This page has been proofread, but needs to be validated.
Chap. V.
JUDGE PHELPS.—MORALS.—ARDENT SPIRITS.
253

The penalty attached to betting of any kind is a fine not exceeding $300, or imprisonment not exceeding six months. The importation of spirituous liquors is already burdened with an octroi of half its price, raising cognac and whisky to $12 and $8 per gallon. If the state could make her own laws, she would banish "poteen," hunt down the stills, and impose a prohibitory duty upon every thing stronger than Lager-bier.[1]

On the saddest day of the year for the bird which has lost so much good fame by condescending to appear at table aux choux, I proceeded with my fidus Achates—save the self-comparison to pious Æneas—on a visit to Mr. W.W., alias Judge Phelps, alias "the Devil." He received me with great civility, and entered without reserve upon his hobbies. His house, which lies west of Temple Block, bears on the weathercock הכבז‎ (Job, xxxviii., 35, "Adsumus:" "Here we are"). Besides Hebrew and other linguistic studies, the judge is a meteorologist, and has been engaged for some years in observations upon the climate of the Territory. An old editor at Independence, he now superintends the Utah Almanac, and gave me a copy for the year 1860, "being the 31st year of the Church of Jesus Christ of Latter-Day Saints." It is a small duodecimo, creditably printed by Mr. J. M'Knight, Utah, and contains thirty-two pages. The contents are the usual tables

    by fine not exceeding one thousand dollars, or by both fine and imprisonment, at the discretion of the court.
    Sec. 37. If any person torture or cruelly beat any horse, ox, or other beast, whether belonging to himself or another, he shall be punished by fine not more than one hundred dollars.
    Sec. 38. If any person import, print, publish, sell, or distribute any book, pamphlet, ballad, or any printed paper containing obscene language, or obscene prints, pictures, or descriptions manifestly tending to corrupt the morals of youth, or introduce into any family, school, or place of education, or buy, procure, receive, or have in his possession any such book, pamphlet, ballad, printed paper, picture, or description, either for the purpose of loan, sale, exhibition, or circulation, or with intent to introduce the same into any family, school, or place of education, he shall be punished by fine not exceeding four hundred dollars.
    Sec. 39. If any person keep a house, shop, or place resorted to for the purpose of gambling, or permit or suffer any person in any house, shop, or other place under his control or care to play at cards, dice, faro, roulette, or other game for money or other things, such offender shall be fined not more than eight hundred dollars, or imprisonment not exceeding one year, or both, at the discretion of the court. In a prosecution under this section, any person who has the charge of, or attends to any such house, shop, or place, may be deemed the keeper thereof.

  1. I quote as an authority,

    An Ordinance regulating the Manufacturing and Vending of Ardent Spirits.

    Sec. 1. Be it ordained by the General Assembly of the State of Deserét, That it shall not be lawful for any person or persons in this state to establish any distillery or distilleries for the manufacture of ardent spirits except as hereafter provided for; and any person or persons who shall violate this ordinance, on conviction thereof, shall forfeit all property thus invested to the state, and be liable to a fine at the discretion of the court having jurisdiction.

    Sec. 2. Be it farther ordained, That when the governor shall deem it expedient to have ardent spirits manufactured within this state, he may grant a license to some person or persons to make and vend the same, and impose such restrictions thereon as he may deem requisite.

    Approved Feb. 12, 1851.