The Mena weekly star., 1913-10-16
LEGISLATURE HAS AUTHORITY
Supreme Court Was Unanimous in
 Decision in Liquor Case.

uCCSIOl Ill LluuOf GaSc. Little Rock, Oct. 13.-Without a dissenting vote through Associate Justice J. Smith the Arkansas Su- preme Court on Monday morning rendered an opinion stating that the liquor bill could not be referred to the people of the state, but that it must be enforced after December 3l, 1913.
 The court in giving it's opinion held that the legislature had the right to attach the emergency clause to any act that it saw fit which would protect the public peace, safety and health of the con- munity of the state and that the legislature saw it's right in attach ing the emergency clause to the liquor bill and did so without the intent of having it enforced with out submission to the people.
 Three Questions in Opinion.
 The courts opinion included three questions. They stated that the question of emergency was one for the legislature to decide and that the court would not go behind the legislatures declaration that an emergency existed in the liquor bill and therefore attached the clause. Further, the court said that the fact that the law was not 10 become effective until January 1, 1914. was not inconsistent with the declaration of the Constitution that all laws are referable to the people except those necessary for the inn mediate preservation of the public health. peace and safety
 The court held in effect. that any act that needs to take effect before the time when the people could vote on it under the referendum Is necessary for the immediate pres ervation of the public peace.
 Law Not Unconstitutional.
 The court also held that the law is not unconstitutional because it was not submitted to the referen- dun. and ruled that the legislature is the supreme body to decide whether or not the act should be submitted to the people or the emergency clause attached so that it might become effective at the time stated in the act to protect the safety, public health and peace of the people of the State of Arkansas. The case has been in the courts for some time. Immediately after the act was passed and approved by Gov. Joe T. Robinson on February F. 1913, the liquor men started a petition to have it referred to the people for a vote.
 Thousands Wanted It Referred.
 A total of i2,i55 citizens sigma lures was secured to the petition to have the act referred and this pe- tition was filed with Secretary of State Earle w. Hodges, whereas only S,483 signatures were required under the law.
 Secretary of State Hodges refused to refer the act to vote of the peo- pie and NJ. N. Hanson, Sol Johl and others representing the liquor in trests applied to the Second Di- vision of the Pulaski county circuit court for a writ of mandamus to compel Mr. Hodges to submit the act to the people for a vote. Judge Guy Fulk of the Pulaski county cir cult court refused to issue the writ prayed for and the case was taken to the Supreme court, where the initiative and referendum was at tackled, lawyers for the liquor men declaring that to refuse to refer the liquor bill to the people would mean the deathknell of the initial- tive and referendum in this state.