Sharp County record., 1880-09-02
AMEND
From the Western Emigrant.

V6TSltlOn Will AIJOIuC ~ 0liOl . l
Henderson upon the subject OF
the Fishback amendment. Con
cerning this matter, the General
discouTsed with such rare force
and sound logic that we solicited
his opinion in writing, and by,
his kindness have the honor OF
presenting to the public one Of t
5he finest legal eXpositiona OF
all the principles involved that
we have ever seen. Here it is;
LITTLE RocE, June q, 1880.
NJ. L. DAVIS;
DEAR 6rR;-In obedience to
your request | shall ende@Vor
as briefly as may be, to reduce
my views touching the amend
ment proposed to the constitu-
ton of our state.
Your enquiries may be tleat-
ed properly as presenting the
several questions for and against
the adgisability Of the article
referred to. I feel very certain
that the people are correctly ad-
vised as to the facts in the case,
and in order to a proper under
standing Of the whole, it Is need
fll that all the parts entering
into such whole be understood
in detail. With this purpose IN
view. I shalIendeayOr to present
the several classes of pretended
indebtedness upon the several
facts upon which they are re-
spoctiv5ly founded. The public 2
and newspaper discussions OF
this question have fully in
formed the public that three
classes, viz: Holford, railroad
aid and levee bonds are aimed
1T bv the amendment. 10 each
in turn I shall devote a brief
space. bonds 90 i
well known, have been declared
absolutely void by our supreme
court. for the reason that there
was no law in force at the time
tbe he vote was taken by which the
consent c[ Of the people could have
6aan expressed, For a full dis is
c1ssion Of this question see 81
AK Reports, page 7ol; The
nrefended vote in aid OF rail
4Roads. or TO loan the states cred
Il was consequently, and from
n, necessity, void. The amendment
assumes that these bonds ) were
issued iI,n by authority conferred re-
by an act, approved July 81,
T3 i3e8' when according to the
trntb t~y Of the matter, and as sol
emnIy oi adiudged by the highest
iribnnal Of the state, there was
no act of the kind in force. Ii
q hill introduced into the legiS,,
trro lacks any constitutional
element to its validity, although
enrolled as a valid law, IN the
Office of the secretary of state, 1t
is as though it had never been
nassed. The act in question ga
hot become a law until after the
vote had been taken. Hence,
the formal execution and dellV-
erv of the bonds Hereunder
created no legal obligation on
the part Of the state. No leglS-
jature could cure this defect.
The reasons are so obvious that
it requires no argument IN Its Its
snnnort. The amendment, SO
far as these bonds are con,
cerped, is a vain, foolish blow at
an already dead class OF illegal
and spurious obligations, with
the damaging and false assgmp-
ton that they were issued ny
authority of the state as ex-
pressed IN a Legislative act
Second.-The leVee bonds
stand in many respects upon the IL
same footing as that OF the
railroad aid, lacking, however,
the popular approval "; claimed
for the latter class. The supreme
coTlrt in tie case Of Of Silli Silai thee Us
Garth, held the act under when
these bonds we're issued had
never been legally and constltu-
tionally passed, The same ,e,o al, j.
gument, therefore, applicable to
. IL, ,ornpri tU