The Green Forest tribune., 1904-10-01
AMENDMENTS AREINVALID
Four are Unconstitutional Says
 Attorney General Murphy.

OUT are C Cnc0uStftiilE0udI says
 Attorney General Murphy.
 Great interest has been mani- fested throughout the state in the fate of amendment No. 9 to the constitution, giving cities of the first and second class the power to issue bonds, and this interest has been increased by the uneer- tainty as to whether majo rity of the total number of votes cast in the election is necessary for the adoption of the amendment. It is expected that the question will have to be decided by the courts before it is established whether or not the amendment has pass ed. The amendment secured a majority of 827 out of a total vote of 89, ,527 on that question. The total vote cast was about I60, 600, and if it is decided that every vote not cast for the amenement must be counted against it, the majority against the amendment would be about 69,646. Upon the decision in regard to thi3 amendment will also depend the fate of three other amendments which have been considered a part of the constitution, as no question has been raised in re- gard to their validity.
 Attorney General George ". Murphy has prepared an opinion i'll which he holds that an amend ment is defeated unless it receives a majority of the total vote east in the election. His opinion is as follows:
 That any amendment may oe- come a part of the constitution, 1t must receive B majority of all the votes cast at the election to which 1t is sQbmitted-not a mere ma- jority of those who vote upon the question of it's ratification. Sec ton 22, article 19, is very signifi.- cant in this respect. Note this part of it's language: And if a majority of the electors, voting at such election, adopt such amana- ment, the same shall become a part of the constitution If this means anything, it means that $ majority of the electors who vote must actively favor the amend- ment; in other words, that all the votes cast at such election, not cast in it's favor are counted against it. o
 It is expected that the general assembly, when 1t meets in Jan uary, will declare the amendment adopted, as has been done on previous amendments, and that the governor will so proclaim t as required by the constitution. On account of the property in- terest involved, it is likely that a test case will be made, and the matter submitted to the supreme court for decision. If that de- cision Is adverse to amendment No. 3, it will apply with equal force to three other amendments, Nos. 2, 3 and ', which have re- ceived a majority of the votes cast on the amendments them selves, but not of the total vote in the several elections. There are now seven amendments to the constitution in force, and four of these would not be affect ed by tho ruling.
 Amendment No. }, which pro- vides aresident of the state must have a poll tax receipt before he can vote, IS one of the amend ments which will be affected by & decision on Amendment No. 9. This amendment was voted upon in 1892, the vote standing 75, ,940 for and 56,601 against. The total vote on governor in that election was 154 ,876, leaving the amendment short l ,493 of ma jority of the total vote.