The Mena weekly star., 1916-10-12
RESTORING THE GOVERNMENT ID
 THE PEOPLE
..xNpmENT NO. 13 OF VITAL IM- ~ PoRTANcE TO EVERY
 VOTER.
,va, place the Law-Makins Power of The state in the Hands of the Peo- pIe and Restrict the Power of
 the Legislature.

Do the people of Arkansas want tho initiative and referendum?
 That the people are in favor of an initiative and Referendum law is shown by the decisive vote in favor ., inc present ,ss. V. nshieh was adopted by vote of 91,367 to S9,111. despite determined opposition by some strong influences.
 However, this law was so drawn that a construction has been placed mon it by the courts almost oppo- site that intended by it's framers.
 The people who depend upon secur- ing needed legislation through the legislature are frequently disappoint- sd. and under the old method of de- psnding wholly upon the legislature had no way of compelling obedience to their demands. It is true that If representative did not carry out their instructions they could refuse to re- turn him to the legislature. But this dId not give the legislation they want d, hence demand for more direct lexislation through the Initiative and Referendum, which was intended to plAce the controlling power of the etsss where it properly beiongs--in the hands of the people. The pres snt Initiative and Referendum law, sf course, was thougnl to be good, but 1t was the first experience of a law of this kind in Arkansas and wss much in the way of an experi- usnt and naturally showed defects upon trial. The principal differences in Amendment No. 13. and the pres snt Initiative and Referendum law are here presented.
 The Emergency Clause.
 l. The present law provides that fn case of necessity of immediate legislation, the legislature may attach an emergency clause to a measure which prevents its being referred to the people for their approval or re- lection. This would be perfectly proper in case of real emergency, but the courts have decided that ths legislature is the sole judge of what constitutes an emergency, and, there fore, may attach 1t to any measure they please. and winch they do not wish referred to the people This practically nullifies one of the origi- nal intentions of the Initiative and Referendum Law. The proposed Amendment No. 13 sIill gives the leg islature the power of attaching the emergency clause, but provides that 1t must pass by yea and nay vote of three-fourths of all the members elect ed and that the measure shall state facts which constitute the emergency.
 This leaves 1t possible for the leg hlature to protect the state in case of . real emergency, as there would be no trouble in getting three fourths vote in favor of measure if genuine emergency existed. The people are also protected, as it would be virtually impossible to get three fourths of the legislature to endorse an emergency clause if it did not really exist.
 Amending Initiated Laws.
 2. Under ehe present law a meas ure adopted by the people can pc amended or changed by the legisla- lure through the means of an ena- bling act. The Proposed Amendment Nc. l2 provides that the legislature cannot make a change except by a three-fourths vote of it's members.
 While an unfavorable legislature might secure a majority vote against inc wishes of the people, 1t would be almost impossible for them to get 6 three-fourths vote in favor of . change. Yet if 1t should develop that legislation passed by the people was really bad, there would be no trouble in getting 1t repealed or amended by . threefourths vote.
 The Power of the Courts
 8. It is we'll known that many times the wishes of the people have been defeated by a decision of the supreme Court, declaring that Iaw