The log cabin Democrat., 1912-04-16
SUPREME COURT
 D|SQUAL|F|ES SELF
ENACTING CLAUSE IN ACT
IS ATTACKED, AND QUESTION
 MAY INVOLVE OTHER I'M PORTANT ACTS.

Little Rock, April 16.-For the first time in the history of the Arkansas | judiciary, the entire supreme court has been disqualified to sit in case which indirectly involves the question of the validity of the general appro- priation bill under winch all depart ments of the state are being run. It is only one of the many complica- tions that have arisen under the ini- tiative and referendum amendment to the constitution, and the difficulty of lawmakers to get the emergency clause and the enacting clause clearly defined and excressed. The emergen- cy clause has already been passed up- on, so has the doubling enactng clause, but now comes the question of the single enacting clause
 There is a possibility that the de- cision in the case of Keel vs. Terrell. from Jackson county may make it im- possible for any employe or official of the state not provided for by specific act, to draw one cent of pay until the legislature meets next January and remedies the defect, unless a special session be called. The state is already on a scrip basis, being unable to meet any of it's obligations, and S250,00 in arrears on running expenses, and should the special supreme court de- eide that the general appropriation bill was not legally passed, it will on- ly complicate matters and make ser vice for the state more like working for bankrupt concern.
 It was generally decided by the last legislature, and this has been upheld by the supreme court, that with the direct legislation amendment in force, each act shall contain the doubling enacting clause: Be it en- acted by the people of Arkansas and Be it enacted by the general assem- ly of the state of Arkansas" The case of Keel vs. Terrell assails the validity of levee improvement dis trict act for Jackson county on the ground that only the general assembly clause was used. Now the supreme court has discovered that only the people clause is used in the general appropriation act The members of the court are indirectly interested be- cause their salaries depends upon the general act. Fortunately, when Gov ernor Donaghey approved the act, June 1, 1911, he vetoed the item For the salaries of special judges and chancellors," otherwise special judges themselves would not have been quail fled to sit in the case. The question, therefore, becomes, are "the people" the general assem- bly," and vice versa. Should the spe- cial supreme court decide that the general assembly is not 'the people, . then every act bearing only the enact ing clause, Be it enacted by the peo- pie of the state of Arkansas" is in validated. This would include the fol- lowing general acts of the last legsla- ture:
 General appropriations act.
 Act creating Capital Art Commis- sion.
 Amending general drainage act.
 Providing for the consolidation of cities.
 Employers liability act.
 Providing for consolidation of ad- jacent school districts.
 Confederate pension appropriation, half of which is paid.
 Prescribing duties of the attorney general.
 Providing manner of holding school elections.
 Providing for collection of delin- quent insurance taxes.
 Legalizing double primaries.
 Act defining railroad baggage
 Prohibiting rate amalgamation.
 Blacksmiths' lien act.
 Creating office of state insurance commissioner.