The Mena weekly star., 1912-01-18
|. AND R. "JOKER'
 WILL BE TESTED.
Secretary Hodges Refuses to Ger tify Act to Permit Sale of Liq- u0r in Camdcn-Legal
 Battle Expected.

Little Rock, Jan. i4.-By refusing
 to certify out to the election com
 missioners of Ouachita county an act permitting the sale of liquor in
 the city of Camden, which it is proposed to submit to the voters of that city under the initiative and referendum amendment to the constitution, Secretary of State Earle Hodges yesterday precipitat- cd what is expected to be the first lest of that section of the amend ment which gives to the voters of municipalities and counties, as well as to the state, the power to initi- ate laws and order a referendum. It is probable that an application will be made in the Pulaski Circuit court within the next few days for a writ of mandamus to compel Secretary of State Hodges to cer- tify out the proposed act, and that the case will be carried to the Su- preme court in order to secure a Iruling upon this portion of the amendment, which was referred to as the joker by the opponents of the initiative and referendum amendment when the fight for it's adoption was being made. It is said that steps have been taken by the leaders of the anti-saloon eIe- mcnt at Camden to retain Little Rock attorneys to fight the ease, and that each side is prepared to take the matter to the Supreme court
 Basis for Refusal.
 Secretary Hodges bases his re- fusal to certify out the proposed
 law upon the section of the enab- ling act passed by the last legis- lature putting the initiative and referendum amendment into ef- feet, which provides that the act shall not be construed to allow the initiation of any measure to revoke local option laws or three-mile pe- tition orders made by the county courts preventing the sale of liq- uOr.
 The stand taken by those who are seeking to initiate the proposed law, it is said, is that the initiative and referendum amendment to the eonstituti7n as adopted in the gen. eral election of 1910. gives the peo- pie of municipalities unlimit- cd power to propose laws and amendments to the constitution, and that this power, conferred by the constitution, cannot be limited by act of the general assembly.
 The first section of Amendment No. 10, the initiative and referen- dunn amendment. contains the clause under whcih it is sought to initiate this laws. The section is as follows:
 "The legislative powers of this state shall be vested in a General Assembly. which shall consist of the Senate and the House of Rep resentatives, but the people of each lilulnClpdllly, tdtH tBuIitN Dl JHt states, reserve to themselves pow CT to propose laws and amend ments to the constitution, and to enact or reject the same at the polls as independent of the legis- lative assembly, and also reserve power at their own option to ap- prove CT reject at the polls any act of the legislative assembly,"
 Secretary of State Hodges con- ferred with Attorney General Nor wood, who advised him that he did not believe that under the enabling act as passed by the legislature. the petitions, seeking to set aside the present local option laws. should be accented, regardless of the provisions of the initiative and referendum amendment, which, it is held, permit the initiation of any law or ordinance by the voters of a community or county.