Logan City v. Buck
Utah Supreme Court
Appeal from the first district court. The opinion states the facts. Power to prohibit the liquor traffic, being within the category of '‘rightful subjects of legislation,” was conferred upon the territorial legislature by the organic act. The legislature has clearly conferred the power to prohibit the sale of liquors upon Logan City: Comp.
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Appeal from the first district court. The opinion states the facts. Power to prohibit the liquor traffic, being within the category of '‘rightful subjects of legislation,” was conferred upon the territorial legislature by the organic act. The legislature has clearly conferred the power to prohibit the sale of liquors upon Logan City: Comp. L. 716, 717. Section 31 of the charter gives authority “ to license, regulate, prohibit, or restrain,” etc., the powers to be exercised in the alternative, not conjointly, at the same time. On the other hand, section 33 contemplates that the council may…
1Opinion of the Court
Twiss, J.:
The proceedings in this case were instituted before a justice of the peace, upon affidavit duly filed, charging that the defendant, on the “ twenty-first day of July, 1882, within the corporate limits of Logan City, unlawfully did sell and dispose of intoxicating liquor to the affiant, to wit, two drinks of whisky, for the sum or price of twenty-five cents, contrary to the provisions of an ordinance of said city prohibiting the manufacture and disposal of liquors, passed January 18, 1879.” There was judgment against the defendant, who appealed to the district court, where the…
2Cases cited5 opinions
- Thomson v. Lee CountySupreme Court of the United States · 1866
- Minturn v. LarueSupreme Court of the United States · 1860
- Booth v. Town of WoodburySupreme Court of Connecticut · 1864
- Merriam v. Moody's ExecutorsSupreme Court of Iowa · 1868
- Cook County v. McCreaIllinois Supreme Court · 1879
3Cited by4 opinions
- Nance v. Mayflower Tavern, Inc.Utah Supreme Court · 1944
- Town of Cascade v. County of CascadeMontana Supreme Court · 1926
- Zamata v. BrowningUtah Supreme Court · 1918
- State v. CochranOregon Supreme Court · 1909