The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1912-10-17
ENACT|NC CLAUSE
DECLARED VALID
IS IMPORTANT DECISION
HANDED DOWN BY SPECIAL
COURT YESTERDAY APPOINT
ED BY GOV. DONAGHEY.

Little Rock, Oct. l6-According to
the decision of the special supreme
court appointed by Governor Dona-
ghey, an act passed by the legislature
is valid, whether the enacting clause
be BE it enacted by the general as
senbly Of the state of Arkansas" or
BE it enacted by the people of the
state of Arkansas, or both
The opinion was handed down Tues
day afternoon by Chief Justice J. H.
Harrod, the other members of the
court being }. Vol Walker of Fayette-
Vile, JOS. W. House of Little Rock, j.
H. McCollum Of Hope and Jos. NJ
Hill Of Fort Smith.
The act in question was that ere
ating the Village Greek and White
River Levee District of jackson coun-
ty, and the case at issue was the in
junction proceeding of j. w. Ferrell
ct al We. John H. Keel, chairman. The
demurrer TO the petition for an in
junction, on the ground that the en-
acting clause, "Be it enacted by the
general assembly" is improper, is di-
rected to be overruled, and the injunc-
ton granted upon the ground that the
act is invalid for other reasons, prin-
cipally for uncertainty in the de-
scription Of the territory to be en-
braced in the district
Under the ruling of the court, no
act is invalidated by reason of the
style Of the enacting clause, and the
general appropriation bill, which has
for It's enacting clause, "Be it enacted
by the people of the state of Arkan-
sas," is valid.
with +ne conclusion of Special
Justices Bill and McCuIIoch as to the
validity Of bills enacted by the legis-
lature upon its own initiative,' says
the opinion, bearing the style BE it
enacted by the people of the state of
Arkansas Special Justices House and
Walker concur. but for reasons differ
ent fror2 those expressed by Justices
Hill and McCOl)um Justices House
and Walker holding the style of such
bills is & substantial compliance with
the provisions of section l9, article D,
of the constitution. and that therefore
any bill hearing the title, BE it en-
acted BY the people of the state of Ar
kansas - a valid enactment, whether
it be enacted by the general assem-
bly, or Initiated and enacted by the
people.
WITH this view ! do not concur"
continues Justice Harrod las do not
think the enacting clause, BE it en-
acted by 4he people of the state of Ar
kansas IS substantial compliance
with section 10, article D, of the con-
stitution."
TIE waole subject is handled e.
haustiveIy in an opinion covering 10
typewriter pages. The general pur
port Of il is that bills enacted by the
legislature should bear the clause. "Be
it enacted by the general assembly"
hut that they are not invalid if they
have the people clause. or both, the
clauses having been used indiscrimi-
nately by the last legislature; and
that bills enacted by the people should
bear the clause, BE it enacted by the
people OF the state of Arkansas"
Discussing the new reservation of
legislative power by the people, the
court says: "The law making power
of the state is thereby revolutionized,
and all Of it vested, affilmatively and
negatively save, alone, a limited class
Of emergency acts in the people them
selves. The power of the referendum
may not be exercised, but the people
have given time in which to exercise
1T as certainly on approval of an act
as active exercise of it by its adop
tion at the polls. 1t is similar to the
veto power of the governor"