The log cabin Democrat., 1912-10-16
.ENACT|NC CLAUSE
 DECL AIRED VALID
IS IMPORTANT DECISION
HANDED DOWN BY SPECIAL COURT YESTERDAY APPOINT
 ED BY GOV. DONAGHEY.

Little Rock, Oct. 16.-According to the decision of the special supreme court appointed by Governor Dona- ghey, an act passed by the legislature is valid, whether the enacting clause be Be it enacted by the general as- sembly of the state of Arkansas" or Be it enacted by the people of the state of Arkansas" or both.
 The opinion was handed down Tues day afternoon by Chief Justice J. H. Harrod, the other members of the court being l. Vol Walker of Fayette- vlle Jos. w. House of Little Rock, J. II. McCollum of Hope and Jos. NJ. Hill of Fort Smith.
 The act in question was that ere ating the Village Creek and White River Levee District of Jackson coun- 1 ty, and the case at issue was the in- junction proceeding of J. w. Terrell ct al vs. John II. Keel, chairman. The demurrer to the petition for an in junction, on the ground that the en- acting clause, Be it enacted by the general assembly" is improper, is di- reeted to be overruled, and the injunc- tion granted upon the ground that the act is invalid for other, reasons, prin- cipally flor uncertainty in the de- seription of the territory to be en- bracad in the district
 Under the ruling of the court, no act is nvalidated by reason of the style of the enacting clause, and the general appropriation bill, which has for it's enacting clause, Be it enacted by the people of the state of Arkan- sas." is valid
 With the conclusion of Special Justices Hill and McCulloch as to the validity of bills enacted by the legis- lature upon it's own initiative" says the opinion, "bearing the style Be it enacted by the people of the state of Arkansas Special Justices House and Walker concur, but for reasons differ ent from those expressed by Justices Hill and McColum, Justices House and Walker holding the style of such bills is substantial compliance with the provisions of section 19, article ), of the constitution, and that therefore any bill bearing the title, Be it en- acted by the people of the state of Ar kansas is a valid enactment, whether it be enacted by the general assem- bly, or initiated and enacted by the
 
 people.
 With this view I do not concur, " continues Justice Harrod "as I do not 1 think the enacting clause, Be it en- acted by the people of the state of Ar kansas is substantial compliance with section 19, article 5, of the con- stitution.
 The whole subject is handled ex- haustively in an opinion covering l5 typewriter pages. The general pur- port of it is that bills enacted by the legislature should bear the clause, "Be 1t enacted by the general assembly, ' but that they are not invalid if they have the people clause, or both, the clauses having been used indiscrimi- nately by the last legislature; and that bills enacted by the people should bear the clause, Be it enacted by the people of the state of Arkansas" 1 Discussing the new reservation ol legislative power by the people, the court says "The law-making power of the state is thereby revolutionized and all of it vested, affirmatively ano negatively save, alone, limited class of emergency acts. in the people them. selves. The power of the referendum may not be exercised, but the people have given time in which to exercise it as certainly on approval of an act as active exercise of it by it's adOp- tion at the polls. It is similar to the veto power of the governor"