The Mena weekly star., 1913-06-05
J.D. SHAVER
 TALKS TO LAWYERS
Deplores Special Bills and Says Constitution Was Not Intended tO Take Local Self-GOvern-
 ment From the People.

State Bar Association, in his an
 nual address before that body yes
 terdav. discussed the state govern
 mnnt of Arkansas, and suggested
 improvements to the present sys-
 fem. After calling attention to the
 fact that many laws were enacted
 hv fraud that were just as binding
 on the people of the state, in spite
 of their obnoxious features, in part
 he said:
 Tn a government like ours, where
 lhe life-giving force of our laws Z depends wholly upon consent of the
 governed. we are bound to admit
 lhat if is a manifest defect in such
 system to permit so fundamental M principle as the establishment of
 that consent to depend entirely # upon an implication or presump-
 ton. This feature of our system # would not be subject to such criti- # csm could some practical provi-
 sions be made whereby this import # ant fact could be established and # fine vital force of our laws made to # depend upon truth rather than pre- M sumption. I believe this condition # of implied or presumptive consent M has caused greater wrongs and # hardships than all the other agen-
 rics of sthe government combined. # There is scarcely any evil in gov Fl ornment and unhealthy social or M economic conditions but that the # cause can be traced in some way # to this defect
 We are in the midst of a period s4 of reconstruction, face to face with # a really serious condition of our
 social and industrial life. We hear # the voice of the people demanding
 a better administration of affairs, "a and it should be our mission to find .# out what they want in the way of # reforms. and instead of waving H them aside as whims and fancies, # or perhaps theories of fanatics and # actators. give ear and brain to # their problems and busy ourselves # with their solution. The press of
 inc country. the great barometer of
 inc public mind, has seen the hand
 writing on the wall and given warn # ng.'
 Referring to the state legislature, # President Shaver said:
 Legislature and Local Affairs.
 For many years past our legis- # aures have devoted much of their VI lime 10 the enactment of laws of an # entirely local character at a enor- ii hanxr nf fhA1. # of value to but few. They are a # constant clog and obstruction to the a wheels of legislation. This trouble Fl will be more pronounced in the flu & ure when we think of the short 4 term now allowed a legislative ses- N sion. Twas never intended by the VI tramers of our present constitution # Co take from the people the power # of local elf-goVernment and vest # n in the legislature. On the con- T trary. they were prohibited from # enactng special local laws except # under certain express conditions # But our Supreme court, construing 4 thl, provision of the constitution, # held that the legislature was the # sole judge of the existence of such Il conditions, and it's decision was Ii conclusive, since which time spe- & cial legislation has run riot in the state, the constitutional inhibition \ being consistently ignored and the T principle of local self government Il treated with scorn. If we ever hope q to see our legislatures actively in- Il terpSled in wholesome. general & laws, we will have to relieve them I utterly of the veXatious and trou- n bIosome problem of local legisla- T lon. Why should such cities as Il Little Rock, Helena, Pine Blu0 or T Ho. Springs; such counties of Pu- Il 0>N. Jefferson Lee or Sebastian be N denied the right Co make such in- H .rmal improvements as they de- VI ,lir because there are other cities and counties which do not need the same character of improvements, T or are not in position to make the # venture? Why, if the citizens of # Pulaski want better roads, should T the citizens of Polk have a right to objectI And why should it con \ cern the good people of Hot f springs if the people of Mena
 should tax themselves for park inn T provements? It must be conceded by those who keep in touch with the public conscience that the trend of popular opinion is towards the use of mole practical, common
 sense business methods in the ad- mlmSlration of governmental af- lalrS. The decree has gone forth, the entering wedge has been driven, me old theory of implied consent no longer impervious to attack President Shaver then recom- inended for discussion the follow ing changes:
 Suggestions for Discussion. Frsl that power of direct local leslslation be taken from the legis- lature, leaving to it the right to enact only those laws affecting the state as whole.
 second that a practical system of Iocal self-goyernment or home rule ties.
 'uuge ShaVer's Successor Named. Charles T. Coleman of Little Rock was elected president of the Ar HaIlSas Bar Association, to succeed