The Harrison times., 1915-03-27
CITY BOND ISSUE
DECLARED INVALID
SUPREME COURT MAKES THIhO
DECISION ON THE BOND
AMENDMENT.
MAJORITY NOT RECEIVED
Chief Justice Hands Down opinion
Concurred BY Four Other Mem
bers Of the Court.

Little Rock
Amendment No. IA, known as the
| Bond Amendment, was voted on by
the voters Of Arkansas at the last
general election, was declared invalid
by the Supreme Court. The Supreme
Court held the amendment to have
been adopted, would have had to re-
ceive a majority Of the largest vote
cast The amendment did not receive
a majority Of the largest vote cast, al
| though it did receive a majority Of the
votes cast for and against it.
Validity of the proposed constitu'
tional amendment was attacked in two
cases filed against Mayor Charles e.
Taylor OF Little Rock and allegations
were set forth that It had not been
| legally adopted for two reasons; That
it did not receive a majority Of the
| largest vote cast and that 1t was not
properly advertised.
The vote for governor in the election
last fall totalled 1857. Under the
| Supreme Courts ruling, the proposed
amendment would have to have re-
ceiyed 67,759 votes. The measure re-
ceived 54,7S2 votes. The total vote on
| the proposed amendment was 95,223
| Many voters did not cast their ballots
either for or against the proposed
amendment
Notices Sufficient.
The court overruled the contention
| that notices OF submission Of the pro-
posed amendment were insufficient,
following that ruling with the finding
that It did not receive enough votes,
The Supreme Court was unanimous in
the decision.
In ruling on the case, the Supreme
Courts decision says:
1T would be doing violence to tho
designers Of the trainers Of the amend.
mcnt TO attribute TO them the inten.
tion TO require less number Of votes
10 adopt an amendment proposed by
the people through the power Of tho
Initiative than ono submitted by the
General Assembly
ut Is earnestly insisted that this
view of the matter leaves Amendment
No, 10 without any specification at all
as 10 tho number of votes necessary
10 enact or adopt an initiated bill That
this is true, but II does not follow
that that feature OF the amendment IN
this kind Of enabling legislation would
fail because there was no such specl,
hcation, This Is government OF ma,
jorltlos or rather or plurality OF The
votes cast on any given question, un.
less there is some contrary specinca.
tions IN the organic law; and when
the trainers Of tho amendment proWl.
ed for the exercise OF the initiative
and the submission Of laws 10 the peo,
! pie through that agency, that neces'
sarily meant that the majority Of those
voting on any particular question
should control That, however does
not apply to the adoption OF amend
ments TO the constitution, for the OBJ
vlous reason that the constitution IT,
self provides another rule and the
trainers Of this amendment are pre-
eumed TO have omitted any other pro
vision in recognition Of the force OF
that provision,
Majority Needed.
"Wo arc OF the opinion, therefore
that the majority Of all votes cast q,
tho election, as shown by the returns
is necessary TO adopt proposed
amendment 70 the constitution inl
tlatod by the people, and that In this
instance the proposed amendment has
not received such majority, and thai
therefore It Is not legally adopted The
declaration OF the speaker OF The
House Of Representatives was there
foro bosod on misoonooptlon OF tn,
law and has no binding force when
we come TO consider as q judicial dues
ton the matter of the adoption Of tht
amendments
"The chancellor erred In dlsmissIni
the complaints IN these cases, ant
the decree IN each case IN reversed
and the causes remanded with dIree
tons TO enter deereea In accordance
with the prayers Of the complaints"
Tho auita began when Littio Rool
contemplated issuing bonds 20 finance
erection of city hospital The Ar5
suit was Med TO test validity OF III,
amendment which never had been rul
ed on by court Many towns ant
cities throughout the state have beel
contemplating extensive Improvement
under provisions Of the proposed
amendments, and several had tuhet
definite steps.