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The Logan Republican. (Logan, Utah) 1902-1924, January 18, 1913, Image 1

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Charter Powers of Cities Indefinite And Un-
certain Under Present Law.
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)
rt- J. C. Dowdle Burled at Wlllard.
1 Funeral Here. Biography of aa
no Eve'ntful Life. , . "'
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
City Justice and Building Inspector
Make Reports to City
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,
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.
Judging of Grain and Potatoes Will
Be Feature of Round-up. Girls
Flower Clubs Or. 1
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)
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.
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.
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
All M, I. A, officers are roquc-rttcf!
to bo present.
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)
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
That only tho district court has :H
original Jurisdiction of passing Judg-
ment and Imposition of penalty In H
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
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

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