The Green Forest tribune., 1915-03-26
CITY BOND ISSUE
 DECLARED INVALID
SUPREME COURT MAKES THIRD DECISION ON THE BOND
 AMENDMENT.
MAJORITY NOT RECEIVED
Chief Justice Hands Down Opinion Concurred By Four Other Mem
 bers of the Court.
Little Rock

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 havc been adopted, would have had to re- ceive a majority of the largest vote cast. The amendment did not receive 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 1t did not receive a majority of the properly advertised.
 The vote for governor in the election last fall totalled 135,517 Under the Supreme Courts ruling, the proposed amendment would have to have re- ceived 67,759 votes. The measure re- celved 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:
 Tt would be doing a violence to the designers of the framers of the amend ment to attribute to them the inten- t1on to require less number of votes to adopt an amendment proposed by the people through the power of the Initiative than one submitted by the General Assembly.
 Tt is earnestly insisted that this view of the matter leaves Amendment No. 10 without any specification at all as to the number of votes necessary to enact or adopt an initiated bill. That this is true, but it does not follow that that feature of the amendment in this kind of enabling legislation would fail because there was no such speci- flcatlon. This is a government of ma Jorlties, or rather Of plurality of the votes cast on any given question, un- less there is some contrary specified tons Iii the organic law; and when the framers of the amendment provi.l- ed for the exercise of the initiative and the submission of laws to the peo- pie through that agency, that neces- sar1ly 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 ob- vlous reason that the constitution it. self provides another rule, and the framers of this amendment are pre- sumed to have omitted amy other pro- vision in recognition of the force of that provision.
 Majority Needed.
 We are of the opinion, therefore, that the majority of all votes cast at the election, as shown by the returns. is necessary to adopt proposed amendment to the constitution ini. tiated by the people, and that in this instance tha pronocod apoorar. not received such majority, and that therefore it is not legally adopted. The declaration of the speaker of the House of Representatives was there. fore based on misconception of the law and has no binding force when we come to consider as a judicial ouas- ton the matter of the adoption of the | amendments.
 The chancellor erred in dismissino the complaints in these cases. ana the decree in each case is reversed ana the causes remanded with d,reo. tions to enter decrees in accord.noa With the prayers of the complaints"
 The suits began when Little Roc1r contemplated issuing bonds to finance erection of a city hospital. The first suit was filed to test validity of the amendment, which never had been rp1, ca on by court. Many towns an6 clties throughout the state have beer contemplating extensive Improvements under provisions of the pronosa, amendments, and several had tol,o,, definite steps,
 | FARM NOTES.