Salt Lake City v. Kusse

In Salt Lake City v. Kusse, 97 Utah 113, 93 P.2d 671 (Utah 1938), the defendant challenged an ordinance that criminalized drunk driving on city streets as unconstitutionally conflicting with a state statute that prohibited drunk driving on state highways. Id. at 671-72. The Court upheld the ordinance, observing that it merely went further "in its prohibition--but not counter to the prohibition under the statute." Id. at 673. Importantly, the Court noted that the ordinance did not "forbid what the Legislature had expressly licensed, authorized, or required," suggesting a refusal to infer legislative license. Id. .