The Van Buren press., 1912-06-22

] anSaS system OF experimental ulreCl
/ legislation by Ashley Cockrill, presi
/ dent of the Arkansas Bar Association
and his opinion was shared by a ma
| jority of the members. 1t was the
| opinion of the majority that the whole
! system of initiative and referendum
which is now adopted, and Of recall
which is proposed, is subyersive of
representative government, and there
| fore a menace.
| President Cockrill in his annual ad-
dress elaborated upon the historic
Address of Forty Lawyers" three
years ago, in discussing "Our Consti-
tuition under the Initiative Amend.
ment," denouncing the principle in
unmeasured terms, pleading for a re-
turn TO representative government,
and declaring:
"Our officers and courts will be Cou.
tlnually busy with the puzzle of de-
termining what measures should be
submitted to vote, which ones have
passed and then what they mean. We
have indeed arrived at a state OF an
archy in our law Not one initiated
measure has received of can receive
the consideration Of any deliberatiye
body. Not one word can be changed
by way Of amendment. They are all
simply fired at the voters at one time
In the condition they appear on the
petitions and you must either accept
them or reject them in toto Such a
plan for local laws or statewide legis-
lation is bad enough, but such a hap
hazard, careless method of amending
the constitution is criminal negli-
gence. mayhem, murder. Representa-
tive government, after all, is a pretty
good thing, Arkansas will yet return
to It."
Arkansas is just now In the throes
Of uncertainty over the system that
was adopted by the people last year
when they engrafted the Initiative
and Referendum amendment upon the
constitution. Joker" conflicting con-
structions, a possible over.turn OF state
sovereignty. an expensive system that
will vie with the most expensive legis-
lative sessions, have made confusion
worse confounded, and no one can
predict where it will end. The situa.
tion is in the hands Of the Supreme
Court, before which five cases on ap-
peal were argued on June II, The
court will adjourn July Is for the sum-
mer recess, and as so many interests
affecting the whole state are involved,
II Is expected the court will advance
these cases and decide them within
the next two weeks There are nine
initiated measures Of statewide ma
ture, and a score of local measures af'
fecting counties or municipalities,
that must be voted on in September
depending largely upon the construc.
ton the Supreme Court puts upon
Amendment No. 10 and the accompany.
ING enabling act VIII the Supreme
Court by literal Interpretation Of
greater confusion, or by taking cogni-
2ance Of the spirit and intent, bring
eventual order out Of present chaos?
That is the question that is just now
being asked.
Most Mandamused Man,
Earle w. Hodges, secretary OF state,
who has the distinction Of being the
most mandamused man In the country,
is the appellant in the consolidated
cases pending, ard he Is represent
ed by Attorney General Hal l., Nor.
wood, upon whose advice he refused
TO certify out for publication five pro
posed local acts which he held are
IN conflict with the enabling act They
are The officials wEc have raised prac.
tlcally all OF the issues, with Circuit
Judge Guy Fulk, that are confronting
the courts at this time,
The fate Of direct legislation In Ark.
ansas depends upon the decision OF
the Supreme Court. A rIgidly literal
construction OF the law would proba.
bly, induce n condition Of such chaos
that the people themselves would de-
mand the repeal Of the whole system,
And yet, some Of Its most enthusiastic
advocates, assuming that revolutions
never move backward" agree with
Bryan, who toured tho state for the
amendment three years ago, and said
adopt the amendment now and fix
Il up later Make the beginning and
lot the courts aud the people make
any corrections that may be needed,
Trouble Due 20 the "Joker"
All the trouble appears to be trace
able to what is popularly known M the
"Jokor" IN the amendment, and the
efforts OF the legislature through the
enabling act 70 place restrictions upon
the col titutional provisions In nc
other state OF the Union whore the
Initiative and Referendum systom has
been undertaken does Just such con
dtlon prevail M obtains IN Arkansas
/ Tho amendment ~ practically the
same M that OF oregon and Oklahoma
with the exception Of the Joker
which was inserted by Representative
DuLaney when the amendment was
before the legislature for submission
0s concession TO the counties Ont
elites,
The Joker" Ia Os follows
"The legislative powers OF thll
state shall be vested In a general as
sembly, which shall consist OF the Sen
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