The Harrison times., 1916-08-05


lty and county as TO all local. special
and municipal legislation OF every char
actef IN and for their respective munich
pSlities and counties
counties. cities and towns may pro-
vide for the exercise OF the Initiative
hnd Referendum as 70 their local legis-
taton. Petitions shall be filed with the
county or city clerk. Not more than
ten NO) per cent of the legal voters OF
any county, city, or town may be re-
CURED to order the referendum. nor
more than fifteen (5) per cent OF the
legal voters OF any such county. city or
town shall be required 10 propose any
measure by initiative petition
In counties or municipalities the num-
Der OF signatures required on petition
shall be computed upon the vote cast for
the Office OF county judge or mayor at
the last preceding election.
Every extension. enlargement, pur-
chase, grant. or conveyance of fran
chise. or of any rights. property, ease
ment, lease, or occupation of or in any
road. street alley or park, or any part
thereof in any real property, or interest
In any real property owned by munich
pal corporation, whether the same be by
statute, ordinance resolution, or other
wise. shall be subject to referendum and
shall not be subject TO emergency legis-
iatidn. The time for filing a referendum
q
measures shall not be fixed at less tnah
thirty days after the passage thereof by
municipal or local legislative bodies.
The word measure" as used herein,
means any law, bill. resolution, Ordi-
nance, charter, or constitutional amend
ment or any other legislative measure.
In the case of laws chiefly Of local in
terest. as the creation OF new or addi-
tiOnal judges, or other officers or offices,
referendum by petition shall be sub
mitted for approval or rejection to the
people Of the district interested.
All elections on general, local, and
special measures referred to the peOpN
Of the State or of any locality shall be
leld at the regular general election, ex-
lept when the Governor, County Judge
Dr. Mayo. shall order a special election.
State, counties, or municipalities may
provide for special elections on local
legislation
No limitation shall be placed upon
,he number of constitutional amend
nents or other measures which may Oe
proposed and submitted to the people by
either Initiative or Referendum petit
lions as provided in this section, nor
shall this section be construed TO con-
iict In any particular with Article 10,
Section 22 of the Constitution prOvtd-
ng for the submission of constitutional
amendments by the Legislative Assem-
tly ana InGlG duOpllOn ny lnt peOplts
This section shall not be construed to
1epriye any member of the Legislative
Assembly of the right to introduce any
measure but no measure shall be sub
mitted to the people by the Legislative
Assembly except proposed constltu-
:ional amendment, or amendment as pro-
Tided for in Article 10, Section 22 of the
Constitution.
Any measure submitted to the people
oy petition as herein provided shall taze
effect and became a law when approved
Dy a majority of the votes cast there
On and not otherwise. and shall not be
required to receive a majority or the
votes cast for candidates in such cleo
lion. Such measure shall be operative
IN and after the thirtieth day after the
election at which it is approved
The veto power of the Governor or the
Nayor shall not extend to measures in
tiated by or referred to the people.
If conflicting measures referred to the
people shall be approved by majority
IF the votes severally cast for and
against the same. the one receiving the
iigher number of affirmative votes shall
hereby become a law.
No measure approved by a vote OF the
people shall be amended or repealed by
the General Assembly or any city
Council except by yea or nay vote upon
,oll call of three-fourths of all the mem
ire be set aside, in whole or in part as
unconstitutional except by unanimous
decision of all the members of the Su-
oreme Court of the State.
Legal voters only shall be counted
lpon petitions. Petitions may be circu-
ated and presented in parts, but each
part of any petition shall have attached
thereto the affidavit of the person cir
.ulating the same, that all the sigma
lures thereon were made in the pres
ence Of the affiant and that to the best
)f the atlantis knowledge and hellet
.ach signature is genuine, and that the
person signing is q legal voter, and no
ofher affidavit or verification shall be re-
uuired to establish the gehuineness or
such signatures.
The sufficiency Of all Statewide petit
lions shall be decided in the hrst IN
stance by the Secretary of the state,
and of municipal and local petitions by
he City or County Clerk, subject to re-
view by the Supreme Court of the state
which shall have exclusive and original
Jurisdiction over all such cases.
If the sufficiency of any petition IS
challenged the question shall be tried at
once without reference to term, time OF
vacation, and adjudicated without ue-
lay: but the failure of the courts 10
decide prior to the election as 10 oe une
suficiency of such petition, shall not
prevent the question from being placed
unon the ballot at the election named
in such petition, nor initiate agalnst
the validity of the measure II IT snail
have been approved by vote or the peo-
ole, If the Secretary of state county
Clerk or CITY Clerk, shall decide any pc
zion to he insufficient he shall, without
delay notify the sponsors of the petit
zion and permit at least thirty days
from the date Of such notification 1or
correction or amendment. In tlse event
of legal proceedings to prevent giving
legal effect to any petition upon any
grounds, the burden OF prcor snali 20
upon the person or persons ATTACKING
the validity of the petition.
No law shall be passed requiring
distribution Of signatures upon petl-
tions in each of the counties or other
oolitical divisions Of the state nor 10
prohibit any person or persons from siy-
Inc or receiving compensation for cir
nu1ating petitions. nor to prohibit the
circulation of petitions nor In any way
20 Interfere with the freedom or the peo-
nle in securing petitions, but laws may
he enacted prohibiting and penaIlzing
any fraudulent practice, Sucn as PEI
fury, forgery or any other mlsdemeahor
In the securing or MING ol pet''loio' -,
All measures submitted to vote OF
the neople by petitions under the pro-
visions Of this section shall be pupllsn-
I'D "a is now or may hereafter be pro-
vided by law, ,,.,..s h., 81 .
neople and submitted under the proVS..
t IONS Of this section, shall be, BE IT
snacted sTms by BY the people of the state OF
Arkansas" (munici ~-lity or county az
the case may be-. In submitting meas,
nres to the people, the Secretary OF OF
state and all other officials snail De
guided by the general laws until au,
ditional legislation shall be proVioeo
therefor.