Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-06-19
DRAFTED kO[D| AN'
Ex. senator Carney Tells About His
Connection With the Iowa
Mulct Law.
Gives welker Given the Credit for
Its Inception The First
Draft.
Carney's Original Bill the One
Adopted, With the Bar
Clause Added.

Adopted, With the Bar
Clause Added
The candidacy of W.. B. Martin for
secretary of state seems to have start
ed more or less discussion as to the
origin of the mulct law, frequently
called the Martin law. In the Inter-
view with Hon. j. n. Funk, recently
published, Senator Carney's name was
mentioned in connection with the law
in question. That gentleman called at
the T.-R. Office today and in the course
OF conversation talked interestingly
on the subject when asked concerning
his work in drafting the original bill.
THE origin of the mulct law," said
he, .'appears to be engaging some at
tention AIr. Welker Given, former
editor OF the Times-Republican, was, as
all the readers Of the paper we'll re-
member, in the summer and fall OF 1899,
and possibly before that, paying special
lEattention to the mulct idea, as con-
l#nected with the control of the trafhc
lin Intoxicating liquors. He had studied
the subject thoroughly and was COM
pletely welded to the idea that OH!
4 framed on lines somewhat similar to
4 the Ohio plan would solve the question
\ in Iowa. He talked with me frequently
/ on the subject and gradually became
Impressed with the idea that prior 70
/ the meeting Of the twenty-ttfth gen
/ eral assembly,. which was to convene
January 8. 1894, it would be Well 70
prepare such a bill. The use or purpose
Ito which it was TO be put was at ina
l time more problematical.
.I was at that time and had Deen
/ county attorney and engaged to some
I extent in the enforcement of the strict
1 Eprohibitory law then in force. l was
j Interested in the subject and became
4 more so in discussions with Mr.. Given.
A After repeated solicitation told Mr..
4 Given would do the best I could al
|drafting bill on the mulct plan. did
A so. and December 26, 1898, the bill, con-
4 sisting of sixteen sections, was pup-
sllished in the Times-Republican. nave
4 a copy of it now before me. / do not
4 wish in any manner to detract from the
4 credit or responsibility of any member
II OF the twenty-fifth general assembly
4 in regard to the passage OF the bill. q
II mere comparison, however, of the draft
4 of the bill published In the Times Re-
publican with chapter So. Acts Of the
Il Twenty-fifth General Assembly Will
u convnce the most skeptical that down
4 to section IL, being what is we'll known
4 as the bar section, containing the con-
A ditions upon which a saloon can oper-
4 ate, the act which was passed by the
Il Sla,,c1nt,,r vas n ot@ Simrly& the skeleton
I.of the act published in the 'Iimes-Re;
publican, but it was that bill, contain
ing very few changes. and where !;
u provision was dropped out It would be
inserted almost uniformly in some
other place. There was also q sllgh
81 change in numbering of the sections.
It was provided in the Dill that !
drew that the supervisors should flS
q the amount of tax. with minimum OF
$500 and maximum of $1,000. To@this
bill was added by the legislature sec
ton IL, containing the numerous cons
ditions under which saloon could b.
operated and other sections controlling
the manner of obtaining consent, etc.
+ which We're not provided for in my bill
at all. Section l6 OF the bill written by
me was as follows: Nothing in till.
az vi az Y " TAAet " oe ~ Gil w tAS VII
strued TO mean that the business of tbs
& sale&of Intoxicating liquors is in any
B way legalized. nor is this act TO be con:
!. sidered in any manner or form as ;
4 license, nor shall the assessment nol
payment Of any tax for Illegal sale Of
liquors as aforesaid protect the WRONG
doer from all penalties now provided b!
j Jaw. The meaning and intent of thi!
h actis that the taxes to be assessed ans
) paid shall be an additional penalty t
/ those now provided by law for the lille
gal sales OF Intoxicating liquors.
Section 40 in the law as passed b,
7 the legislature was the same as this
= down TO the words provided by law.
and those words We're in chapter s.
, followed BY the following except tina
( on conditions hereinafter provided
: certain penalties may be suspended.
{, Right at that point Is shown the plac
;. where the legislature added the ney
Z PROVISIONS which provided suspension
!. OF penalties, which mad not been N an.
: manner provided for in the bill as pu b
!, ltshed. For Whatever credit is due to tn
Z origin OF the mulct idea as set forth il
our law think q large part is due Nj
y ISNtelkerI Given. -