The Newark journal. (Newark, Ark.) 1901-1959, 1916-08-10
Tho Initiative and Referendum powers

aeter in and Tor their respective muhloi-
nalfties and counties.
Counties cities and towns may pro-
vide for the exercise of the Initiative
and Referendum as to their local legis-
iotion Petitions shall be filed with the
county or city clerk Not more than
ten (f0) per cent of the legal voters Of
any county. city. or town may be re-
ouired to order the referendum. nor
more than fifteen (15) per cent of the
legal voters OF any such county city OF
town shall be required to propose any
measure by Initiative petition
In counties or municipalities the num-
her Of signatures required on petition
shall be computed upon the vote cast for
fhe office Of county judge or mayor It
the last preceding election
Every extension. enlargement, pur-
chase grant or conveyance of a fran
ehfse 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 a 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 legts-
Iation The time for filing a referendum
petition against municipal or local
measures shall not be fixed at less tnan
thirty days after the passage thereof by
municipal or local legislative bodies
The word measure" as used herein
means an law, bill. resolution ordf-
nance charter, or constitutional amend
ment, or any DtneI legislative measure.
In the case of laws chiefly OF local in
terest as the creation of new or addf-
tional judges, or other officers or Offices
referendum by petition shall be sub
mttted for approval ar rejection to the
people or the district Interested.
All elections ON general. local IND
special measures referred TO the peoplA
of the State or of any locality shall be
held at the regular general election ex-
sept when the Governor. County Judge
or Mayor shall order a special election
state counties. or municipalities may
provide for special elections on local
legislation.
No limitation shall be placed upon
the number of constitutional amend
ments or other measures which may ra
proposed and submitted to tho people by
either Initiative or Referendum petit
tons as provided IN this section nor
shall this section be construed 10 con
1iet in any particular with Article 10.
Section %. OF the Constitution prgvid-
ing for the submission OF constitutional
amendments by the Legislative Assem-
oily and their adoption by the people
This section shall not be construed 10
deprive any member Of the Legislative
Assembly or the right to Introduce any
measure. but no measure shall be sub
mItted to the people by the Legislative
Assembly except a proposed eoustlta=
tonai amendment, or amendment as pro-
vided for in Article -, Section - OF the
Constitution.
any measure submitted to the people
effect and became a law when approved
by majority of the votes east there
on and not otherwise and shall not be
required to receive a majority or the
votes cast for candidates in such cleo
ton Such measure shall he operative
OF and after the thirtieth day after the
election at which II Is approved
The veto power of the Governor or tne
Mayor shall not extend 10 measures In
tiated by or referred TO the people
II conflicting measures referred to the /
people shall be approved by majority /
Of the votes seVerally cast for and /
against the same. the one receiving the /
higher number Of affirmative votes shall |
hereby become law.
No measure approved by vote Of the +
people shall be amended or repealed by I
the General Assembly or any city /
Council except by Yea or nay vote upon i
roll call OF three-fourtbs IF al the mem
bers elected; nor shall any such meas
are be set aside IN whole or in part as
unconstitutional except by unanimous
decision of all the members OF the Su-
preme Court Of the state
Legal voters only shall be counted
upon petitions. Petitions may be ctfeu-
lated and presented IN parts. but each
thereto the affidayit Of the person cir
culating the same that all the sigma
lures thereon were made in the pres
enee of the afiant ard that TO the best
Of the atlantis knowledge and belief /
each signature IS genuine. and that the
person signing IS legal Hoter and no
other affidavit or vertacation shall be re. |
CURED 10 establish the geuuinehess OF |
such signatures.
The sufficieney OF all Statewide petit
tions shall be decided In the first In
stance by the Secretary of the state.
and of municipal and local petitions by
the city or County Clerk. subject to re-
view by the Supreme Court of the state
which shall have exclusive ana origmA
jurisdiction over all such cases
II the sufficieney Of any petition -
challenged the question shall be tried az
once without reference to term, time or
vacation and adjudicated without De
lay; but the failure of the courts 10
decide prior 10 the election. as TO the
suffclency of such petition, shall not
prevent the question from being placed
upon the ballot at the election named
in such petition. nor initiate against
the validity OF the measure if II shal
have been approved by a vote or the peo-
pie II the Secretary OF state county
Clerk or City Clerk shall decide any Pc
ton to be insufficient he shall, without
DELAY notify the sponsors of the peI-
ton and permit at least thirty Gays
from the date OF such notification Tor
correction or amendment In the event
Of legal proceedings to prevent giving
legal effect TO any petition upon any
grounds the burden of proof shail DE
upon the person or persons a''a't'i's
the validity of the petition.
No law shall be passed requiring
distribution OF signatures upon peu-
lions in each of the counties or othei
political divisions OF IHt 0Ahttf ftN'
prohibit any person or persons from XIV
Ing or receiving compensation Tor CT
culating petitions, nor to prohlptt Wv
circulation of petitions, nor In any way
10 Interfere with the freedom OF the pee
pie In securing petitions, but laws may
be enacted prohibiting and penaH1luR
any fraudulent practice such as per
Jury, forgery. or any other misdemeaao'
In the securing or filing OF petitions
All measures submitted to vote III
the people by petitions under the pr
visions of this section shall be putnam
ed as Is now or may hereafter he Pi'
vtded by law. -
The style of all bills. initiated oy tne
people and submitted under the proViS
Ions Of this section, shall be, Be ~
enacted by the people of the state on
Arkansas" municipality or county 40
the case may be-. In submitting he"s
ures to the people. the Secretary W
State and all other officials shail 40
guided by the general laws uhtll su ,
ditional legislation shall be preVlaeu
therefor.
The result OF the vote upon any
State measure shall be declared by tho
State Board of Election Commissioners
Tor the substitute Therefore, ana the Ie
suit of a vote for any city or town meas
ure shall be declared by the city Cen
trial Committee or Town Council tor
any substitute therefor).