The Van Buren press., 1912-06-22
The
hitiatiue and Referendum
In Arkansas
By CL 10 n A X E

ate and House of Representatives, but
the people of EACH MUNICIPALITY,
EACH COUNTY, and of the state re-
serve to themselves power to propose
laws and amendments to the consti-
tuition and to enact or reject the same
at the polls independent of the legls-
latiye assembly"
Had not the capitalized amendment
been adopted, the rights of "the peo-
pie Of the state" would have been clear
and uneQuivocal. But the conclusion
of the words leach municipality, each
county" brings on all the confusion
and uncertainty.
After the Incorporation Of the
into the organic law, the
legislature realized the difficulties
and attempted to whip it into shape
by the passage of an Enabling Act,
placing restrictions upon the constitu-
ton, in other words, by amending the
constitution through legislative enact
ment. The restriction of the enabling
act is as follows:
Restriction by Enabling Act.
Eight per cent OF the legal voters
of the state and eight per
cent Of the legal voters of any county
or any city or incorporated town may
propose any measure not in
consistent with the general laws or
constitution of the state, applicable
only to such county or municipality;
provided, this act shall not be con-
strued to allow the initiative Of any
measure to set aside or revoke any
three mile petition order made by any
of the county courts of this state pro-
hibiting the sale of liquor under sec
tions 512S to 5l32 of Kirby's Digest,
or local option liquor laws providing
methods Of determining whether the
sale of intoxicating liquors shall be
prohibited in any county, city, town
or township"
Now there is nothing said in the
constitutional amendment about in
consstencies, or the discrimination
in favor of local option laws. And
upon that rock some well-laid plans
are doomed to split. Innumerable are
the questions that have arisen re-
gardng the application Of the amend
ment and the enabling act to the maxi
ing of laws and adoption Of amend
ments.
Some Of the Puzzles Propounded.
Can the people of a city or a county
pass a law that Is in direct conflict
with the general laws Of the state?
If so, one county might declare crap
shooting a capital crime, another
might make murder a misdemeanor,
and the city of Hot Springs or town
of Leslie might set aside the entire
body of the state law and adopt an
individual code,
Can the people OF city or coun'
ty adopt an amendment to the consu'
tuition irrespective of the rest OF the
state, as was proposed by Camden to
authorize the selling Of liquor? il So,
II would be possible to have as many
independent petty soyereignties as
there are counties, cities and towns
in the state, and the authority OF the
state would become a nullity.
The constitution declares that not
more than three amendments may be
proposed to the constitution at one
time, The last legislature proposed
two, the people have proposed three
Can all Of them stand, or must two De
eliminated? The attorney general
holds that amendment No. 10 did not
change the constitutional restriction,
and that only three can be submitted
Can the legislature amend the CON
gtImNon, or place restrictions upon
tho powcr reserved TO the people DY
the legislature Is the enabling ac'
constitutional? II constitutional lhen
tho mower Of imitation has been re-
strlcted against the expressed VIII OF
tho ncople, and If unconstitutional all
the bars OF restraint have been Ialu
down and free ingress given to all
the wlld.eyed reformers these perlIons
times may develop and chaos woulh
soon reign unrestricted,
can the legislature amend repeal
restrict, defer, or otherwise change
an act passed by the people? II IT
can. then the action OF the people IL
nothing more than thcNpopular nitro
dpcilon OF bill In the legislature
which may do with It as It pleasos. II
II cannot amend n poulor net, theh
must the supreme Court become the
ony dollbcrative body that intcrpre,s
n pcoplemodo law, and whips II mo
proctIcal shape. eliminating the lokers
and the Inconsistencies,
rhege are some Of the broad prlnci'
ples the court must decide, besides
which there are innumcrablo minor
oucs,Ions Of procedure that are now
ha2y, uncertain, inchoate, and con-
troycrsIal
Construction Is TOO Liberal,
Attorney General Hal l., Norwood,
in his brIcf before the Supreme Court
contends that section 3, Of the en-
obllng act places too liberal CON
Istuction upon the words OF the
amendment rrscrying TO counties ond
municipalities the right to Initiate
measures
1--WE Insist" says he, that II wos
not the intention OF those who adopt
Cd the amendment to allow counties
to repeal laws passed by the general
assembly, although such laws may be
special or local IN their application
It Ia presumed ttat the members OF
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