Pocahontas star herald., 1924-10-16
Little Rock letter

| Little Rock, OCT l5.-Agaln mas the
/ win Of the majority been defeated by
the silent vote Of the state. Again
has the practical impossibility Of amend
ing the constitution been demonstrated
! in a forcible manner. II is doubtful
If three more worthy or necessary
amendments have been proposed in
many years, as those which appear to
have been defeated on October 7th
There was no general or organized
opposition to any of them only here
and there a sporadic word Of protest.
At first it appeared that all amend
ments would carry, but as the returns
from the rural districts began to come
in. the majorities were cut Number
10, increasing the personnel of the
Supreme Court suffered worse of all.
No. II. to authorize the issuance of
bonds for existing Indebtedness, held
its own the best while No. ~, pro-
hibiting special legislation, was close
second. At this time it appears prob
able that the official count will he nee
essary to determine the fate of the
amendments, although there is little
hope that they will prevail.
The anOmylOus condition of a major
ity being thwarted by an apathetic
minority is due to the peculiar con-
structon that has been placed upon
the constitutional provision for amend
ments by the Supreme Court, Several
years ago the Supreme Court decided
that an amendment must have major
ity of the total number of votes cast
at the election instead of only major
ity of the votes cast on the subject.
Many of the amendments proposed in
recent years have received n majority
of the votes thereon and have still been
lost. This is true of the three amend
ments just submitted. each of which
received splendid majorities. 1t was
the Indifferent, the ignorant or the
careless voter. however. who did not
vote either for or against. who defeat
ed the amendments, since his failure
to vote was counted in the negative.
Out of partial returns accounted for
last Saturday, amounting to II ,232
votes for Governor, only 54.99S voted
on the amendments, leaving 1884
who failed to vote at all. They might
as well, however, have voted against
the amendments as their silence was
counted against them.
1t is admitted that the constitution
should not be too easily amended, but
TO make it amendment proof and
thoroughly non-elastic is to defeat the
will of majority of tha people. Now
/ the question arises, what is the
remedy?
One of the remedies which will be
proposed at the next session Of .he
legislature will be to change the form
of the ballot for the submission of
amendments. 1t will be proposed that
there be printed on the ballot only
the words For Amendment Mo-.
Then the voter, if he is opposed to the
amendment will scratch the words. If
he is for it, or is ignorant or careless
about il and leaves the line on his
e ticket unscratched, he win be recorded
t in the affirmative. This is certainly
more reasonable than the present sys-
| xxrhf.l. III esI l.,
f the negative.
. Another loophOle has been suggested
by constitutional lawyers who believe
that the Initiative and Referendum.
Amendment No. I, supersedes the rule
of majorities as applied by the Su-
, preme Court One sentence in the
amendment, if taken by itself might
easily be construed to support this
theory. This says, ANY measure re-
ferred to the people shall take effect
and become law when it is approved
by majority of the vote cast thereon
and not otherwise" Whether this rule
can be made to apply to the adoption
or cOnstutlOnal amendments submitted
by the legislature is question which
the courts have not yet been called
upon to determine. Already there is
being agitated the proposition of start
, ing test case on one or more of the
amendments should they prove to have
been defeated. Should No. 10 be Sc
lected for the test, the present Supreme
III UCourt would disqualify and a special
court be appointed to pass upon the
question. 1t is agreed by progressive
citizens that the time has come when
1 The brakes must at least be loosened.
rs Unless some action is taken by Oct
SrOber Is, there will be no Lafollette
fa electors on the ticket in Arkansas in
|sr nv.