The Mena weekly star. (Mena, Ark.) 1904-1977, 1912-05-16
JUDGE BROADENS
INITIATIVE Law
Cities and Counties Have Right TO
Initiate Laws. According 10
DceiSion--NEany Meas
ureS Concerned.

Little Rock. May i2.- According
to Judge Guy Fulk's construction
Of the enabling act passed by the
recent legislature for carrying into
effect the initiative and referen-
dunn amendment to the eonstitu-
ton. cities and counties have the
right to initiate laws affecting their
respective communities.
This ruling, which was made yes
terday, resulted from the mandam-
us proceedings brought in Second
Division Circuit court by j. NJ.
Dawdy of Dalark. representing 1000
others in Dallas county, who had
signed a petition Cor the initiation
Of an act for the removal of the
county seat Of Dallas county from
Fordyce to Princeton.
Many Measures Affected.
Many local measures which il
has been sought to initiate, will be
affected by this decision. Secre-
tary Of State Earle w. Hodges has
refused TO certify out these meas
ures, pending a decision in the Dali
las county case. Among measures
which are validated, according to
this decision, are the law permit
ting racing in Garland county, the
bills permitting Sunday baseball in
Little Rock and Sunday baseball
and Sunday theaters in Argenta,
and the laws placing the officials
of Clark county on salaries instead
of on the fee system, as has been
the custom heretofore. Several
other local measures of minor inn
portance will be affected by the de-
cision.
The petition directly concerned
by yesterdays ruling was filed Feb
ruary Is, but Secretary of State
Hodges, acting on the advice of At
torney General Norwood, refused to
certify the petition to the election
commissioners Of Dallas county on
the ground that the enabling act
passed by the legislature provided
that laws initiated by counties and
cities mast not conflict with the
general laws Of the state.
Basis for Decision.
Judge Fulk, in granting the writ
Of mandamHs, held that that part
of the enabling act which prohibit
ed the initiation of a law not
consistent with the general laws or
constitution of the state was un-
constitutional, as the people had
adpoted an amendment to the con-
stitution authorizing the initiation
OF such laws. and that the legisla-
ture had no authority to pass such
an act. He held that the amend
menL is a part of the constitution.
and is self-exeeuting and the leg
islature is without authority to en-
act a law in contravention of the
constitution.
In the course of the hearing
the Judge threw bomb into the
camp OF the statewide prohibit
tionists. incidentally, parlying
with counsel, he said
Whatever credit is due anybody
ioF Tue RndDlllE act is uQe 10 the
prohibition people. But in passing
the enabling act they have
thwarted the very purpose for
which they wanted it passed, for
under a strict construction of it the
proposed statewide bin is uncon-
stitutional, being in conflict with
its express provisions
Judge Fulk granted the manda-
mus, which has the effect of nulli-
flying the restrictions of the enab-
ling act and throwing wide open the
gates Of local legislation, whether
or not in conflict with the general
laws. He holds that that is clearly
what the amendment provides and
that the legislature cannot read in
to the constitution provisions that
are not there An immediate APP
peal Will be taken to the Supreme
court.
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