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I M InsiiMp loiian tlcmtlilicrttt iisM?i i H S wonth In Coht Ciuntyl 7 X tWWrfW WE-WWWJW WW WW W W com. to lit advertisers. H I ' ..' . '": ?-" , ; iV : fljj 1 H EISHT PASES'" LOGAN. CACHE COUNTY, UTAH, JATIJHOAY JANUARY 18 1913 S J? ? ov TENTH YEAR IsjjLLH I GITY AHORNEY LAW DISQUSSES f " MERITS OF LIQUOR STATUTE Charter Powers of Cities Indefinite And Un- certain Under Present Law. Wm H X I MANY CASES PENDING COURT DECISION H x I Communication Read Before Municipal League Points Out Many Defects in Prohibition as it is Now Generally Practiced Under The Existing H Laws of Utah I The following communication by City Attorney A. A. Law was read beforo tho Municipal leaguo conven tion at American Fork last week and gives the workings of tho present prohibition law which Is now In force, pointing out the defects and 'suggesting remedies. Municipal League of Utah, American Fork, Utah. Gentlemen: I regrot my Inability to bo present at the meeting of tho league and appreciate the honor of being called upon to make somo sug gestions upon necessary legislation upon tho subject of intoxicating liq uors, and I venturo to do so In writ ing. Tho present legislation or laws should bo viewed from two stand I points the wet and dry territorial I needs. I Looking over the present law from I the viewpoint of the residents of wet I territory thero Is but llttlo Improvo I ment that suggests Itself to me upon the present law, except it bo to make I the law more specific in a few parti B culars, which arc on minor import Mfc ancc, the most important of which I (wj) might say would bo to clear up tho Hi doubt if thero is nny as tho concur 1 rent Jurisdiction of tho cities to pun- I ish violation of tho liquor-law with- I In tho state. I ft Looking at the mattor from tho I j view point of the dry territories, by which 1 menn dry cities and towns, thero Is much to bo desired by way of Improvement In tho present law. First the charter powers of tho cities are indefinite and uncertain, ns to what If nny Jurisdiction tho cities have In the matter of enforc ing prohibition, The charter, Sec. 206x41 of Chap. 120 of Session Laws of Utah 1911, merely provides that In the event tho city Bhall vote against sale that the city council shall prohibit the salo or disposition etc., of Intoxicating liquors, but does not provldo that the cities may create the offense of keep ing for sale, bo concerned in keep ing for sale, or enact any other or dinance tending to suppress the traf tic than to merely prohibit the same. It Is well known and generally ac cepted as the law that cities have only such powerB as aro expressly granted, and those that aro Incident to and such as are necessarily Im plied to carry ou tho express grant of powor. This discrepancy or uncertainty In the charter has given rise to exten ded litigation, soveral cases aro now dependent upon tho decisions of tho court ns to what tho scopo of auth ority over tho trafilc or to suppress tho traffic In dry cities actually is under tho present law. ' There aro enses ponding In tho courts at Logan Involving various i questions of that general nature, and 1 am Informed thero is ono from Tooolo City pending In t'u Hupreuio ' court in which all of tho uncertain ties of tho present law as to tho au thority of cities nro beforo tho court for decision, and ono from American !$lf $ If w0 could feel assured that If tho disputed points would bo decided in favor of tho cities wo would probably get tho wholo matter ciearod up soon by a decision of tho supremo court, but tho ensca may bo decided upon somo other points not declslvo of tho real questions In which tho cities aro vitally Interostod, and again tho do clslon may not como from tho su premo cour until after tho legisla ture has adjournod and It so and tho decision was adverse to tho cities i contentions tho wholo mattor would 1 bo left in a stato of uncertainty for , another two years, so that I would respectfully urgo that tho leaguo take somo action looking toward tho amendment of tho present charter of cities making tho authority of the city concurrent with tho stato in the matter of creating offenses against tho liquor laws and giving tho city tho right to provldo a different pun ishment than that provided for by tho general law of tho state. This latter suggestion brings me to the next matter I wanted to dis cuss, under tho present law it would bo impossible, for the cities to pre scribe tho same punlsament for the reason that the power to enforce tho same would be beyond the Jurisdic tion of city courts. Tho stato law makes It an indict ablo misdemeanor for a corporation to violate any provision of tho liquor (Continued on page five) : FUNERAL AT THE E SECOND WARD ti- rt- J. C. Dowdle Burled at Wlllard. 1 Funeral Here. Biography of aa no Eve'ntful Life. , . "' lr- ln Services over the remains of John h- c. Dowdlo were held at tho Second ward mooting house, yesterday at 12 ho o'clock in. Tho largu assembly room y was well filled with friends of thu ls family :tr.d deceased, many conn1- ay from CoiKge ward and distant local v- Itles. Membo'.s of the family iron uo Canada, Idaho and other places were '" all in attendance at the fun.vl, ho which wob a great consolation to tho rc' widow and children who were ut il o bedside of tho deceased husband nnd p. father during his Illness at the time LI, of his death. ho Many beautiful floral offerings were he Bent by friends and relatives, a si- lo lent, fragrant testimony ln tho Ion- ag guago of flowers, to the Integrity aud he worth of a good man. !P- The choir sang, "Earth with hc- P- ten thousand flowers," and tho open- r Ing prayer was ottered by Bishop An- if- thoa Andorson. Tho choir then snni? ie. "Pralso ye tho Lord." ic- Bishop C. O. Dunn of College ve ward In whoso ward John C. Djwdlo ily had lived and labored, Elder Jamo3 nt Olscn, a friend and companion of bey R hood days who had worked, stru ,'gle 1 it nnd fought with tho deceased agalubi hardships and ln Indian struggled; ln Elder James Chandler of Illgby. Id!.- in- Continued on Pago Eight MANY BUILDING PERMITS ISSUED City Justice and Building Inspector Make Reports to City Commission Tho report of tho city building In spector, Christian Jncobsen, for tho year Just closing, which was mado to tho city commissioners at tholr weekly meeting on Tuosday, gives somo Interesting data. During 1912, Mr. Jacobsen has Issued soventy eight building pormlts. Fourteon of those wore to business houses nnd sixty-four for residences. Tho total amount of tho expenditure ln build- I lugs for tho year in tho city as shown by tho report is 99,9G5. A largo nurabor of plumbing and elec tric wiring pormlts 'wero also Issuod by thu Inspector. I Tho city Justico roports for tho two last qunrtors wero presented. For tho quarter ending December 31, 309 was collected for flues and C2 prisoners woro brought In for trial. Sixty wore convicted, i Emperor Francis Joseph of Austria ' And Grand Duke Who Will Succeed Him. j Fk- KjJTjrV,i& 3X' "Jvv flLK . BHssflBHsLsaHiutt eJil? s Mi KiiilNtrur l-iuucls Joseph of Austriti-IIuugiiry. vho it iexj-titl to Lo dying. 1ms been culled t it- iimsl 1111 tin i mlfr on eiirtb. Tho emperor Is eighty-two years old uud has been reigning for sixty-four ywuu, which It 11 lunger poiiud than the reign of Queen Elizabeth It has been an extremely unhappy llfo for tula kmljr old nuin. i.s confesm'd In many notable letters of the emperor. His son, tho Crown I'rliice Kudolpli, commlttea aalcido over n love affair: IiIm wife, the lovely Empress Elizabeth, was stabbed to death; liH nephowx. tho grand flukes, nich Imve llgiired In din cnceful ruptures with tho crown, and lie 1ms been under the cloud of 11 11 oppressive treaty forced from him by UN Barck. The Grand Ouko Francis Ferdinand, who will hucitoiI llio cnipcror. married tho Countess Chotek ugalnst llu wishes of the ruler aud In violation of all roynl convention. Emperor I'riiuclH Joseph partially forgave his oiin grace nephew and raised tho letter's wife to the rank of Princess of Holienborg. However, sho can never bo emptv-. The emperor Is shown at the bottom of the picture, with the unitid dnko and his family above. FARM PRODUCT CONTESTAT A. C, Judging of Grain and Potatoes Will Be Feature of Round-up. Girls Flower Clubs Or. 1 ganlzed That tho Utah Agricultural Collego is not confining its efforts to tho In stitution at Logan alone, but Is do vising practical methods of getting education out to tho people Is evi denced by tho wonderful growth of tho boy's potato clubs and tho girls' Dower and bread clubs throughout tho stnto. Prof. J. C. Ilogonscn who Is ln charge of tho boys' clubs states that that organization has now a membership at two thousand enthus iastic potato culturlsts. Two thous- ' and Utah boys nil planning for bet ter Utah potatoes Is no mean factor I In tho development of tho state, but not satisfied with this I'rof. Hogcn sou is now ondeavoring to lncreaso tho club by an additional ono thous- j and membership during this present yenr. A special feature of tho big annual Hound-up which Is to con vono at Logan on tho 27th of this month nnd extending over to Feb ruary 8 will bo a grain and potato Judging contest which will tako place on tho afternoon of Wednesday Jan uary 29, Tho teams competing In this contest will bo chosen from tho district nnd high srhno'n of (-cbe and Vox Eider counties, nnd sttltnblo prlzos havo been arranged for rV team and tho Individual winners At tho evening meeting upon this date tho four silver trophy cups which Continued on pngo four) ALUMNI BALL MONDAY EVE There will b0 an alumni ball at tho Smart gymnasium Monday eve ning, this bolng the first party slnco tho holidays at the collego, It will tako on nn aspect of a reunion of students ns well as of graduates of tho Institution. While tho pnrty Is an alumni affair, It Is also open to tho general public. Refreshments will bo served and It Is expected a big turnout will be In nttendnuco. OLD SHACKS MUST GO Tho ownors of property on Flr'at North street on which now stands rickety buildings, aro contemplating tho erection in tholr plnce, modern structures. A meeting was held on Thursday evening by II, E. Crock ett, J. Z. Stowart Jr., Magnus Olsen, T. G. Lowo, Chas. Kallstrom, Isaac Elwell, II. A. Pederson nnd I. P. Stowart and discussed preliminary plans for tho erection of tho build ings. Thoy say that tho old shacks must go. M. I. A. CONVENTION Tho regular monthly convention i of tho Cache stake Mutuals will bo I held Sunday January 19 at 2 p. m. I In tho First wnrd room of tho Logan tabernacle. All M, I. A, officers are roquc-rttcf! to bo present. A. E. CRANNEY, JEAN C. THATCHER, Superlntcndency. AWARDS MADE AT POULTRY SHOW I Many Fanciers Receive Ribbons For Fine Birds at Cache County I Exhibition I Single Comb Drown Leghorn H. E. j Nelson, 1st, 3d, 4th ckl; 2d 4th put; 1st cock; 2d 3d hen; 1st 4th pen. Swoopstnkes. Fred Gibbons, 2nd ckl; 1st nnd 3d pul; 2d cock; 1st nnd 4th hen; 2nd and 3d pen. Special. 1 Slnglo Comb White Leghorns II. E. Nelson, 1st and 4th ckl; 2d nnd 3d pul; 2d nnd 3d rock; 1st 2d nnd 4th hen; 1st and 3d pen. Special. 'J. C. Sorcneen, 2d ckl; 1st, 3d and j 4th pul; 1st and 4th cock; 1st and i 3d hon; 2d pen. Chris Olsen, 3rd ckl; 4th pen. , Roso Comb Drown Leghorn Stow I art, 1st and 2d ckl; 1st, 2d, 3d and 4th pul; 1st cock; 1st, 2d, 3d, nnd I 4th hen; 1st, 2d and 3d pen. A. D. ' Porry, 4th ckl; 4th pen. Sliver Leghorn II. E. Nolsen, 1st I and 2d pul; 1st and 2d hen. Special. S. C. Duff Leghorn R. II. Hayes, j 2d and 3d ckl; 1st, 3d and 4th pul; I 1st, 2d, 3d, and 4th hen; 1st nnd 1 3d pen, Lcmmons, 1st ckl; 2d pul. , Special. I Darred Plymouth Rocks Bert Mc ! Cullough, 3d and 4th ckl; 1st, 2d, 3d, , aud 4th put; 1st and 2d cock; 1st and 2d hen. Special, 1st and 2d pen. II. J J. Mathows, 1st and 2d ckl; 4th pen. 1 F. G. Smith, 3d and 4th hen; 3d I pon. 1 Whlto Plymouth Rocks J. A. Mc ' Causland, 1st and 2d ckl; 1st and 3d pul; 3d hen; 2d pen. Special. E1b I (Continued on pngo five) LIQUOR CASES , ., HELD ILLEGAL ' Judge Loofbourow Decides , Convictions in Lower Trib- unals Under 1911 Law Are H Void, Logan Cases may Come Under Decision. Proccduro in prosecution of often- iH dcrs against tho 1911 liquor law Is H completely revolutionized throughout H tho stato by n decision handed down Wednesday by J ml go F. C. Loot- H bourow of tho criminal division of tho Third district court in Salt Lako H City. Tho decision summarized is In H effect ns That Justice- courts hnvo no Juris- H diction to pass Judgment and Impose H penalties in cases brought undor tho B 1911 stato liquor H Justices of tho peace in such Uq- nor cases can net only ns committing magistrates as In felony cases. '' H That violations of tho liquor law J H nro indictable misdemeanors and as H Buch must bo tried In tho district I lll That only tho district court has :H original Jurisdiction of passing Judg- ment and Imposition of penalty In H such Effectc of Decision H All Justice court convictions under J liquor law slnco It becamo effecttvo H aro branded illegal and void. I'erBono so convicted and ponalU- H ing havo tho legal right of actio H ngplnst the justice, courts so penal- H Izlng them for recovery of lines or H damages for Imprisonment. H llorcattor all prosecutions for vlo- H lotions of tho liquor law muut bo H carried through tho Justico courts na H committing courts and Anally tried fl In tho district courts It tho defend- ants are not dismissed for lack of , H evidence by tho lower court. "" H Tho decision of Judge Loofbourow H while far reaching In so far as It np- H piles to tho stato law, thero Is a M question nrlses ns to what effect It j will havo on tho cases which were J tried In tho Logan Justico court and 1 now In tho hand) of Judgo N. J. 1 Harris on nppenl The local cbbos H Continued on pngo eight j H POULTRY SHOW ; CLOSES TODAY Judge Purvis Has High Regard For H Variety and Quality of Birds at H the Local Exhibition H The Cache county Poultry nssocla- H tion, which closes today, has been j ono of tho best of tho five annual 1 exhibitions held In this city. Tho nv- H erago quality of tho birds Is vory - high showing that tho poultry breed- H ors of this county nro progressiva H and awake to tho possibilities of the ' H poultry business as a profltablo 1 H branch of our rural industries. Cacbo ' H county poultry has won fa mo abroad ' H as well as at home, as our poultry H fanciers rarely send their birds away H from homo without bringing back tho .: H best prizes offered in tho varieties ! H thoy put Into tho competition. Tho ' m birds shown this year average tho H best of any ever shown. Judgo Pur- Bm vis, who placed the awards, said that j H ho liad found fewer dlBqunlined birds . W In this show nnd the highest avorago 'j 9 scores than ho liad found at any of 9 tho shows ho nas Judged this year, I Bm and lio has been busy all winter '' Judging in Drltish Columbia and ln H tho coast towns. Ho found tlireo or Bm four birds In our local show which j mado higher scores than nny ho had , found nt any other placo. Tho Barred jj H Plymouth Rock class Is a very strong 1' sH ono, tho birds bolng beautifully mark- j tM ed and lino in shnpo. Tho Whlto Ply- WM mouth Rocks woro good enough so 9H that a local breeder captured the , IS best prizes from an out of town ' f breeder who has heretoforo been 1 H found Invinclblo In tho shows. In ' H fact tho samo breeder carried away 'M tho vory best prizes in his class at M Salt Lako City this week, whoro ' ,H there was a vory Btrong competition. 1 M Judgo Purvis has bcon a brooder of M Slnglo Comb Brown Leghorns for , - M moro thni thirty years, and has glv- M on thorn n groat deal of study Ho fl said after tho awards wero all ':,' If M somo ono would gtvo him tho Brown ' M Leghorns In this exhibit bo would bo H (Continued on page eight) z-wAm