Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-02
EVIDENCE SEEN THAT ANTI
SALOON INTERESTS ARE
SEEKING OUT FLAWS.
CLAIM DEFECT IN REPEAL
OF MULcT PROVISION
Claim Made That Law 10 Invalid Be-
cause Of Failure to Provide Publica.
ton ciauss-Laws With PubIiea.
ton Provision Automatically GO Into
Effect July 4 Succeeding Passage.
Special to Times-Republican.

Special to Times-Republican.
Fort Dodge. July 2.-That the wet"
forces of the state are seeking weak
place in the law repeating the mulct
statute and that they believe they have
found one is evidenced by the publica-
tic in the Fort Dodge Chronicle, a
democratic newspaper and the organ
of the saloon interest of this city. of a
statement that the repeal law is invalid
The Chronicle quotes local lawyers to
the effect that the law contains vital
defect. The Chronicle says:
Iowa may not be dry state on Jan.
l. 1916, according to the opinion ex-
pressed by several leading Fort Dodge
attorneys.
1T all depends whether the recent
prohibitory law passed by the last
general assembly complies with the
provisions of the state constitution.
Several attorneys think that it does
not, while practically all interviewed
admitted the possibility of it being
declared invalid.
1.-The decision rests with the state
supreme court said one attorney. On
Jan. l, next, believe all of the saloons
will go out of business. There is little
doubt. however, that someone will con-
test the law. This will then be carried
up to the supreme court for decision.
The opinion of the court will determine
whether Iowa is to be dry or not
THE Fort Dodge lawyers who ex-
pressed doubt as to the validity of the
enactment of the state legislature,
based their claims ON the failure Of the
assembly to provide any fund for the
publications of the laws, a fact which
in itself has received much criticism
from lawyers thruout the state.
1.-THE constitution of the state pro-
vides that: No law of the general
assembly passed at a regular session,
of public nature, shall take effect I'M
til the fourth day of July next. after
the passage thereof. If the general
assembly shall deem any law of i'm
mediate importance. they may provide
that the same shall take effect by publi-
cation in newspapers in the state
1.-The question now which is puzzling
members of the Fort Dodge bar is.
which provision of the constitution this
prohibitory law comes under. II no
specific time was mentioned. the law
would go into effect on July 4. But
certain time was mentioned and be-
cause Of this particular feature of the
law. is it necessary for publication? If
this is true, then the law can not go
into effect because the legislature did
not publish the law or provide funds
for publication.
81 am inclined to believe the whole
thing Is joker deliberately planned to
knock out the law said one attorney.
1t may be that someone secured the
defeat Of the publication appropriation
just 20 defeat this prohibitory law.
would not be surprised to see the law
declared invalid
1.-The constitution of the state of Iowa
provides that the laws of the legis-
lature shall become effective in two
ways.
What are known as emergency laws
and intended to go into force at once
are validated and made of immediate
effect upon publication. Few general
laws, however, have the publication
clause attached, and these go into
effect on the Fourth of July first fol-
loving the term of the general assem-
bly, which adopted them.
1.-The prohibitory law. which is de-
signed to go into effect jan 1. 1916, falls
under neither one or the other Of these
provisions.
1T has not been published.
1T does not go into effect July T."