Omaha daily bee., 1894-03-23
DECIDED TO HAVE "MULCT"
Iowa Prohibitionists Tack a Formidable
Addition to the Existing Liquor Law.
HOW PLANK i3 is FINALLY INTERPRETED
Failure of the Old Theory of state Wide
Prohibition Acknowledged by the Amend
ment which is to Govern "Other
Localitlos"-Thc Vote.

/
probation finally given to the dis.
puted thirteenth plank of the late
republican platform. "Other localities
may now have saloons, but, as
Chairman Funk expressed 1t in his
speech in the house last week, the saloon
keeper will be surrounded by IA web from
which 1t is impossible for him to escape "
All the drastic features of the bill which
was prepared by the house committee on
suppression of intemperance, of which Rep
resentative j. II. Funk of Hardin county
is chairman, and which was introduced as
the Martin bill are retained The Go per
cent clause is still there in section is and
this is in itself enough to make the bill a
more effective prohibtory measure than the
| one 1t is intended to supplement.
Ihe Dill VIII become a law tomorrow by
the signature OF Governor Jackson and will
go INTO effect within week. by publica-
| ton. 1t was passed by the house yester-
day by bare majority, and was taken up
IN the senate today and without debate or
amendment was passed within an hour after
Delng read, under the operation of the
| previous question. The bill received eX-
actly twenty-siX votes just the necessary
number required for its passage, and all of
| them came from the republican side of the
house. The passage of the measure was
| greeted with cheers and shouts of approval
b,
the republicans not caring to transact fur
ther business. An immense audience was
present, both on the floor and in the gal
leries.
PLEASES NEITHER FACTION
The bill does not really please either fac
ton, but contains some unreasonable and
| drastic restrictions, placed there to placate
the prohibitionists, who insisted upon calling
the license fee tax and making the
| path of the saloon keeper as thorny as posi-
| Bile. The of 40 hill IN,
pledge to resubmit the question of
constitutional prohibition to a vote of
the people at the very earliest
opportunity, concession which di-
| vided the prohibitionist element in the SEN
ate almost in the middle aad drew Just
| enough support to the bill to save it from
| defeat.
Chairman James f. Blythe of the state
central committee had almost as much
| trouble in inducing the local optionists to
accept the bill as in p1acating the prohibit
| tionists. He pointed out to Senators Brewer
| Ellis, Upton and Waterman the utter hope
| lessness of securing enough republican votes
| in the house TO pass a local option bill, even
| with the solid support of the democrats, and
( rather than get nothing they surrendered.
| The bill was only saved even then
| by scratch, as Senators Cheshire
and Turner were only won over at
| the last moment. The senator from
/ Polk yielded to the action of the city con-
| vention yesterday. which almost unanimously
| favored some form of modification and re-
quested him to help. The senator from Mar
shall was doubtful to the very moment the
| roll call was commenced, but just before his
/ name was reached telegram from his
| county asking him to support the bill and
| signed by very large number of leading
| publcans, was placed in his hands and he
| answered aye
| HOW THEY VOTED.
The vote by which The bill passed was:
Ayes-Boardman Brewer, Carpenter,
! Cheshire, Conaway, Craig, ELS Funk Garst,
| Harmon, Harsh, Henderson, Jamison, Kill
| burn, Lehfeldt, Lewis, Palmer, Penrose, Rea.
| Reynolds, Riggen Rowen, Turner, Upton,
] Vale Waterman-26.
Nays-Andrews, Baldwin. Bishop, Chantry,
Dent, Downey, Eaton Everall. Finn, Gorrell,
| Green, Groneweg, Harper, Hipwell Hurst,
| Jewett, Kelly, Mattoon, Oleson, Perrin,
| Perry, Phelps, Terry, Yeomans-24.
The eight prohibition republicans who
voted with the democrats in the negative
were: Andrews, Chantry, Eaton, Finn, Cor
rell, Jewett Perrin and Phelps.
In order to insure The passage of the bill
and save II from being defeated by the COM
bined assaults of the democrats and pro-
h.bitionists, the friends of the measure in
secret caucus decided to allow amend
ments or debate except to give the democrats
an opportunity to substitute their local option
bill and when this motion was made the
previous question cut off all debate in spite
of the vigorous protests of Kelly and Finn,
who declared IT an unheard OF proceeding
on so important measure.
WHAT THE BILL PROVIDES.
Just how far prohibition has been aban-
doned and a policy of license has been
adopted may be determined from the follow
ing, which are the six principal sections of
the bill
Section /. There shall be assessed against
every person, partnership or corporation,
other than registered pharmacists holding
permits, engaged in selling or keeping with
ttatA mt it1o lt1tin
upon any real property, and the owner
thereof. within or whereon intoxicating
in this state, tax of 5000 per annum. All
such taxes shall be Il perpetual lien upon
all property both personal and real used
Sec. l5 1t shall be the duty of the county
attorney of each county to see that the
provisions of this act are enforced, and it
shall be the duty of the district court
any such county attorney who shall viii
fully refuse or neglect 10 perform any of
the duties eR5sined upon him by this act;
such suspension or removal may be made
upon application of any citizen residing
in the county, but no such suspension or
removal shall take place except upon due
court, and the provisions of this section
shall apply to assessors county treasurers
and members of boards of supervisors,
whose duty 1t Is to enforce any of the pro-
visions of this act.
See. i6, Nothing in this act contained
shall be IN any way construed to mean
that the business of the sale of Intoxicating
liquors is in any way legaliZed, nor is the
same to be construed in any manner or
form as license, nor shall the assessment
payment, or any tax for the sale of
liquors aforesaid protect the wrongdoer
from any penalty now provided by law, eX-
cept that on conditions hereinafter pro-
vided certain penalties may he suspended.
HOW A SALOON MAY BE RUN.
Sec H. In any city of 5000 or more I'm
habltants the tax hereinbefore specified
nav be paid quarterly in advance on the
first uays of January, April July and Oc-
tober of each year. and such payment shall,
upon the following conditions, be a bar to
proceedings under the statute prohibiting
such business.
First-The person appearing to pay the
tax shall file with the county auditor a
certified copy of resolution regularly
adopted by the city council consenting TO
such sales and written statement of con-
sent from all the resident freeholders own
ing property within nifty feet of the prem
ises where said business Is carried on,
But In no case shall said business be CON
Quoted within 300 feet of any church or
school house, or dwelling.
Second-He shall file with the county
auditor, TO be approved by the clerk of the
district court a bond i'm the sum OF $1,000
conditioned upon the faithful observance
of all the provisions of this act and for
the payment of any and all damages that
may result from the sale of intoxicating
liquors upon the premises occupied by the
oblgor. Said bond shall be signed by him
self as principal and by two sureties who |
shall qualify each in double the amount of