St. Louis Southwestern Railway Co. v. Kavanaugh
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The Constitution nowhere provides for a method of ascertaining the result of the vote upon an amendment. Hence the Legislature is without authority to pass an act prescribing the method of arriving at the result of the vote upon an amendment to the Constitution that would, within itself j be conclusive upon the courts in inquirng into the legal adoption of such amendment.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. The Constitution nowhere provides for a method of ascertaining the result of the vote upon an amendment. Hence the Legislature is without authority to pass an act prescribing the method of arriving at the result of the vote upon an amendment to the Constitution that would, within itself j be conclusive upon the courts in inquirng into the legal adoption of such amendment. Rice v. Palmer, ante p. 355; 48 L. R. A. 655. 2. Since the Constitution requires a majority of all the electors voting at a general State election, the…
1Opinion of the CourtHill, C. J.
This appeal questions the validity of Amendment No. 5 to the Constitution, commonly called the “Road Tax Amendment,” which was declared adopted by the Speaker of the House of Representatives on the 13th day of January, 1899, and duly certified and proclaimed as part of the organic law. The Constitution, art. 6, sec. 3, requires the returns for the election for Governor, Secretary of State, Auditor, Treasurer and Attorney General to be sealed up separately and transmitted to the Speaker of the House of Representatives, who, during the first week of the session, shall open and publish the vote…
2Cases cited2 opinions
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- Alford v. StateSupreme Court of Arkansas · 1901
3Cited by15 opinions
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- Grant v. HardageSupreme Court of Arkansas · 1913
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