Webster City freeman. [volume] (Webster City, Hamilton County, Iowa) 1884-1946, 1915-07-06
IS PROHIBITORY
Law SUFFICIENT?
Point Raised at Fort Dodge That
Statute is Faulty-Likely
to be Contested.

Fort Dodge, July 3.-That the
"wet" forces of the state are seek
ing weak place in the law repeal
ing the mulct statute and that they
believe they have found one is evil
denced by the publication in the Ft.
Dodge Chronicle, democratic news
paper and the organ of the saloon
interest of this city, of 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 a dry state on
Jan. 1, 1916, according to the opin-
ion expressed by several leading Ft.
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 interview
ed admitted the possibility of it be-
Ing declared invalid.
1.-THE decision rests with the
state supreme court said one attor-
ney. ION Jan. l., next, / believe all
of the saloons will go out Of bust
ness. There is little doubt, howev-
er, that someone will contest the
law. This will then be carried 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 legisla-
ture, based their claims on the fail
nre Of the assembly to provide any
fund for the publications of the
laws, fact which in itself has re-
ce.ved much criticism from lawyers
throughout the state.
"The constitution of the state pro-
vides that: No law of the general
assembly, passed at regular ses-
sion, Of public nature, shall take
effect until the fourth day of July
next, after the passage thereof. II
the general assembly shall deem any
law of immediate Importance, they
may provide that the same shall
take effect by publication in news
,1o~oro IN tho fok
<ene question now which Is puz-
zling members of the Fort Dodge bar
is which provision of the constitu-
tion this prohibitory law comes un-
der. If no specific time was mem
toned. the law would go into effect
on July A. But certain time was
mentioned and because OF this par
ticular feature of the law. is 1t nee
essary for publication? II this is
true, then the law can not go into
effect because the legislature did
not publish the law or provide funds
for publication.
"I am inclined to believe the
whole thing is joker deliberately
planned to knock out the law said
one attorney. 1T may be that some
one secured the defeat Of the publ
cation appropriation just to defeat
this prohibitory law. would not
be surprised to see the law declared
invalid
"The constitution of the state Of
Iowa provides that the laws of the
legislature shall become effective in
two ways.
'eWhat are known as emergency
laws and intended to go into force at
.orie are validated and made of i'm
mediate effect upon publication. Few
general laws, however, have the
publication clause attached, and
these go into effect on the Fourth
! of July first following the term of
the general assembly which adopted
them.
I "The prohibitory law. which is
designed to go into effeN Jan. 1,
1916, falls under neither one or the
other of these provisions.
'It has not been published.
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