The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1912-04-18
SUPREME COURT
DISQyALIF|ES SELF
.ENACTING CLAUSE IN ACT
IS ATTACKED, AND QUESTION
MAY INVOLVE OTHER I'M
PORTANT ACTS.

Little Rock, April 16.-For the first
time ia the h story of the Arkansas
judiciary, the entire supreme court
mas been disqualified to sit in a case
which indirectly involves the question
OF the validity Of the general appro-
priation bill under VIII. oh all depart
ments of the state are being run.
1t is only one of the many complied
tions that have arisen under the ini-
tiative and referendum amendment to
the constitution, and the difficulty of
! lawmakers to get the emergency
clause and the enacting clause clearly
defined and exercised The emergen-
! cy clause has already been passed up
on, SO has the doubling enacting
clause, but now comes the question of
the single enacting clause.
there is a possibility that the de-
ci3ion n the case of Keel VS.. Terrell,
! from jackson county may make it i'm
possible for any employe or official of
the state not provided for by specific
act, to draw one cent of pay until the
! legislature meets next January and
remedies the defect, unless a special
session be called The state is already
on a SCRIP basis, being unable to meet
any of its obligations, and $3.50 900 in
arrears on running expenses, and
should the special supreme court de-
eide that the general appropriation
bill was not legally passed, it will on
| ly complicate matters and make SER
vice for the state more like working
for a bankrupt concern.
| 1t was generally decided by the last
| legislature, and this has been upheld
by the supreme court, that with the
direct legislation amendment in
force, each act shall contain the
doubling enacting clause: "Be it en-
acted by the people of Arkansas" and
BE it enacted by the general assem-
| " of the state of Arkansas" The
case of Keel VS.. Terrell assails the
validity of a levee improvement dis
trict act for Jackson county on the
ground that only the general assembly
clause was used. Now the supreme
court has discovered that only the
people clause is used in the general
appropriation act. The members of
the court are indirectly interested be-
cause their salaries depends upon the
general act. Fortunately, when Gov
ernor Donaghey approved the act,
June l, 1911, he vetoed the item ''For
the salaries of special judges and
chancellors," otherwise special judges
themselves would not have been quail
fled to sit in the case.
The question, therefore, becomes,
are 1.-The people" the general assem-
bly, and vice versa. Should the spe-
cial supreme court decide that the
general assembly is not "the people,
then every act bearing only the enact
ing clause, "Be it enacted by the peo-
pie of the state of Arkansas" is in
validated. This would include the fol
lowing general acts of the last legisla-
ture:
General appropriations act.
Act creating Capital Art Commits
sion.
| Amending general drainage act.
Providing for the consolidation OF
cities
Employers liability act.
Providing for consolidation of ad-
jacent school districts.
Confederate pension appropriation
half of which is paid.
Prescribing duties of the attorney
general.
Providing manner of holding schoo
elections.
Providing for collection of delin
Quent insurance taxes.
Legalizing double primaries.
Act defining railroad baggage.
Prohibiting rate amalgamation.
Blacksmiths' lien act.
Creating office of state insurance
commissioner.