The Harrison times., 1912-05-11
Little Rock Letter.
LITTLE Rock, MAY sth, I

oflaws by the people The expert
mcnt of direct legislation is some
what Of a novelty for the people Of
Arkansas, but they are leaning the
game rapidly and by next election
vii! be as wise as those who are
elected and paid for making laws
The law provides that all initia.
tive petitions must be filed with the
Secretary of State not less than four
months before the next general elect
ion and that each shall bear the
signatures of at least eight per cent
of the total vote cast for governor
in the last preceding election, In
this instance, 12,O46 signatures
were required, the total vote cast
for governor in 1910 having been
150,57S. 1t has not proven difficult
TO secure the requisite number of
names for almost any new law, al.
though in nearly every instance it
has been necessary to pay petition
circulators
One of the arguments advanced by
those who are circulating petitions
is that the signing OF a petition does
not mean a vote for the measure
that there should be no objection to
the people being allowed the privi.
lcgc OF voting on a question, On
the other hand, it has been pointed
out that those who oppose any pro-
posed measure should not sign the
initiation petition, which will sub
init it to an expensive election, But
that is a matter of ethics for the
signcr himself, over which the En-.
abling Act can have no jurisdiction,
There are plenty Of other complica.
tions coming up under the direct
legislation amendment to give the
courts plenty to do without bor-
rowing trouble Of that kind
There are two classes OF laws that
have been initiated by the people,
statutes and amendments TO the
constitution 1t is argued that
against the first the Legislature has
power to proceed, but the doctrine
of cstoppel applies to the amend.
ments, Attorney General Norwood,
among others, holds that after an
act has been passed by the people,
the Legislature may take it up and
amend, emend, repeal, postpone or
mangle it as much rs their con.
sciene will permit; that n statute
enacted by the people is scarcely
more than petition TO the legisla.
ture, which may change it aS it sees
fit,
For Instance The banking bill,
initiated by representative X, $,
| Warnock Of Columbia county, is u
measure covering so pages With
few minor changes it is the same
bill that was passed by the Lower
Houses in 1910 and 1908, with only
4 to & votes against it, and was
promptly tabled in the Senate The
Bankers Association opposed the
guaranty feature of it, although
they approved the rest Of the meas
ure And it appears that the lower
branch of the House approved it all
and now $1,000 voters have hy
their signitures declared that they
want the act in toto, guaranty
clause, stockholders guaranty and
bank inspection supervision, But
the people will have TO accept the
whole act rs written, without q
chance to amend it in any partieu
lar, aud where there is so much de.
tail involved, there is no doubt but
that some of the 1870 members oI
the coordinate law.making branch
will find some flaw, real or lancied,
in the act, and proceed to change II
if they can, The attorney general
says they can amend or repeal it
Others say they cannot change an
act passed by the people-othcrs put
it differently that they dare not,
and retain their political autonomy.
However il may be- there is no
doubt this and other questions will
engage the attention of the Legisla,
ture of 1913 Ns much rs the en-,
abling act, the emergency clause,
and the double cnacting clpuse did
the General Assembly Of 1911
There are two amendments IN,
itiated by the people, one permitting
cities 60 issue bonds for internal inn
proyements, the other for a sixty.
day session Of the Legislature,
These cannot be changed by the Leg.
isatute, being n part Of the organic
law, A member of the Senate was
in Little Rock last week, and pre-
dieted that next session would hC
one of the longest ever held, and
that the slSty.dNy act would not
bother them any they would mere
l,t 1,olnpa hut IA sh,ull n,t hppnuht