The Dermott news., 1915-03-25
BOND ISSUE
 DECLARED VOID
t35,5t7 TOTAL VOTES CAST, AND THE NUMBER NEEDED TO
 PASS WAS t3,00o
DEFEATED SECOND TIME
Two Years Ago Court Held Amend ments Were Filed With Secre-
 tary of State Too Late.
Little Rock

Little Rock Amendment No, Ii. 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 havo been adopted. would have had to re- ceiye a majority of the largest yoto cast The amendment did not receive majority of the largest vote cast. al though 1t did receive majority of the votes cast for and against it.
 Validity of the proposed coustitu. 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 tho largest vote cast and that 1t was not properly advertised
 The vote for governor in the election last fall totalled f35.5IT Under the Supreme Court S ruling. the proposed amendment would have to have re- ceived 67.759 votes. The measure re Ceived 547S2 votes The total vote on the proposed amendment was 95.2222 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 iu the decision
 In ruling on tho case. the Supreme Court s decision says:
 Tt would be doing a violence to tho designers of the framers of the amend mcnt to attribute to them the inten- tion to require a less number Of votes to adopt an amendment proposed by the people through the power of tac 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 wouii fail because there was no such speci. iiCation. This Is a government of ma. joritios, or rather Of plurality of tho votes cast on any given question un- less there is some contrary specified. tons iE the organic law. and when the framers of tho amendment provil. ed for the exercise of the initiative and the submission of laws to 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 tho adoption of amend ments to the constitution. for the oh- yious reason that the constitution it- self provides another rule. and tho framers of this amendment are pre- sumed to have omitted any other pro vision in recognition of the force of that provision
 Majority Needed.
 We are of the opinion thereforA that the majority of all votes cast at the election. as shown by the returns Is necessary to adopt proposed amendment to the constitution mi tated by the people. and that fin tats instance the proposed amendment h.s not received such majority. and tha, therefore it Is not legally adopted The declaration of the speaker of tho House of Representatives was there. fore based on Il misconception of tho law and has no binding force when We como to consider as n judicial ques- ton the matter of the adoption of tho amendments
 "The chancellor erred fin dismlssing the complaints in these cases. and the decree in each case Is reversed and the causes rcmaudod with diree tions to enter decrees in accordance with thc prayers of the complaints"
 The suits began when Little Rock contemplated issuing bonds to fnauce erection ot city hospital The nrst suit was filed to test validity of tha amendment. which never had been rui. ed on by q court Many towns and cities thronehout the state have been contcmplatins extensive Improvements under provisions of the proposed amendments. and several had taken definite steps
 FARM NOTES
 Rye VIII come ont early in tho