built at Sosa, thus affording the greatest possible convenience to commercial shipping, but Colonel Goo thals has moved scvoral miles inland in a sheltered position at Aliraf lores, where they arc comparatively safe from tho firo of any warships in Panama East Sido Defonso. The defenses on tho Atlantic side will consist of two twiu emplacements of fourtcen-inch rifles, each roinforccd by six-inch rifles and twelve-inch mor tars, so that there will bo practically four forts in all two on tho Pacific and two on the Atlantic side. As on both the Atlantic and Pacific sides approach to the mouth of the canal is onlv possible for large ships through a dredged channel 5Q0 feet wide extending three miles out to sea. the protection of theso channels by submarine mines is easy. On the Pa cific side it is also iniendod to mine tho passages between tho islands in the bay of Panama so as to prevent an enemy's ship from taking refuge be hind them. Admiral Dewey, who. as senior mem ber of the joint board of officors of army and navy appointed in Novem ber, 1009. to report on tho fortifica tion of the. canal, approved tho above armament, is on (lie record as opposed l.n the principle of fortification, lie said in an interview some timo ago: "Fortification? Why, of course not. 1 understand it, the canal is to bo and should be a mutual commercial path way betwen the two great oceans. To fortify it would simply result in mak ing it a battle-ground in caso of war. Fortificalions would be enormously ex pensive and ought to be rejected." CANAL FORTIFICATION IS DELICATE QUESTION Special Cahlo to The Tribune. LONDON, Sopl. 17. Tho report that Embassador Dryce. upon his return from -1110 Isthmus of Panainn, will in form Secretary Knox that Great Brit ain prefers that the United States shall fortify tbo canal, is not. credited here. Since President Taft in his message to congress in April recommended that the United States fortify tho canal, the foreign office lias been engaged in tho matter. As a result, Embassador Bryco's visit to the Isthmus was decided upon, and an oxehango of views with the powers took place. It is understood that the powers aro agreed that tho Continued on Pago Two. County Commissioners May Grant or Refuse Applications, as Deemed Wise. CANNOT BE COMPELLED H BY MANDAMUS ACTIONS H Opinion of Supreme Court Will H Have Far-Reaching Effect H County commissioners- may, after due consideration and proper Inquiry and ex aminatlon, deny applications for liquor II censes without interference from or be lng: answerable to the courts. In other words, mandamus proceedings will not lie to compel boards of counlK commission crs lo grant liquor licenses. Such is the effect of an opinion handed down Saturday by the supremo court in the matter of the petition of D. A. Smyth against tho commissioners of Morgan counly, T. U. Butters, W. E. Crlddlo and George R Carter, appellants, for a. writ or mandate to compel them to grant him a retail llqiior license. The opinion Is VM written by Chief 'Justice D. X. Straup and both nssocIKtcs concur. The opinion, which lays down a rule for 91 a mooted question In this state, will be iH of far-reaching effect., for, while the pow crs of town boards and cltv councils to deny liquor licenses are not outlined In jH the opinion, for the reason that this issue was not raised in the appeal to tho (H supreme court, the effect of the opinion Is the same as to these, Inasmuch as fH boards of county commissioners, town boards and city councils get their prl mary right to grant, or denv liquor li censes from the same source the state IH slaUitcs. JH The courts may interfere onlv when Sl commissioners arbitrarily and capricious Iy deny applications for liquor licenses. the supremo court broadly holds, and then not to direct them how to act or to decide thu matter, or to compel or co erco them to Issue or refuse the license, but only to compel them to consider the application fully and fairly. History of Case. Smyth applied to the district court of jH Morgan county for a writ of mandate to fH compel the county commissioners to re- fM new his license to soil Intoxicating liquor IH at Devil s Slide. His petition for the re- (H newal was in proper order and, he set out, was accompanied by the proper bond and agreement that lie would con- duel an orderly place and would not al- iH low gambling, but in spite of this the commissioners refused tn "i-mit tii.-. . IH newal. This refusal, Smyth said, was jH not based upon any defect in ids appll cation, nor upon any other defect, but was based solely on the grounds that the commissioners did not desire to grant any liquor licenses. Upon llils showing tho court issued an IH alternative writ or mandate commanding the commissioners lo grant the applica- lion or show cause why they did not do IH so. The commissioners demurred and TH moved that the writ be quashed, but both IH demurrer and motion were dismissed. fH Then tho commissioners answered, set- jH ting up that It was against the interests of the county and the wishes of the peo- ll pic to permit t lie sale of intoxicating IH liquors at any place within the county outside incorporated cities, and that a iH majority of the residents and taxpayorn of the precinct in which Smyth desired ll permission to sell liquor were opposed !H to the granting of the license. The com- Kl ruissfoners also set up that Smyth, under Hl his first license, had frequently violated jl the law by selling liquor on Sunday and lll permitting gambling on the premises. jl After taking the case undur advise- il meat tho courL Issued a peremptory writ of mandate commanding the commission- !H crs "not to refuse lo issue the license lH lo the plaintiff upon the ground that they ll are opposed to the grantnlng of any liquor tll license in said county." iH Commissioners Appeal. il The commissioners nppealod and tho ap- ll peal involved tho question of whether SH the determination 01 tho commissioners IH In refusing to grant Smyth a renewal can iH be controlled by mandamus, and if so iH whether ihe Judgments entered by the tfH lower court on the pleadings and findings SHHI were justified llHI After setting out the nature and ob- kl Ject of writs of mandate, the opinion UH says that to be entitled to such a writ UH against the commissioners it was incum- IH bent on fc'mytli lu show that the granting ll of Iho license was specifically enjoined ll by law upon the commissioners as a duly jl resulting from their office as commis- Q sioners, or thu I their refusal unlawfully iH precluded him from the enjoyment of a. IH right 10 which he was entitled. Here IH the court quotes from section VZ42, Com- EH piled Laws of 1007. requiring a llcunsi EH for tho manufacture or sale of Intoxicat- SIH lng liquors, as follows.' ElH "No person shall manufacture, sell. rl barter, deal out, or otherwise dispose of H any spirituous, vinous, malt, or other ll intoxicating liquors, without (list obtain- fl lng from tho board of county commis- ll sioners of tho county, or city council of H Hid city, or board of trustees of the town Jl In which he intends to do business, a 1 license therefor, as hereinafter provided." jH Then the court quote;? from section H of the Compiled Laws of 1907 aulhorlz- H lng the granting of applications for sucl. il licenses, as follows: uH "The boards of counly commissioners Hl in their respective counties, and the city H councils in their respective cities, and tho tll boards of trustees lu their rcspcollvc aH towns, tiro hereby authorized to grant nl licenses, as contemplated in section UM-', IH to any person over Iho age of 21 years. H upon an application being made for such H license, by petition signed by tho appll- El cant and Jllcd with the county elork, city MH recorder, or town clerk, us the case may Ol be. Said petition must stale definitely HH the particular place al which any of tlie IH liquors named In section 1212 aro In- Hl .tended 10 be manufactured, sold, bartered. Ul dealt out, or otherwise disposed of, and tl whether M10 applicant Intends to carry MH on a retail or wholesale business." IH Section 12-ITi, providing that applica- NH lions for liquor licenses may be refused H for good cause, in the discretion of Uih fH board Of trustees of the town, tho city Kl council of the city, or hy the board of il county commissioners of the county, also ll Is quolcd. Nl It was In effect contended by Smyth Sl that when ho made, application for a li- tl censn In conformity.fwith the statute and KB showed hlmfiClfJjatbV possess the qualitl- H cations YcquIsittrVbr tho Issuing of a li- H cense undortlie law. It became the Im- jH pt-rntlvc duty of the commissioners to oH grant the application, and that they could HH not lawfully. In the exercise of any other tuH discretion, refuse Ir. ll Not Bound to Grant License. H "We do not think." says the supremn jH court, "that under the statute the com- iH mlssloncrs arc bound to Issuo a license- tH Continued on Page Two. Il