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I H B' - Wi" ''t BB I ft!g Coivnt llcjialiUfrtii; ag4i H .3 ' ' ' BB H t,aHT PAQM ' LOGAN, CACHE COUNTY, UTAH, SATURDAY-MARCH 1 1913 "" " fl H .? ? ;-, TENTH YEAR BB I LIQUOR CASES AfftAlEB TO DISTRICT COURT ARE MISSED H Under Ruling of Judge Harris of Ogden, City Has Not The B Authority to Prohibit the 'Keeping For Sale' of H Intoxicating Liquors. Forsbcrg HI Motion Denied. i' , , fl , Judge N. J. Harris ot Ogden has HH 1' handed down his decision in the Lo H b can City liquor cases which wero HI F handed htm on on appeal from the HI Juatlco court of this city. Six cases B went up on appeal and with tho ox Hi ceptlon of defendant Frank Fors Hi berg Jr" tne cases wero all dismiss II ed. Tho ground on which Judge Har- I rla reached his decision was that HI Logan City has not tho right under II her charter powers to prohibit the II "keeping for salo" of intoxicating II liquors. Ho contends, howovcr, that I tho city has tho right to prohibit the II salo of Intoxicating liquors and as II Forsbcrg was tho only defendant ex Hfl pressly charged with having commit B1V ted this offense, he alono was denied i Hfl,; the motion to dismiss. Extracts from H tho typewritten decision glvo clear IB ly tho position taKen by Judge Har- I HjV "It Is conceded that tho qauUllrd HH electors of Logan City havo voted, HJH 'against sale,' bo the only charter HB powers expressly conferred upon tho HI clty l,y tnnt Provision aro to 'prohlb- HI " tno mn,,ufacturlng, selling, giving HB away or disposition In any manner HB ot anjr Intoxicating liquors.' J "I do not think that It would bo . K seriously contended that tho terms 5 B 'selling,' 'giving away' or 'disposition' i Hj Include tho term 'keeping for salo,' H It is clear, therefore, that no express ' IB) authority Is glvon the city to prohlb- ' 'I It tho 'keeping for sale' of any bucIi .HI liquors, unless the same Is to bo IK found in some other provision of tho Ht statute HE "So the only remaining question to H5)b determined is this: Is the power BvC'to prohibit 'keeping for salo' neces- BT sarlly or fnlrly lmP"ed n or Incident Bt to tho powers expressly granted, to pHfl wlt: PronlultlnS tho salo or disposl- ' nH, tlon of such liquors? I havo been tin- BJ' ablo to And such a holding among 1 1? tho reported decisions. Tho city may Bf make tho soiling ot liquor a crime. I.' That power Is expressly conferred. V Can It bo Bald that they havo tho lm- B Pllcd Power, without any authority B bolng expressly granted therefor, to B mako an ontlroly dlfforent act, to wit: 'keeping for sale,' a crime also? B If tholr Powers can be thus extended B by implication, how far may they not H- ko? Could they not as well claim the B power to make it a crime to keep for K private use, or to use, in any man- I ner, any Intoxicating liquor within H tho city limits, assuming that such BY legislation would bo held constitu- w tional? It seems to me that such a im holding would violate all the rules 'Hj laid down by tho courts for the con- 'Bf struction of municipal charters. 'R A number of authorities are given H in a very careful roview of tho stat- BJ utes following which Judgo Harris ,'B concludes his decision thus: B "H appears from tho foregoing B that the first objection that tho com- ,fl plaint In each of tho respective cau- fl ses does not stuto facts sulllcleut to ,B constltuto a public offense Is well jB taken as to all the complaints charg- 'fl lag an unlawful keeping of Intoxlcat- fl ing liquors for salo. It appears, how- V ever, tbnt tho complaint charging an unlawful salo Is sufllclent on which I to hold tho defendant Forsberg, as ,1 it sufllclently charges a violation ot :l tho said ordlnanco ot Logan City ma- CLEOPATRA IN MOTION PICTURES Tho presentation of Cleopatra lu $5 motion picture at tho Oak thcatro on Thursday attornoon and evening was tho finest exhibition of the kind ever seen in this city. Three performances were given and at each the houso was filled to capacity. Tbo play ran at advanced prices but from no quarter was a complaint registered. Such exhibitions corao se cond to a witnessing of tho perfor mance by tho actors in llfo, and it la to be hoped that Manager Homo of tbo local thoatro compuny will frequently favor the public by secur ing similar high class productions. king the sale of Intoxicating liquors unlawful. "It follows that tho motions of the defendants Edwin Gardner and Chris Larson, Wand Hanks, John Doyle, Harriet Steadman and Georgo Tl.ler to dismiss said actions should bo granted and the actions dismissed accordingly; furthermore, that the motion of tho defendant Frank Fors bcrg Jr., to dismiss tho action against him Bhould bo denlod. "And it Is so ordered." SOLDIER BOYS DANCE MONDAY Tho Twentieth nnnual military ball, given by tho batalllon of the Utah Agricultural College, will tako placo at tho Thomas Smart Gymna Blum, next Monday, March 3. Most elaborato arrangements aro being mado for this function nnil Judging from tho popularity which tho affair has assumed in tho past it is safe to say that tho gymnasium nt that tlmo will bo taxed to Its capacity, in fact, tho domand for tickets already has been so great that it has been foiin'l necessary to make tho affair rather exclusive and only those liav liifr invitations will be admitted. Tho mlln.iry ball has como to bo looked upon us the Governor's ball at tht- Agricultural Collcgo and Gov ernor William Spry and his staff will como from Salt Lake in a spe cial car to attend tho samo. Other promlnont officials ot tho state will .also accompany ttto3oiaw;1iftcntr' ing members of the Utah National Guard. Commandant Dinford will bo tho active officer In charge, assisted by Major H. H, Hagan of tho Battal Hon. This will bo tho first tlmo tho ball has been hold on tho college grounds, as heretofore, tho affair has taken placo In tho big auditorium down town. With tho completion of tho Thomas Smart Gymnalsum, however, the students are now provided with a building In which their functions can ho held. A committee Is actively engaged In decorating the big gymnasium for tho coming event which promises to bo one of tho most successful yet given. BRICK HOUSE SENT BY MAIL Uncle Sam's Parcel Post Gets Its Heaviest Parcel Mr. Jacob Gessel of the Gcssel Press Brick company, sent by Par col Post' this morning a brick ot lo cal manufacture to bo used In build ing a brick houso at tho Coliseum Chicago during tho Clay Products Exposition which Is to bo held Feb ruary 20 to March 8. This brick will bo one of 25,000 sent by parcel post from every brick plant in the United States to bo used In tho construction of this houso, which will bo given away and ro-orectod after the expo sition. Tbo Idea was originated to test the merits ot tho-parcel post system and It is certainly a novel one. A record will bo kept of each brick from tho tlmo It Is mailed until It Is delivered in Chicago In order to see how speedily Uncle Sam can deliver a brick house ny mall. It Is probable that Undo Sam's mall carrlors in Chicago will not bo overly enthusiastic for this method of delivery of a brick houso. Other mall carriers throughout tho country will watch tho experiment with In terest and foar and trembling, Whilo tho brick fireproof homo Is becoming more and more popular because of its permanency, economy and super iority, it Is not probable that they will be delivered by mall to any alarming extent. At any rate Logan will have a brick in 'the first brick houso over sont by' mall. " - - - " - ' ' m Prominent -Figures" lit Controversy Between the Firemen and OffHds of Eastern Railroads. I i i-i.. BBBK7 'QCMMiMaM ,bWbWbWbV' "BlBpBr Photo of Judgo Knapii copyright by American I'russ Association. For days the commercial Interests of tlio country have boon lu Mispeu.c out Hit' Mril.e tlircals of the ::o,000 lire men employed on the fifty-four railroads east of Clilcmjo, W. S. Cnrti'r. lender nf the flri'mcii' uru.-uiiMtloii, and Judge Martin A. Knnpp of this United States commerce court are IiIk factors In the arbitration steps. The nboo group shows (1) Daniel Wllhml, president of the Baltimore ami Ohio railroad: (1!) !'. I. I'mlenvnod, president of the Krlo railroad; l.O) Judge Kmipin H) W. II Truesilale. president of the Delawaie, Lnckuwunni end Western ami (.") V. S. Carter. VERDICT GIVEN FORJLAINTIFF 8igners of Promissory Note Are Held In Sum of ttOOoTwith Interest And Attorney's Fees Tho case of H. H. Allen ot Covo against W. F. Garner, of Preston, O. D. Merrill, T. H. Merrill and Alma Merrill of Richmond, which has been pending in tho district court for tho past three years was concluded Thursday evening by u Jury bringing in a verdict for plain tiff In tbo sum of $2000 and Inter est at tho rato of 8 per cent since January 1, 1910, together with J200 attorney's fees. This enso has been beforo tho court on two former oc casions, onco it was put to trial be foro a Jury and aftor two or three days tlmo had gone on Introducing evidence, a continuance was taken. Tho caso is ono wnicu ulgncrs of a promissory noto wero endeavoring to bo released. Tho signing camo about through a deal for stock on tho Cacho Valley Milling company. Tho Jury was composed of the following persons: Anthon Anderson, chairman, Lo gan; William Botr, nichmond; J. H. Corbott, It. D. Thornley, and Chas. M. Collett, Smlthfleld; Morris Swln yard, Lowlston; John L. Prlco, Par adise; Ephralm Mlckolscn, Logan. It Is not at all uncommon now adays to see a dozen teams tied on Main street. Perhaps wo havo no Mo yards. DOCUMENT FILED WITH RECORDER Deed of Transfer From Tellurlde Company to Utah Power Com pany Filed on Thursday A very Important documont was filed on Thursday with County Ho- cordor Kate Preston by tho Utah Power and Light company It Is an Instrument of transfer of tho prop erty of tho Tollurido Power company by its trustees to tho now company. Th0 consideration Is stated asC, 4G0.000, the receipt of which Is ac knowledged by tho Instrument. Tho document bears tho filing stamp of tho recorder in tho following coun ties: Dannock, Bear Lake, Salt Lake, Utah, and Cache, and Is an Instru ment of nine typewritten Judges, and was dated Nov. 22, 1D12. TRANSIT COMPANY FILES MORTGAGE Electric Railway Concern Proposes To Issue $2,000,000 of Twenty Year, Six Per Cent Bonds Tho Logan Ilapld Transit company has filed with tho county recorder n mortgage or deed of trust given to Tho Ogden Savings Dank for tho purpose of securing the payment of $2000,000 bonds. Tho bonds to bo 4000 In a number, numbcrod consec utively from 1 to 4000 and being In denominations of $500 each, all pay ablo In 20 years from January 1, 1913, bearing Interest at six por cent payablo semi annually. Tho Instrument was given upon a resolution passed at a mooting of tho stockholders of tho company held in October to tho effect that as tho com pany is extending Its Bystom and contemplates furthor extensions will necessarily need a largo amount of monoy. For tho purpose, of securing tho payment ot tho bonds tho officers of tho company wero authorized to oxocuto tho mortgago, or deed of trust, conveying to Tho Ogden Sav ings Bank all tho proporty including rights of way and track, both pres ently owned or that may bo acquired In the future. Tho document Is sign ed by Ilobert Andorson, vlco presi dent and Jos. Qulnnoy Jr, secretary of the company, also Chas II. Barton cashier of The Ogden Savings Bank. PETITIONS GET MANYSIGNERS Tho potitions which havo boon placed on the counters of a number of tho business houses in tho city, nro meeting with a ready response In the way of signers. Tho Potltlon asks that n special election bo called for tho first Tuesday In Juno to deter mine th question of whother Logan shall continue to bo "dry" territory or whether it Bhall go wet and koop paco with tho other larger cities of the state, which dlspenso liquor un der strict regulation. A great num ber of cltlzoiiB sny It Is tlmo tho city should get somo revenue from this sourco lnstoad ot spending so much ot tho tax monoy In UBoless prosecutions. INJURED MAN ASKS DAMAGES i George H Bankheatf of Hyrum Has I Instituted $10,650 Suit Against Light and Power Company Georgo II. Bankhcad ot Hyrum is plaintiff to a $10,650 damago suit filed yesterday In tho county clork's olllco against tho Blacksmith Fork Light and Power company. Mr. Bankhcad was Injured on tho Gth day ot February through a tip over of a load of logs whllo coming down tho canyon. Ho contonds tho defendant company was negligent In not plac ing the canyon road in good condl whoro the company's pipe lino cross tlon following excavation ot tho road whoro tho company pipe, lino cross es samo. Tho suit Is tor $10,000 per sonal damages, $150 tor costs ot med ical treatment to date and $500 for future medical treatment. Mrs. G. W. Showoll has returned homo after an extended visit with relatives and frlenda In Wheeling, West Virginia. Sho also visited In New York. ff DISTINCT HONOR I FOR DrUTEWART I Has Been Chosen to Give Seriei of H Lectures Before Students' of H University of California B Dr. Hobcrt Stownrt of tho Utah H Agricultural Collogo Is tlio recipient B ot distinct honor In bolng chosen to BB deliver a series of throo lectures H beforo tho students ot tho University BB ot California. BB Arrangements were complotod yes- H terdny whon final word was rocolvod H from Dr. Thonina F. Hunt, director B ot tho ICv-porlnicnt Station or tho H Berkeley school. BB Tho lectures nro to bo given on H March 3, 4 and C. Dr. Stowart left H this morning for tho const and will H ho gone for several day's. Tho sub- H Jects to bo' treated lu tho order ot H tho dates above glvon will bo as fol- H BB "Intensity of Nltrollcatton In Arid B Soils;" "Organic Phosphorous in H Soils," and "Tlio IUIntiou of Agrl- H cultural lOducntlon to tho Food Sup- H ply of tho Future." Tho subject H llrst listed Is given In refutation of H statements published In an artlclco H from tho Colorado Agricultural Col- H lege, Indicating that tho movement ot H nltrnto In arid soils wns boyond tho H control ot tho agriculturist. BB WELLSVILLE DAIRY I MEN ORGANIZE I One ot tho most significant things BB In tho history of Wcllsvlllo's dairy- H lug Industry was tho organization H during the latter part of last wcok H of the WcllsvlUo Dairymen's Test- H Ing association. Tho organization BB was perfected on tho ovonlng ot H Washington's birthday and thirty H dairymen nave Joined together with H tho(purposo ot hiring a dairy export BB -UtKo from herd to herd to weigh H nnd test tho milk for butter fat. By H this process tho owners will learn H which cows nro profitable and which Bfl aro not. Testing is tho only nITec H tual mcniiB ot determination In re- H gnrdB to that and tho cost of tho Bfl same will bo pro rnta among tho own Bfl crs of tho cows entered. flH Mr. II. K. McCnrtnoy, Government Bfl Kxpcrt, working under tho Dairy DI- H vision of tho U. S. Department of H Agriculture, with his special flold H hero In tho Stato ot Utah, was largo- H ly responsible for tho organization. H Tho Dnlry Division of tho Depart- H mont of Agriculture Is endeavoring Bfl to placo experts In tho various fields HB where they can servo tho dairy men BJ to tho best advantage. Mr McCartnoy H has been laboring In Cacho county H almost exclusively during tho last H four months. HH Similar work to this that the Fed- H oral Government Is now doing has H moro than doublod tho avorago pro- HH ductlon por cow In Donmark where HH tho work was first started. It has H mot with greater profits whorovor HH started In America. Usually about H one-third of tho cows of tho assocl- HH atlon nro found to bo unprofitable H and are weeded out. Improvement HH comes by replacing thoso monoy HH losers with good cows or by raising HH hlcforB from tho better ones of tho HH B It has taken u lot nt hard work on HH tho part of tho authorities to get the H Continued on Pago Eight H SAD DEATH OF I YOUNG WOMAN I At 5:45 o'clock yestorday HH afternoon, death camo to Mrs. Lucy Bfl Turnor Jenkins, tho bride of eU HI months of Charles Jenkins of this Bfl city. Mrs. Jonklns has been ill for H over u month with oxophtalmls HH goltro and all day yesterday and tho HB day before the family had little HB hopes tor recovery. At times nor VB heart palpitation reached as hlgn WM as 200 por mlnuto. Tho death is 1 sad Bfl blow to tho Turnor family. It was Bfl but a fow short months ago whon Bfl they wore called upon to part with HH Fred Turnor Jr., and tbo doath of Bfl tbo young woman brings back the HJ incidents connected thereto. Mrs. HJ Jenkins was tho 24-year-old daughter HJ ot Fred and Sarah Cardon Turner. Bfl Funeral aorviccs will be held at Bfl one o'clock Monday, Bfl ,, , "B fflYflYflYI -"-" " " " " -- jflflflflflflfll