The Mena weekly star., 1913-04-10
ATTACK ON LIQUOR
 LAW NOT. FEARED
Intent of Legislature as to Emer- gency Clause Would Govern in Supreme Court, Says
 Senator White.

Little Rock, April 4.-Senators who were prominent in the fight for the passage of Senate Bill No. ii8. known as the Going bill, which pro- hibits saloons in Arkansas after January 1, 1914, except on 8 petition of the majority of the adult white inhabitants of the section affected, are not disposed to place much im- portance on the report that the sa- loon people will attack the validity of the emergency clause attached to the bill.
 Recently it was reported that the saloon element might undertake to have the bill referred to the peo- pie, since the emergency clause does not make the measure effective un- til 1914. It was contended, in this rumor, that since the clause did not make an act effective at once was not, in reality, an emergency clause and had no effect on the measure to which it was attached.
 Discussing the contention, Sena- tor T. c. White of Jefferson, who was among the vigorous champions of the measure, declared that the only question involved is whether or not the legislature intended to prevent the reference of the bill to the people; that this will be the only point at issue, should the mat ter come into the courts for settle ment.
 'I think" said Senator White, that there would be no trouble in convincing the Supreme court of the intention of the legislature. The incidents relative to the passage of the bill are too fresh in the minds of the people to allow any other construction than that the legisla- ture attached the emergency clause to prevent the measure being sub mitted. In fact, this very matter was discussed in caucus by the friends of the bill and the conclu- sion was that the measure should not be submitted; that the best in- terests of the state would not be subserved by the submission of this question now.
 Tt has been the policy of the Supreme court to give weight to the intent of the legislature in constru- ing a measure, and should the enc mics of this act press it to a test in the court they will have a very slender thread to support their con- tention. The amendment to the constitution which provides for the emergency clause unquestion- ably leaves to the discretion of the legislature whether or not a meas ure shall be left open to submission to the people. Then, since it was the judgment of the legislature that it should not be submitted, what difference would it make if the gen. eral assembly were to designate April, May or any other month ill the future for the measure to be- come operative?
 Besides, the only reason why the act was not made effective at once was one of courtesy to the men who had already paid their licenses for the year 1913 and a disposition on the part of the lawmakers to be fair on all points. The law could just as easily have been made eff fective from and after the passage of the bill as to be as lenient as the circumstances would warrant to- ward the men who were engaged in the liquor business. It was not from a desire to leave the act itself open to submission"
 This alsozis the opinion of other senators, among them Senator To- Ter and Senator CarlLee, who sup ported the measure.
 A Short Route to Decision.
 Should it be decided to attack the validity of the emergency clause, the court fight would come when the liquor people attempted to file with the secretary of state their pe- titiOn and the i2,000 names required to order the referendum on the act. The friends of the bill would inn mediately ask an injunction against Secretary Hodges filing the petition and the issue would be joined with a clear course ahead to the Su- preme court.