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Iron Coun Record
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I ,. VoK , ' Cedar City, Iron County, Ufariday, Apr. i92. No. ' 'SSI
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I SUPREME COURT DECISION.
I Kills all Old City and Town Liquor
I Ordinances.
H
Hf II .
All city and town ordinances
in Utah prohibiting -the salo of
intoxicating liquors passed prior
to May 9, 1911, are null and void,
and no prosecutions can be main
tained under them. Such -is the
holding of the Supreme Court of
the State in an opinion handed
6 down by that court on Thursday
I of last week. May 9, 1911, is
I tre date on which the last state
liquor law, the one under which
we had the "wet" and "dry"
elections all over the state last
June, went into effect. That
law, Chapter 106, Laws of Utah,
1911, as it is called, repealing all
such old ordinances.
The opinion thus announcing
the general law of Utah on this
subject was written in a case ap
pealed from Pleasant Grove, a
dry city of Utah county, One
John Lindsay, .after conviction
in the justice court at Pleasant
Grove of having there unlawfully
sold beer carried his case to the
district court at Provo and was
w there on lAugust 16.1911, again
reTconvictltvncLsentGncQd. - The
ordinance under which he was
convicted was passed Octqber 4,
1909. The district court at Provo
I instructed the jury that that
ordinance was subsisting and in
full force and effect. Lindsay's
counsel contended that the or
dinance had been repealed by
Chapter 106, and appealed to the
Supreme Court to haye that
question determined. The last
named court sustains this con
tention and orders the prosecu
tion against Lindsay dismissed.
While the opinion, as stated
above, holds that all old ordinanc-
Ies are repealed by Chapter 106,
it states tnat the validity of
Chapter 106 is not assailed or
questioned. The opinion there
fore proceeds on the theory that
it itself is a valid law. From a
reading of the opinion it may be
'( inferred that sellers of intoxicat
ing liquors in dry communities
can be prosecuted under the
legislative act. In other words,
that county attorneys can prose
cute in the name of the state
where city or town attorneys
cannot because of now being
Did you ever stop to think
what a great labor saver the
home paper is as a means of com
munication with absent friends?
"Write to me often," is the last'
command the one breaking away
from home ties so often gives to
those left behind. In the rush
and hurry of every day very f6w
people nowadays have time t6
devote to correspondence of the
leisurely kind the. people of,other,
days kept up -with such unvary
ing punctuality. And here is
I where the home paper saves a
I world of trouble. It is better1
I than a letter, too, for it contains
1 much that a letter would not
without legally existing ordin
ances. It may bo inferred further
from the opinion that wet cities
and towns may pass new ordin
ances on the subject in harmony
with the state law and thus en
force their own "regulation" of
the traffic; but nothing can be in
ferred from the opinion that dry
communities may do so and thus
enforce their prohibition. The
opinion says: "The question of
the power of the cities and'towns
of this state to prosecute offend
ers under the act, or to what ex
tent, if at all, such cities and
towns may pass ordinances pro
hibiting or regulating the traffic
in intoxicating liquors and
prosecute violators thereof is not
now before us and we express
no opinion with regard thereto."
Some lawyers contend that
Chapter 106 precludes dry towns
from passing ordinances on this
subject. In any event new or
dinances must bo in harmony
with Chapter 106, and.tftejpiyak
ties ana consequences prescribed
by Chapetr 106. In that chapter
there are penalties specified,
especialy for second convictions,
which are beyond the power of
any justice court to inflict, which
suggests another legal snag to
be encountered. Besides, wheth
er the search and seizure and
other provisions of the new law
.are notvholly beyond' tlie juris
diction of justice and city courts
is another seriously debated
question yo to 6e1pass&dj)n by
the court of last resort. All of
which shows that the status of
our liquor legislation is not yet
as satisfactory as we1 would Jike
to have it and leads the Record
to suggest that a state conven
tion of dry town officers charged
with-enacting ordniances, tp be
advised by the best legal ability
obtainable, and to get the ordin
ances on this vexed question un
iform throughout the state, and
to secure a' 'hearty, co-operation
on some feasibteplzm -to properly
enforce them would seem to be
desirable and might redound in
very much good right now.
i ., m m
Items of interest are in it that
the writer of a letter might not
know or overlook. It is wonder
ful how eagerly one devours a
jhomepaper when a stranger in
a strange land. Even the people
you do not know intimately while
at home, become of absorbing
interest to you when you' read
that they have died or married
or figured otherwise prominently
, in the home affairs. If "there is
some one in your family away
from home, try sending them
this paper regularlyand a letter
occasionally and see if they do
not appreciate the favor of the
paper.
"The Masci"
On April 26th the "Mascot"
will be presented in the Normal
Auditorium. Thin delightful
comic opera, though ve.ry differ
ent from the oratorio "Saul"
and "Esther," which were so
greatly appreciated, just "as
artistic and charming It has
taken an enormous amount of
time, energy, and patience on
the part of evcryonqFqohnectcd
with it; but we aro expecting a
performance that willfWell repay
all efforts. To say tHe -least, it
will be a dolightfull&veningV
entertainment. The orchestra
and chorus work is iffil under
way; and the mainjjffiaracters
are showing their taWt. Miss
Elora Urie makes1R$ perfect
Mascot; Miss PcarJSfjrie, as
"Fiametta, is an idoalffpr inccss ;
Mr. Dalley, as thjjfunlucky
Prince Lorenzo, andjKr. Gard
ner, as the unfortnuc! farmer
Rocco, cause a gnffSjfdeal of
merriment. Mr. Epfll; Corry
could not be equalledjfiw Prince
Frederic; and GordjmjSlatheson
makes an excel lentlyoSfc Pippo,
the shepherd. iM&lL
The scene of th'Sibpra is laid
in Piombino, IfcJ8jfid Pisa.
The stage repreiSotK! farm,
when the peasantifficelebrat
ing the vintage 'fStE. - Rocco
(Robert Gardner)Jigj"farmer,
instead of JoiningHl?fjpasure.s,
Un iin Hj"muiUIk Jjri' wgwTpiywxmn"
of his ill-luck. Pippo, his shep
herd, (Gordon Matheson) whom
he had sent to his brother for
aid, returns bringing onl a bas
ket of eggs, and a letter, to the
disgust of Rocco, with the in
formation that his brother has
sent -also his turkeyrkeeper,
Bettina (Elora Urie) who will
bring good fortune because she
is a Mascot or hearth-angel,
.whose presence makes a; home
happy and prosperous. Pippo
gives a glowing account of Bet
tina's charmsf but when she ar
?ie$, tflqcco greets her coldly.
Tliescene is interrupted by the
arrival of a hunting party con
sisting of JCrince Lorenzo (Par
ley Dalley), his dau filter Fia
metta (Pearl Urie), Prince Fred
eric (E. M. Corry j. ai.d mem
bers of the wcourt, who stop at
the farm for refreshment after
the chase. The Prince, who is
Unlucky like Rocco, learns by ac
cident that Bettina is the posses
sor of peculiar virtues, and de
termines to take her to his court
and make use of her gifts for his
own advantage; Rocco is alarmed
I but Princ'6 Ldrenzo pacifies him
with the promise "to makj h m
his Court Chamberlain. He
then makes Bettina Countess of
Panada, and.with- these added to
his party, turns gaily homeward,
leaving Pippo behind.
The Second Act changes to the
palace at Piombino wnere a
grand reception is to be given' in
honor of the marriage of Fia
metta to Frederic, the crown
prince of Pisa. Bettina is thought
to be the king's favorite while
she pines for her free peasant
i life and her lover, Pippo. Among
the wedding entertainments,
, there is to be a display by some
actors and dancers, the principle
'one of which turns out to be Pip
po. The lovers meet and plan
an escape which fails. Mean
while Fiametta has taken a fancy
to Pippo, acknowledges her pas
sion, and tells Pippo that Bettina
I
is about to marry her father,
Prince Loronzo. At the last
moment, Pippo and Bottina como
together, explain matters." and
escape by jumping through tho
window intd the river below.
In tho Third Act, tho scene
lies in tho largo hall of an Italian
inn, at Pisa. The soldiers aro
carousing in honor of their
victories, gained under the lead
of Frederic, over tho armids of
Lorenzo. Pippo appears as a
captain and friend of Frederic,
and Bettina as a young trooper.
They reveal their real names to
Frederic, and ask to bo allowed
to marry at once. During tho
preparations, Lorenzo, Fiamotta
and Rocco disguised as strolling
minstrels come to the inn. Aftor
making themsolves known and
explaining matters, Fiametta
goes back to her old lover,
Frederic, and the wedding of
Bettina and Pippo is colebrated
with general rejoicing.
Letter From
Carnegie Commission.
Tho city received a letter from
the Carnegie Libary Commis
sion relative to tho erection of a
library for Cedar,
The commission is entirely
willing to concede to tho council's
request and have written a long
letter offering some very valuable
suggestions which if followed
will give Cedar tho very latest in
JSyPIBBh dnt -MMt Thb
often city officials get out plans
for libraries that are far from
what they should be, the availa
ble space not being arranged for
the best benefits to the conduct
ing of a modern library.
The commission stated in the
letter that as soon as the plans
were secured for the library
building they should be forward
ed to them for inspection so that
further suggestions may be
offered or changes made, in
order that the greatest good
might be had for the least
money.
It was also stated that as soon
as the pians were accepted the
money would be forthcoming to
the extent of $10,000, which will
enable the city to erect a beauti
ful and convenient building
which will be a credit to the
city.
The city council and library
board are to be congratulated on
their efforts in securing tliid
necessary adjunct to the city,
'and should receive every en
couragement from the citizens.
" Citizens Meeting.
Tne citizens' meeting which
was held in the tabernacle Sun
day night was well attended and
as of interest to all who were
there.
Dr. A. N. Leonard told of his
visit to the meeting of the Medi
cal Association of the State
which was held in Salt Lake City
two weeks ago, stating that
many questions concerning the
health of the people were dis
cussed and many points brought
opl which, if lived up to would
"result in great good to every
community.
After the report given by the
doctor a discussion was had upon
the best method of making Cedar
more sanitary and inviting.
Everyone present realized that
although Cedar is as cleanly as
thoaverage town it can bo made
more so, and a statement was
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ALL DRUGGISTS. HsBfl
i BTaTaTHaTH
asked for by tho chairman, 'lH
Mayor D. C. Uric, as to what the ,;
people wanted in the way of an ( kkm
ordinance bearing upon this sub- I 9
jeet. A motion was-made that .' '"' ' 4 lll
"it be the sense of tho meeting JH
that the council be requested to '7
have drafted and passed an 'iH
ordinance compelling all who , H
own corrals to clean them at least fl
every two weeks." A vote was ,H
called on tho motion and it was Bl
carried. "AH
Tho question was also raised ' . . yiL ' -MH
the common privy vault and T wftsl
what to do to make it as sanitary H
as possible. The people present H
were told that a model and sani- H
tary privy vault could be made H
and that plans had been offered H
by tho medical association which H
if followed would do away with H
this nuisance to a great extent. - "Al
A motion was also made that ' H
it "be the sense of the meeting . jH
that the council proceed to draft H
and pass an ordinance to compel! H
all needing a vault to build to .."
conform to a hcL plan and that a ' --
scavenger be employed to see "''
that they were kept in a perfect-' '- i- '
ly sanitary condition constant- 1 -mu
)y." '' - . ';'JL) H
'There were many t points -mm r
brought out relative to 'the fight -' H
on flics, and Dr. Leonard gav9 a ' H
few recipes that if used will go j " H
a long way toward ridding the H
town of this pest. ' H
Primary Conven: H
tion Successful' H
The Primary convention which ' t H
was held last Sunday was sue- H
cessful in every respect. The H
people were out in large numbers JH
and seemed to enjoy the after- 'H
noon session. v The numbers H
given by the little folks were all H
1 pleasing and showed conclusive- , H
ly that the officers and teachers - 1l
have been working energetically t'Kfl
j with them. There was not one
hitch and the little folks enjoyed M
the services fully as well as did M
the older people. Vfl
The visiting members of the M
general board were well pleased M
with the showing made and con- M
gratulatcd the officers and teach- fl
ers upon their work. They also -
encouraged all to work zealously L
for the advancing of the Primary "m
organization. H
FOR SALE Baled Hay; mix- :
ture of "Red Top" and "Timo- U
thy." $15 per ton. Enquire of MH
5 David Gibson, Enoch, or Samuel JH
Beil, Cedar City, Ut.ih. Ap -o. R
