Pocahontas star herald. (Pocahontas, Randolph County, Ark.) 1907-current, 1910-08-26


people remembering their former
sad experience, were not willing t
remove the restriction which wa.
placed in the constitution of 1874
by those who had lived under tn,
regime of the carpet-baggers. II
the proposed amendment is adopted
any county, any municipality, may
issue bonds for any purpose, with
out restriction as to amount, rate of
interest, or maturity and saddle on
generations yet unborn indebted
ness for which no benefit is now re-
ceived.
The words in capital letters, the
in amendment, are what is common
~ known as the "joker"; how these
words came to be inserted, why the
Oregon law was not copied without
the Interpolation, no one knows;
it was done designedly, or for some
purpose, or it was a blunder. |
think it was both.
1t has been suggested that if the
'joker" renders the amendment
Objectionable, that the Supreme
Court will probably declare it inop-
erative, or that the amendment
may be amended by eliminating the
words. This will not do, for un-
der the terms of the amendment
any county can declare the decis-
ions of the Supreme Court impera-
tive in that county, or can declare
the offices vacant; as the constitu-
ton of the State is the supreme law
of the land, what it provides must
necessarily be constitutional, and
the Supreme Court, even if permit
ed by all the counties to continue
to do business and be recognized,
can not by construction hold
that the amendment does not mean
what it says, or that it is not effect
i've; if it violates some other pro-
vision of the constitution, OF. all
other provisions, it must stand, as it
is the last amendment, and repeals
by implication all provisions that
conflict with it. The suggestion
that the objection will be removed
by later amendment is fanciful and
1t is highly improbable that all the
counties would do this. 1t were
better, since we have managed to
exist and prosper as state with
out such a provision for so long,
that we try to worry along for yet
a little time longer until an amend
ment without the Objectionable fea-
lures, can be proposed and submit
ed.
The only way that has been sug-
gested, by which the proposed
amendment could be held inopera-
tive, is that since under the United
States constitution each state must
have republican form of govern
ment, that the Federal Courts
would hold the amendment viola.
tive of that provision. l think
there is force in the suggestion; and
believe that government such a
we might have under the provisions
would hardly deserve the name of a
government, let alone that of a repub.
lican government. With one county
freeing itself from the jurisdiction
of the supreme court; and another
vesting all urisdic o n
in Justices of the Peace; another
abolishing all courts; some counties
abolishing the writ of habeas cor
pus; another doing away with trial
by jury; each county having differ
ent laws OF no laws, different con-
situations or no constitution, Ark.
ansas would certainly have little
grounds for any pride in her form
of government, she would be the
! laughing stock of the civilized
world.
i In addition to the other object
ions urged the matter of expense OF
elections must be considered. II
the proposed amendment is adopted
there will be no end to special cleo
tons, to pass on all such questions
as 8 per cent of the voters may want