The Green Forest tribune., 1912-06-21

the general assembly that submitted amendment No. 10, and the people who voted upon the question, were familiar with every provision of oul make any change beyond what is ex pressly declared in the amendment.
 "No interpretation of the amend ment should be allowed which would conflict with any other provision ot the constitution or which is not abso lutely necessary in order to give eff | feet to the amendment. Such con struction should be given as well, ii possible, leave all other provisions oi the constitution unimpaired and in full force.
 Applying this fundamental rule of construction, it cannot be argued that amendment Nos 10 has repealed any provisions of the constitution that we quoted.
 "Our, position is that amendment No 10 must be read in connection with the entire constitution, and that if the words of the amendment are sus- ceptible of two constructions, either of which is warranted by the words of the amendment, that construction is to be preferred which best harmonizes the amendment with the general terms, tenor, and spirit of the whole constitution"
 Would Disrupt the State.
 The attorney general holds that the people of a minor political division cannot amend the constitution or pass laws in conflict with general state laws. Upon this point he says: 'To construe the words the people of each municipality, each county reserve to themselves the right to pro- pose laws, etc. to mean that they may do this regardless of the will of the people of the whole state, when this will has been expressed by them through their regular representatives, is to place such a construction as would tend to DISRUPT THE STATE AND DESTROY ITS REPUBLICAN FORM OF GOVERNMENT, and read something into the amendment which is entirely out of harmony with the whole system of government, and a violation of the states compact with the Federal government and ignores practically the whole constitution as of it's essential attributes of sover- eighty.
 "Unquestionably it could not be said of the people who voted for the amendment that they meant to dele gate the sovereignty of the state to each city and county in the state, and at the same time retain it as state. No man ever thought of such thing as giving a city or county such power or authority, which would amount to the overthrow or the state govern ment, and the establishment of petit kingdoms and sovereign unities, each a law unto itself, and none restricted by any power as to it's internal affairs, and each powerless as to any voice in the internal affairs of any adjoining county, and not subject to any state law or constitutional provision, eX- cept at its own pleasure. Such a thing was never intended, and not being so intended perforce of common experience and understanding it would be a great injustice and lead to a fatal evil resulting in political chaos. If the people of a county are supreme in that county then the people of the state have no place in which to be su- preme, because the whole state is composed of counties, and there is no territory left.
 What endless confusion nullifica- tion and conflict by any such inter- pretation!"
 Literal Interpretation.
 Yet that is the interpretation that must be placed upon amendment No. 10, should the Supreme Court uphold the action of Circuit Judge Fulk in mandamusing the secretary of state to certify out local acts confessedly in conflict with the general laws of the state. He holds that if the En- glish language means anything, amendment No. 10 places no restric- tion whatever upon the power reserv- ed to the people to initiate laws and amendments, and tha- the enabling act, in so far as it seeks to place re- strictions upon the amendment, is con- stitutional.
 The proposed laws directly at issue provide that baseball may be played in Little Rock; that the county seat of Montgomery county may be re- moved from Mt. Ida to Womble; to remove county seat of Dallas from Fordyce to Princeton; that betting on horse races be permitted in Garland county, of which Hot Springs is county seat; that certain officials of Sebas- tian county be placed on salary; that Sunday baseball and theaters be per mitted in Argenta.
 If the people of a municipality or county" says the attorney general, "can repeal any law enacted by the people of the general assembly, mere ly because the1aw immediately affects local territory then all such acts could be repealed by the people of such locality.",,
 There is only one construction that will preserve harmony and at the same time give effect to all words used, and that is the construction in. sisted upon by us. That is, The peo Dle of cOuntv may enact any meas