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The Logan Republican. (Logan, Utah) 1902-1924, March 01, 1913, Image 1

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B' - Wi" ''t BB
I ft!g Coivnt llcjialiUfrtii; ag4i
H .3 ' ' ' BB
H .? ? ;-, TENTH YEAR BB
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-
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-
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
"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."
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
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
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..
,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.
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
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.
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.
Electric Railway Concern Proposes
To Issue $2,000,000 of Twenty
Year, Six Per Cent
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.
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
i George H Bankheatf of Hyrum Has
I Instituted $10,650 Suit Against
Light and Power
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.
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
"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
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
It has taken u lot nt hard work on HH
tho part of tho authorities to get the H
Continued on Pago Eight H
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
-"-" " " " " -- jflflflflflflfll

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