The Green Forest tribune., 1912-06-21

mayhem" murder" are some of the terms that have been hurled at Ark ansas' system of experimental direct legislation by Ashley Cockrill, presi- dent of the Arkansas Bar Association and his opinion was shared by a ma jority of the members. It 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 subversive 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 con- tinually busy with the puzzle of de- termining what measures should be submitted to vote, which ones have passed and then what they mean. We archy in our law. Not one initiated measure has received of can receive the consideration of any deliberative body. Not one word can be changed by way of amendment. They are all simply fired at the voters at one time fr, +Io tho 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 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, 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- ton is in the hands of the Supreme Court, before which five cases on ap peal were argued on June 1T. The court will adjourn July 15 for the sum- mer recess, and as so many interests affecting the whole state are involved, it is expected the court will advance these cases and decide them within the next two weeks. There are nine initiated measures of statewide na- 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. Will the Supreme Court by a literal interpretation of the letter of the law, bring about greater confusion, or by taking cogni- zance 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, and 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 who have raised prac- tically 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 a condition of such chaos that the people themselves would de- mand the repeal of the whole system And yet, some of it's most enthusiastic advocates, assuming that revolutions never move backward" agree with Bryan, who toured the state for the amendment three years ago, and said:
 Adopt the amendment now and fix 1t up later. Make the beginning and let the courts and the people make any corrections that may be needed"
 Trouble Due to the "Joker."
 All the trouble appears to be trace able to what is popularly known as the Joker" in the amendment, and the efforts of the legislature through the enabling act to place restrictions upon the constitutional provisions. In no other state of the Union where the Initiative and Referendum system has been undertaken does just such con- dition prevail as obtains in Arkansas. The amendment is practically the same as 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, as concession to the counties and cities.
 The Joker" is as follows:
 "The legislative powers of this state shall be vested in a general as sembly, which shall consist of the Sen.