State ex rel. Little Rock v. Donaghey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This suit was brought to compel by mandamus the State Board of Election Commissioners to canvass the returns and declare the adoption of proposed Amendment No. 15 to the Constitution of Arkansas, initiated by 8 per cent, of the voters, it being alleged that same had been duly submitted in accordance with law and adopted, receiving at said election 76,660 votes in its favor, with…
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This suit was brought to compel by mandamus the State Board of Election Commissioners to canvass the returns and declare the adoption of proposed Amendment No. 15 to the Constitution of Arkansas, initiated by 8 per cent, of the voters, it being alleged that same had been duly submitted in accordance with law and adopted, receiving at said election 76,660 votes in its favor, with only 53,089 votes against it, and by the terms of said amendment the said board was authorized and required to declare…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Can more than three amendments to the Constitution be proposed or submitted to the people at the same time or election for their approval or rejection?
The people are the source of all political power, and it has never been doubted that according to the institutions of this country the sovereignty of every State resides in the people of the State, and they can alter or change their form of government at their own pleasure. Whether they have done so, is a question to be settled by the political power, and when that power has decided, the judiciary can but…
2Cases cited12 opinions
- Hammond v. ClarkSupreme Court of Georgia · 1911
- Hodges v. DawdySupreme Court of Arkansas · 1912
- State ex rel. Halliburton v. RoachSupreme Court of Missouri · 1910
- State v. MartinSupreme Court of Arkansas · 1895
- Rice v. PalmerSupreme Court of Arkansas · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brickhouse v. HillSupreme Court of Arkansas · 1925
- Polk County v. Mena Star Co.Supreme Court of Arkansas · 1927
- Chesshir v. CopelandSupreme Court of Arkansas · 1930
- Hildreth v. TaylorSupreme Court of Arkansas · 1915
- Tindall v. SearanSupreme Court of Arkansas · 1936
19 more not listed; retrieve them via the Exa API.