Page:Leigh v. Hall.pdf/9

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566
LEIGH AND THOMAS v. HALL,
SECRETARY OF STATE
[232

effectuate its purpose. In the case of Reeves v. Smith, supra, this court enunciated the following guide posts for interpreting Amendment Seven: ". . . Amendment No. 7 necessarily must be construed with some degree of liberality in order that its purposes may be well effectuated. Strict construction might defeat the very purposes, in some instances, of the amendment.

"Another reason, not less cogent, is that Amendment No. 7 permits the exercise of the power reserved to the people to control, to some extent at least, the policies of the State, but more particularly of counties and municipalities, as distinguished from the exercise of similar power by the Legislature, and, since that residuum of power remains in the electors, their acts should not be thwarted by strict or technical construction. We are supported in this idea of more liberal construction by the following case: 'Ferrell v. Keel, 105 Ark. 380, 385, 151 S.W. 269, 272. In construing this amendment, it is our duty to keep constantly in mind the purpose of its adoption and the object it sought to accomplish. That object and purpose was to increase the sense of responsibility that the lawmaking power should feel to the people by establishing a power to initiate proper, and to reject improper legislation.'

"In Townsend v. McDonald, 184 Ark. 273, 278, 42 S.W.2d 410, 413, Chief Justice Hart, discussing State ex rel v. Olcott, 62 Ore. 277, 125 Pac. 303, said: 'This would make each sheet a separate petition and would be putting form above substance. No matter how many signers there are to a petition and how many sheets are used, they are pasted together and become a constitutent part of the same petition. It is only necessary that a full and correct copy of the measure on which the referendum is asked be filed with the petition and attached thereto, in order that the petitioners may have the opportunity to read it and inform themselves as to the act to be referred before signing the petition, if they wish to do so.'