The Spectator., 1915-03-26
BOND ISSUE
 DECLARED VOID
135,517 TOTAL VOTES CAST, AND THE NUMBER NEEDED TO
 PASS WAS 13,000
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. 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 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 majority of the largest vote cast and that 1t was not properly advertised.
 The vote for governor in the election last fall totalled 135,517 Under the Supreme Courts ruling, the proposed NOulu nave Uo nave IS- ceived 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 1t 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- tion to require a less number of votes 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- | fication. This is government of ma jorities, or rather Of plurality of tho votes cast on any given question, un- less there is some contrary specifica- tions in the organic law; and when the framers of the 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 the adoption of amend ments to the constitution, for the ob- vious reason that the constitution it. self provides another rule, and the 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, 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 mi. tiated by the people, and that in this instance the proposed amendment has not received such majority, and that therefore 1t is not legally adopted The declaration of the speaker of the House of Representatives was there fore based on a misconception of the law and has no binding force when We come to consider as judicial ques- ton the matter of the adoption of the amendments.
 "The chancellor erred in dismissing the complaints in these cases, and the decree in each case is reverse,, and the causes remanded with direc. tions to enter decrees in accordance with the prayers of the complaints"
 The suits began when Little Rock contemplated issuing bonds to finance erection of city hospital The first suit was filed to test validity of the amendment, which never had been rul. ed on by a court. Many towns and cities throughout the state have been contemplating extensive improvements under provisions of the proposed amendments, and several had taken definite steps.