I " f
B Tlie Iron County Record
M The 1 eading Newspaper of Southern Utah.
H Established December, 18J)3.
B Independent . - , O ARgreeslue
M A. D. McCJuIre . , , Uclltor and Manager
B r.ntercd at tlTfc 1'ostoffice at Ceilnr City, Utatix ns Second Class Matter
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H line for each milmcqtiont Insertion.
H FRIDAY, JANUARY 24. JM.'J,
-The Courts and the Liquor Law.
H As a result ol' a decision rendered by Judge
H Loofbourow of the Third District court, at Salt
H Lake City a few days since, the officials having
H iii charge the prosecution of offenders against the
H recent uncertain liquor laws are at a loss as to
H how to proceed, and for the time being at least
H are "waiting for something to happen."
H By the decision as rendered by Judge Loof-
H bourow, justice courts are held to have no power
H to try the merits of any action brought against an
H ' individual for a violation of the state liquor laws
H as' amended by the session laws of 1911, but have
H only power to ascertain the probable guilt of the
H defendent and bind him over to await the action
H ' of theDistrict Court, where further proceedings
H should be had either by the filing of an informa-
H tion or an indictment by grand jury. This fea-
H " ture of the decision is based on the ground that
H the law makes a violation of its provisions a felony,
H punishable by imprisonment, and is no doubt
H - Sound law.
H ' ' ' Inasmuch as the' writer has been asked a
H number of times as to the effect of this decision
upon the convictions had in the city court of this
H ' city, we have given the matter a little hurried
H consideration and, without stating our views to be
absolutely ' correct, we believe the decision to
B have no effect on any convictions secured in the
B city justice court of this city or any other city
H . where such conviction was in violation of a city
B .ordinance, the penalty for which does not exceed
M .a'fine of $299, th state law giving cities the
i power to pass such additional laws or ordinances
m for local regulation of the traffic so long as it
m kcs not conflict with the state law.
HBiiiijk'.ci9ion "of tho -above court was- rendered,- was an
action brought under the state ,laws in one of the
HH justice courts of Salt Lake county, and was not
for a violation of any city ordinance. Hence, in
1 view of the provisions of the law, taken as a
M whole, at this time, we are inclined to think the
m decision, if sustained by the Supreme Court,
M would not effect violations of the ordinances of
m any city, provided they be limited, as above.
M stated, to a fine in any sum less than $299.
M If the decision of Judge Loofbourow is not
M reversed, there will follow dire confusion, for
m '"convicted violaters of the law will have a cause
M of action for the recovery of any fines paid and
H 'Ifor damages for illegal imprisonment, whero im-
H- - prisonment has been a penalty.
Of Interest to Utah Residents.
B Senator W. E. Borah of Idaho has addressed a
m communication to President-elect Woodrow Wil-
B son in which he compliments him for his views
H respecting the conservation of the resources of the
M nation, particularly those which pertain to the
M mountain states.
m - The senator goes Into details as to his views
M respecting this mooted question, and as the sub-
. ject is one of great interest and concern to the
m residents of Utah, we take pleasure in printing the
B 'principal portion of it for the benefit of our
H readers. The letter in part, follows:
B, "My Dear Governor: Permit me to congratu-
't late you most sincerely upon your remarks upon
H the subject of conservation at Chicago. The
B papers report you as saying, 'that a policy of j
Hr reservation is not one of conservation,' and
K further that 'the government at Washington has
B- been suspicious of everybody who approaches it;
B for water power rights and privileges of conssr-
Bf vation generally.' With remarkable insight and
B' with your usual felicity and precision of expression, !
B you have exposed the weakness of our present
fl . conservation policy.
B "The people of the west, as a people, are not
B ' opposed to the theory of conservation, and they
B are not opposed to any intelligent, practical appli-
H cation of the principles of conservation. They
B nave a een de8Ue to see tn0 great naturai re"
H sources of that country conserved and protected
B from waste and monopoly. But they do not be-
B lieve that in order to withold these resources from
H monopoly it is also necessary to withold them
'1,1 . W "W.
from the people. Thy are not willing to accept
the proposition that we have become impractical
and fatuous in our adminisrtation of government
that the only way to protect a thing is to lock it
up. They believe neither in the monopoly of
individuals nor the monopoly of the government. -
"They are opposed i to the suspicious, conten
tious, procrastinating method of applying con
servation principles which is resulting in driving
tie homesteader from the desert and forcing him
into bankruptcy and poverty. They look upon as
narrow, skort-3ighted and brutal the indiscrin
inate suspicion placed, upon every settler who
comes in touch with the public lands. They havte
so far been unabje to see either the beauty or the
benefit of tying up two hundred million acres of
timber lands, and then selling the timber under
such terms and conditions that when it reaches
the people the price paidls the same as the price
paid to the trust from whom we are withofding -so
they say. If the people do not get the benefit
of this policy, consarvation will not long survive.
"The people of the west do not object to the
timber lands being kept in the reserves. But
they believe it unjust and unfair and ill-advised to
include in the reserves thousands and thousands
of acres of splendid agricultural land upon which
God of nature has never been able in all these
years to grow timber. They think that upon these
lands homes should be built and that it does not
require a regiment of spies to watch the settler
while he does it.
"We thank you for this word of enlightened
and practical statesmanship. If it is carried out
vou will not only find in your support the people
of the west, but you will have greatly advanced
the cause of real conservation itself. It will in
evitably break down unlets the present theoretical
and suspicious and impractical policy has an end.
The people of the west will welcome and gladly
support you in a policy which protects our natural
resources from waste, and monopoly. But thty
will expect at your hands at the same timeJitf
opportumty. for the west to develop along legiti
mati'honest lines andthey would like for you
to feel that all the honest men in the United
States are neither in the bureaus at Washington
nor east of the Mississippi.
"We have vast areas of desert land in the west
now being slowly reclaimed and yet to be re
claimed. When these lands are reclaimed they
mist valuable, productive lands. Unless the gov
ernment reclaims, them they will lie there indefi
"n flelfidle an a"oTWi'rfeft?: plfiV -AAm Ix-xtxiaim-ing
them is going to prove too expensive for these
men in need of homes the yery poor. There is
no blessing which the government could bestow
upon the homeless comparable to that of building,
at its own expense, the great canals necessary to
place the water within reach of these lands and
then throwing them open to homestead entry to
settlers who are willing to go there and spend the
time and energy and endure the hardships to
reclaim them. . '
"The expense of building these ditches should
be borne by the government itself. We are put
ting millions into warships which rot upon the sea
while the bienniel spasm of a Japanese war comes
and goes. We are putting millions into our
rivers and harbors and no return to the treasury
is expected except that which comes from
the general growth of commerce. We are putting
millions into a great canal with no specific re
turn to the treasury, and it begins to look as if it
were apparently for the benefit and advantage of
foreign nations. Why not put these lands, whiph
are now the property of the government, jn such
condition as to make them available for homes.
If this is done those can afford to take them who
have only their energy and time with which to
reclaim them. If this is not done they must in
evitably lie in idleness or drift into the hands of
those who have the means with which to
"If there is any one thifrg above all others
fot which we can afford to take money out of the
treasury it is for making the lands which belong
i to the government haoitablo and fit for home
I building, for the purpose of keeping the supply
! of agricultural products to the highest possible
point. This will benefit not only those individ
ually who should be benefitted but it will also
benefit the people generally. Let the govern
ment build the canals for agriculture as well as
for commerce. This is real conservation. It is
ministering to the wa"nts and necessities of our
people. It is taking something that is worthless
and making it of use and benefit.
"I beg your pardon for this extended letter.
I am not of your party, but I am of your, announ
ced faith in this matter and I shall be anxious to
' support you Tn such policy."
Another improvement: we now have the noise
less Bull Moose.
Notice To Water Users.
State Engineer's Office,
Salt Lake City, "Utah, Decem
ber 11, 1912.
Notice is hereby given that
John G. Pace,, whose post office
address is Cedar City, Utah, has
made application in accurdance
with the requirements of the
Compiled Laws of Utah, 1907, as
amended by the Session Laws of
.Utah, 1909 and 1911, to appropri
ate eight (8) cubic feet of water
per second from Walter Murie
Creek, Iron County, Utah. Said
water will be diverted at a point
which bears north 89 degress 22
minutes east 2,816 feet distant
of the west quarter corner of
Section 24, Township 37 south,
Range 12 west, Salt Lake base
and meridian, from where it will
be conveyed by means of a canal
for a distance of 10,7G0 feet and
there used from January 1 to
Decembar'81, inclusive, of each
year,' to irrigate 600 acres of
land embraced in Sections 11 and
14, Township 37 south, Range 12
west, Salt Lake base and mer
idian. This application is desig
nated in the State Engineer's of
fice as No. 4868.
All protests against the grant
ing of said application, stating
reasons therefor, must be made
by affidavit in duplicate and filed
in this office within thirty (30)
days after the completion of the
pnblication,of this notice.
Date of first publication Dec.
20, 1Q12, date of completion of
publication Jan, 20, 1913.
When you want a reliable
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take Chamberlam's Cough Rem
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t. .- mb
M. H, DALLEY & SONS CO.
i Sunejsis, Land Altawji, Licensed Abstract- : H
: tfi, U, S, Mineral Sifnepr, Kolaries'PuMic. ' H
All .Real Bitate and Land Buslnes. H
jis Otilcn ol City Surveyor, Clsrk ol School ;; M
)' Hoard, Sec'y.Trea ExceUlor Publlik- ;':' H
: Inj Co., County Surveyor after Jn. 6th ; H
',', Location: Sum: 1, Mishcantilk IIi.ock '';', M
li Address: T.O.Hox 100, CcdarCHy, Utah ; H
Agricultural and mincfal surveys, ;: H
; Surveys for water Applications and ;i; H
;; Proofs, Entries and Final Proofs i:i H
' under Homestead and Desert ;:; Bj
Land acts, Water Applications I m -
:: and Proofs. ; Bj
;j; All business with State Land ;;
', Deeds, Mortgages, Powers of !s ,
:; Attorneys, Bonds, Leases, Con- ;!; ;
:;j; tracts and Agreements, Articles :;i
;i; of Incorporation and By-Laws. ;;;
Apstracts of Title Prepared ;;; j
j: and Titles examined and corrected '.
s Real Estate Listed, Bought and j;: i
A Sold. Certified Land Scripts, ;::
Bought, Sold and Located.
'i Applications for Loans from ;!
; Stale and Loans Procured from :' 1
i Loan Associations, Surety on Bond I'.' u
; with American Surety Company !j: E
:;; of New York. - K
Maps, Tracings and blue prints ;;; K
;; prepared, Residences and places ' V
:;: of business Lisled for rent. : fi
Stock in Mercantile banking ;i; I)
;::; and printing corporatiorw, Con- ') li
tracts for plowing and clearing and ;:; '
i; Supervising work under Enlarged 'M I
i: Homestead Act. Small Farow, l fj
;; Large Farmes, Resident Lots, :: m
il Business Sites, Homes and Buti- ;;; , lf
:lt not Blocks. k
It pays to buy Homes m li" "
" Cedar City the Educational and ;; -.1
5 Business Center of tlie "South. M' f t
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: Iron County -where land is rich j;" Vlv
;!; and water is in abundance. !;!: 1&
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You will find that druggists i
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