The Springdale news. [volume] (Springdale, Ark.) 1887-1990, 1916-10-13


is a heavy penalty attached to illega
signing, or illegality on the part IF
the solicitor, and as he has to swea'
TO the correctness of his list. the state
is protected, and the proof should d..
volve upon the opponents to prove
the signatures illegal, otherwise I'll
most meritorious measure could be
defeated by challenging the genuine
ness Of the signatures and delaying
the Investigations until the election.
In view of the above, the proposed
Amendment No. 13 requires the OBJ
jector to furnish the proof that names
are illegally signed.
Gives the People a Chance.
5. Under the present law no mat
ter how popular measure may be
with the people. nor how great the
number or signatures obtained TO inl-
tiate it, if it can be thrown into the
Supreme Court, before decision
could be rendered by that body the
election would have occurred and the
measure would be left off the ballot,
and of course could not be voted upon
and the will of the people again de-
feated
The proposed Amendment No. Is
provides that when the petition is re-
ferred to the Supreme Court and can
not be heard in time for the election,
that it shall be placed upon the ballot
just the same and the people given an
70
6 It was undoubtedly the inten-
ton of the present Initiative and Rer-
erendum law that the people should
have the power of initiating as many
amendments as they desired but the
courts differed upon its interpreta-
ton, the majority contending that the
former law was unchanged and that
only three amendments could be SUB
submitted at one election, regardless
of whether they were submitted by
the legislature, initiated by the peo-
pie, or both. This Interpretation
makes II possible for the people %
be deprived of the power to initiate
any amendment, as the legislature
might submit three amendments, in
which case the people could not inl-
tiate any. The proposed Amendment
No. Is makes this plain by especially
providing that the people may sub
init any number of amendments they
choose.
Local Legislation.
T. 1t is we'll understood in the
of n WI oh local q
lation has burdened the legislature.
II was clearly the intention Of the
present Initiative and Referendum
law to provide that local legislation
should be handled by the locality in
terested, but the courts decided that
this provision in the law was not op-
erative. consequently local legisla-
ton is still burden TO the legisla-
ture.
The proposed Amendment No. IL
provides that local legislation shall
be handled by the community az
fected and also provides safeguards
whereby local legislation shall not
conflict with state laws.
Majority Shall Rule.
s. There seems to be some doubt
as to whether the present law clearly
indicates that a majority of the votes
cast on measure may carry it, or
whether it requires a majority of
the greatest vote cast for any officer
In the proposed Amendment No. Is
il is made clear that only majority
vote of those cast on the measure it.
self is required to adopt.
Il will be noted by the above that
all of the changes are designed to do
away with "jokers" that seriously inn
pair the efficiency of the present law,
and present strong arguments for tho
adoption Of Amendment No. 10.
Amendment No. 10 will be submit
tod to the electors Of the state at the
next general election to be held Tues
day. November 7, 1916.