Legal Opinion · Dissent

Leigh v. Hall

Supreme Court of Arkansas

Decided October 17, 1960No. 5-2273, 5-2274Published

1DissentEd. F. McFaddin, Associate Justice

I find myself unable to agree with the majority opinion, because I am thoroughly convinced that the sponsors of the proposed Act failed to comply with the clear requirements contained in Amendment No. 7 to the Constitution relating to the publication of the proposed Act thirty days before filing. Here is the said provision in the Constitution:

“Initiative — The first power reserved by the people is the initiative. . . . Initiative petitions for State-wide measures shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon;…

2Cases cited6 opinions

  1. Orr v. CarpenterSupreme Court of Arkansas · 1953
  2. Horn v. WhiteSupreme Court of Arkansas · 1955
  3. Fitzgerald v. StateCourt of Criminal Appeals of Texas · 1920
  4. McWilliams v. ClampittSupreme Court of Arkansas · 1938
  5. Laughlin v. FisherSupreme Court of Arkansas · 1920

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