The log cabin Democrat., 1912-08-01
NO END 10 l. &
 R. COMPLICATIONS ENACTiNG CLAUSE VOID SUPREME COURT HOLDS THAT AMENDMENT WOULD HAVE
 BEEN EFFECTIVE.
BY CLIO H.ARPER.

Little Rock, July 30.-Of compl.ca- tions under the l. and R. amendment and the enabling act there appears to be no end. The supreme court spe- cially constituted to try the Jackson county case involving the validity of an act bearing the eractirg cause, "Be it Enacted by the General As sembly of the State of Arkansas" " will be confronted by question al most as momentous as that which confronted the regular court in con- sdering the joker" Section II of the enabling act says:
 "The style of all bills, whether en- acted by the legislative assembly or proposed by the people, shall be, Be it Enacted by the People of the State of Arkansas
 That would appear to be conclusive if the enabling act itself were not un- der suspicion. The supreme court has held that amendment No. 10 would have been effective without it; that the doubling enacting clause is admissible; and that the efforts of the enabling act to vitalize the joker, "inaptly thrust into the original draft of the amendment" were futile. It is opined by many that the su- preme court will be compelled to adopt some similar common-sence course with reference to the enabling act provision regarding the enacting clause.
 Otherwise, a considerable body of statutes, general and special, passed by the legislature of 1911, may be in- validated. Many of the acts, bearing the double -barreled clause, are safe. The others are about equally divided between the people" and the gen eral assembly" clauses. The Jackson county circuit court has decided that an act with the general assembly" clause is unconstitutional, and Judge Hutton decided at Conway that the act defining baggage, No. 252, with the "people'' clause, is unconstitu ltional A great body of law under either head is in danger of being de- clared void unless the special su preme court can devise compromise permitting the use of either clause. The Faulkner county case will not be appealed, as the question will be settled by the Jackson county case. Attorneys in the Faulkner case are convinced that Judge Hutton is cor rect. On the other hand, the attor- ney general holds that the provision of the enabling act is the guide, and that all bills, whether originating with the legislature or the people, should bear the title, Be it Enacted by the People of the State of Arkan sas." This is on the theory that the general assembly is ''the people,"
 Of the 1S3 general acts passed by the legislature of 1911, 12 bear the general assembly" clause, 26 the people" clause, and 145 the double clause. If act l252 is declared invalid because it is enacted by the people" other acts that will be nullified in- clude the following:
 Act creating the Capitol Art Com- mission.
 Amending act for the creation of drainage districts.
 Act for the consolidation of cities.
 Regulating liability of employers for injuries to employees. | For the consolidation of adjacent school districts.
 To prescribe certain duties of the attorney general.
 To require road overseers to post water guages at public road crossings of rivers.
 To provide manner of disposing of lands forfeited for taxes.
 Providing for state insurance com missioner.
 Providing manner of holding cleo tions in special or single school dis tricts.
 Providing legalized double primary election.
 To prohibit amalgamation of Cau- casian and negro races.
 To give blacksmiths lien for ser vices.
 Providing additional clerk for sec retary of state.
 To protect producers in selling their products.
 For a court stenographer in the Thirteenth circuit.
 Appropriations for executive and judicial departments. 1 tho mora ipoportapt aetc