# Leigh v. Hall

In Leigh v. Hall, 232 Ark. 558 (1960), the Arkansas Supreme Court rejected several challenges to a union-sponsored direct initiative.
Supreme Court of Arkansas
232 Ark. 558
LEIGH AND THOMAS v. HALL, SECRETARY OF STATE
Original Action
No. 5-2273; 5-2274. --- Delivered: October 17, 1960.
* Court Documents
* Opinion of the Court
* Dissenting Opinion McFaddin
* STATUTES—INITIATIVE AND REFERENDUM—POPULAR NAME, SUFFICIENCY OF IN GENERAL.—Even though the popular name of an initiated measure need not be as explicit as the ballot title, it must not be used as a vehicle for unnecessary praise of the measure.
* STATUTES—INITIATIVE AND REFERENDUM—POPULAR NAME, PARTISAN COLORING.—Contention that use of word "Arkansas" lent partisan coloring to an initiated measure popularly titled "Arkansas Minimum Wage and Overtime Act", held without merit.
* STATUTES—INITIATIVE AND REFERENDUM—POPULAR NAME, USE OF MISLEADING WORDS.—Contention that use of word "overtime" as set out in an initiated measure popularly entitled "Arkansas Minimum Wage and Overtime Act", held without merit.
* STATUTES—INITIATIVE AND REFERENDUM—BALLOT TITLE, IN GENERAL.—While it is not required that a ballot title contain a synopsis of an initiated measure, it must, however, be (1) intelligible, (2) honest, and (3) impartial. ​
* STATUTES—INITIATIVE AND REFERENDUM—BALLOT TITLE, SUFFICIENCY OF.—Ballot title informed voters that a minimum wage and overtime law would be graduated over a period of three years from 80¢ up to $1.00 per hour minimum thereafter and overtime for all hours in excess of 48 per week the first year down to 40 for the third year and thereafter; that there were certain exemptions from the Act which would be administered and enforced by the State Labor Department. Held: The Ballot Title was sufficient.
* STATUTES—INITIATIVE AND REFERENDUM, FILING PETITIONS FOR IN PARTS.—All petitions for an initiated measure will be counted as one petition even though filed on different dates.
* STATUTES—INITIATIVE AND REFERENDUM, LIBERAL CONSTRUCTION OF CONSTITUTIONAL PROVISION FOR.—Amendment Seven, providing for initiative and referendum measures, will be liberally construed to effectuate its purpose.
* STATUTES—INITIATIVE AND REFERENDUM, TIME OF FILING OF PETITIONS FOR.—Petition for initiated measure filed in parts held filed on the date the last part was filed.
An original action; injunction denied.
Wright, Harrison, Lindsey & Upton, for plaintiff Leigh; Rose, Meek, House, Barron & Nash, for plaintiff Thomas.
Bruce Bennett, Attorney General, for defendant; McMath, Leatherman, Woods & Youngdahl, for intervenor.
[Opinion of the court by Justice J. SEABORN HOLT. Dissenting opinion by Justice ED. F. MCFADDIN, joined by Justice SAM ROBINSON. Justice GEORGE ROSE SMITH not participating.]
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