The Van Buren press., 1912-06-22

he gensf;.l assembly that submitted
amendment No. 10. and the people
who voted upon the question, were
familiar with every provision of our
constitution, and did not intend to
make any change beyond what is ex'
pressly declared in the amendment.
NO Interpretation OF the amend
ment should be allowed which would
conflict with any other provision OF
the constitution or which is not abso
lutely necessary in order to give eff
feet to the amendment. Such con-
struction should be given as well, if
possible. leave all other provisions of
the constitution unimpaired and in
full force.
Applying this fundamental rule OF
construction, it cannot be argued that
amendment No. 10 has repealed any
provisions OF the constitution that we
quoted.
"Our position is that amendment No.
10 must be read in connection with
the entire constitution, and that if
the words of the amendment are sus-
ceptible of two constructions, either
of which is warranted by the words of
the amendment, that construction is
to be preferred which best harmOnizes
the amendment with the general
terms, tenor, and spirit Of the whole
constitution.
Would Disrupt the State.
The attorney general holds that the
people of a minor political division
cannot amend the constitution or pass
laws in conflict with general state
laws. Upon this point he says: ITO
constlue the words the people Of each
municipality, each county
reserve 10 themselves the right to pro-
pose laws, etc, to mean that they may
/ do this regardless of the will of the
people of the whole state, when this
will has been expressed by them
/ through their regular representatives,,
| is to place such a construction as
would tend to DISRUPT THE STATE
AND DESTROY IT'S REPUBLICAN
FORM OF GOVERNMENT, and read
/ something into the amendment which
| is entirely out of harmony with the
whole system of government, and a
violation of the states compact with
the Federal government and ignores
practically the whole constitution as
it stood A state cannot diyest itself
of its essential attributes of sover-
eighty.
"Unquestionably it could not be said
of the people who voted for the
amendment that they meant to dele.
gate the sovereignty Of the state to
each city and county in the state, and
at the same time retain it as a state,
No man ever thought Of such a thing
as giving a city or county such power
or authority, which would amount to
the overthrow OF the state govern
ment, and the establishment of petit
kingdoms and sovereign unities, each
a law unto itself, and none restricted
by any power as to its internal affairs,
and each poWerless as to any voice
in the internal affairs Of any adjoining
county, and not subject to any state
law or constitutional provision, eX.
,N
thing was never intended, and not
being so intended perforce Of common
experience and understanding 1t would
be a great injustice and lead to a
fatal evil resulting in political chaos.
II the people Of a county are supreme
In that county, then the people of the
state have no place in which to be SUI
preme, because the whole state Is
composed OF counties, and there Is no
territory left,
"What endless confusion, nulllfica-
ton and conflict by any such inter
|pretation,"
Literal Interpretation.
Yet lnal Is tHe luLelpI tIdIlOu lIlht
must be placed upon amendment No.
10, should the Supreme Court uphold
/ the action Of Circuit Judge Fulk in
.mandamusing the secretary Of state
to certify out local acts confessedly
/ in conflict with the general laws OF
the state, He holds that II the En-.
| glish language means anything,
amendment No, 10 places no restric'
| tion whatever upon the power rosery.
ed to the people to initiate laws and
amendments, and tina the enabling
act, in so far as It seeks to place re-
strictions upon the amendment, is con
|stlWtIonal,
The proposed laws directly at Issue
provide that baseball may be played
in Little Rock; that the county seat
Of Montgomery county may be re-
moved from Mt, Ida to Womble; to
remove county seat Of Dallas from
Fordyce TO Princeton; that betting on
| L,rgo rocng no normIItpd IN Garland