The Springdale news., 1912-10-25
ENACTING CLAUSE VALID
Special Supreme Court Render Inn
 poitant Decision.

Little Ro According 10 the ee cision of the special supreme court appointed by Governor Donaehey an act passed by the legislature IS valid, whether the enacting clause be Be it enacted 6y the genera as semhly of the $ ate of Arkanaas, or Be it enacted by the people of the state of Arkan as. CT both.
 The opinion was handed down re gently by Chief Justice ]. Il. liar rod. the other members Of the court being ] Xol Walker of Fay etteville, Jos. w House of Little Rock, J. H. MeCollum Of Hope and Jos. M. Hill of Fort Smith.
 The case in question was that ere ating the Village Creek and White River Levee District of Jackson county. and the "a c at issue was the injunction proceeding of j. N. Terrell ct al vs. John II. Keel, chair man. The demurrer to the petition for an injunction, on the ground that the enaeting clause, Be II en- acted by the general assem bly, $ improper. is directed to be oyerruI- ed. and the injunction granted upon the ground that the act IS invalid for other reasons, principally Tor uncertainty in the description of the territory to be embrace in the district :"
 Under the ruling of the court, no act Is invalidated by reason of the style of the enacting clause, and the general appropriation bill, which has for it's enaeting clause, Be 1t en= acted by the people of the state ot Arkansas" is valid.
 ssWith the conclusion of Spe lai Justices Hill and McCulloeh as 10 the salidly of bills enacted ny the legislature upon it's own initiative, says the opinion, bearing the style Be 1t enacted by the people Of the state ot Arkansas, Speetal. Justices House and Walker concur, but for reasons different rom those express ed Ey Justices Hill and MeGollum, Justices House and Walker holding the style of such bills is sub stantial compliance with the proNls= ions of section l9. article j. of the constitution. and that therefore any bill bearing the title, Be it enacted by the people of the state of Ark ansas,' is a valid enactment. wheth- CT it be enacted by the general as- SemDiy or initiated dHu tia' ltu o9 the people.
 With this view do not concur. continues Justice Harrod, "as 1 do not think the enacting clause. Re it enacted by the people Of the state of Arkansas is a substantial eomph= ance with section l9. article ., Of the constitution.
 The whole subject is handled ex- haustively in an opinion covering la type written pages The general puf- port of it is that bills enacted by the legislature should bear the clause, Be 1t enacted l. the gen. eral assembly but that they are not invalid if they have the people clause, or both. the clauses having been used indiscriminateiy by the last legislature, and that bills enact ed by the people should bear the clause, Be it enacted by the people of the state of Arkansas
 Discussing the new reservation of legislative power by the people. the court says: The iaW-making power Of the state is thereby reyo- lutionized, and al of it vested, af- firmatively and negatively save, alone, a limited class Of emergen- cy acts in the people them seltes. The power of the referendum may not be exercised. but the people have given time in which 10 eXer- else il as certainly on approval of an act as active exercise Of it hy it's adoption al the polls II is sim ilar 10 the veto power Of the gov eruor