The Newark Journal.
Pubushed In The Famous White River Country, where Alfalfa is kino
$1 Per Annum
Newark, Independence County, Arkansas, Friday, June 7, 1912
Vol. 12, No. 9
WHERE WILL IT END?
Huddle Raised by the I. and R.
May Result in Framing
New Constitution
Did the people know what they
wanted, and what they doing,
when they adopted the Initiative
and Referendum Amendment to
the Constitution?
Are the people superior to the
Constitution, or are they restrict
ed by the Constitution?
Shall there be one sovereign
state or as many petit sovereign
ities as there are counties and
municipalities?
Shall Arkansas be turned over
to 'Chaos, or shall its laws and its
law-makers be harmonized and
unified?
Does the English language mean
what it says, and if its meaning
be susceptible of harmful interpre
tation, in statute or amendment,
may the courts read out of it some
less vicious meaning?
1 hese are some or the questions
that are now confronting the Su
preme Court of Arkansas, and the
situation is truly a momentous
one because of the far-reaching
interests involved. Untold con
fusion has come of the effort at
direct legislation, and it is unlike
ly that even the Supreme Court
will be able to solve all these diffi
culties. The Legislature will be
forced to make another attempt
at the Enabling Act, the present
one being admittedly loose and
ambiguous, if not presumptions in
its pretended restrictious of pop
ular legislation? Out of it all, it is j
the growing belief of those who
watch the trend of affairs, will
come a constitutional convention,
either called by the next Legisla
ture, or initiated by the people
This is believed to be the only real
solution of the difficulties that con
front the state in its attempt to
harmonize its dual legislative pow
ers. The sentiment in favor of a
Constitutional convention has been
growing for several years, and the
present situation is forcing its re
alization.
On the l/th, the supreme court
will attempt to solve the I. and R.
puzzle, and as the supreme court
has the last guess at it, the court’s
decision is awaited with much in
terest by those who have studied
the matter.
Whatever view may be taken of
it, here are some extracts from At
torney General Norwood’s argu
ment of the case that the court
will not be able to brush aside
lightly:
“Our position is that Amend
ment No. 10 must be read in con
nection with the entire Constitu
tion, and that if the words of the
Amendment are susceptible of
two constructions, either of which
is warranted by the words of the
Amendment, that construction is
to be preferred which best har
monizes the Amendment with the
general terms, tenor and spirit of
the whole Constitution.
“To construe theAmendment as
contended by the appellees each
clause of the Amendment would
nullify the other. For example:
“If the municipality has the
right to propose and pass a law
contrary to the general state law,
then the county in which such mu
nicipality is situated cannot pass
any law in conflict with that mu
nicipal law in force, so as to affect
that city, although the city is in
the county, thus nullifying that
power supposed to be reserved to
the people of the county; likewise
the people of the state could not
pass any law to be in force in a
city contrary to such city law,
thus nullifying that reserve of
power to the people of the state.
And this state of affairs exists in
each instance, each power nullify
ing the other. If the people of a
county are supreme in that coun
ty, then the people of the state
have no place in which to be su
preme, because the whole state is
covered by counties, and there is !
no territory left. What endless
confusion, nullification and conflict J
by any such interpretation?
“For the people of a state to au-1
Lhorize the people of a county or
municipality to repeal a law en
acted by the people or by the Gen
eral Assembly, or to pass a law in- i
consistent with such laws, would '
be a recognition of the supremacy !
of such counties and municipals i
ties and would amount to the;
state surrendering its sovereignty,;
and we insist that the people ol
the state did not intend to do this,
and cannot do this even upon local
affairs.
“County and muncipalities have
no right to complain at what the
apellees insist is an unwarranted
limitation placed upon their pow
ers by the Enabling Act, because
counties and muncipalities had no
powers to reserve. The reservation
of power to the people of counties
to enact laws is a new departure
in the history of governments, and
it has never been attempted or
thought of, so far as we are advis
ed, anywhere on earth except in
Arkansas, to give counties and
municipalities power contended for
by the appellees.”
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THEY TAKE THE LEAD! /
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The E JW F and Flanders Cars are
$300 cheaper and $500 better
Builders Supplies, Lime, Cement,
Plaster, Furniture, Stoves, Ranges,
Wagons, Buggies and Machinery.
I C. W. MAXFIELD CO.
Batesviile, Ark.
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Zed Griffith and little son, Z. L,
of Oil Trough, were in town on
business Wednesday.
We have posted our pasture at
the Eller farm and will prosecute
all tresspassers. Eller Bros.
Mrs. Rilla Baker and daughter,
Miss Iva, went to Newport Tues
day to spend a few days with rel
atives.
Col. R. R. Poe of Clinton arrived
yesterday to spend a few days
with his son, Dr. L. G. Poe and
family.
Miss Mattie Martin was down
from Sulphur Rock Tuesday to
attend the funeral of Mrs. R. B.
Adams.
Little Miss Bernice Griffith of
Oil Trough is spending a few days
in town, the guest of little Miss
Nobe Edgar.
C. P. Vaughan returned Wed
nesday night from Little Rock j
where he attended the Democratic
State Convention.
Mrs. Ed Martin and her moth
er, Mrs. Bell, of Sulphur Rock,
spent yesterday in town, the
guests of Mrs. E. E. Allen.
Mrs. Birdie Holloway and little
Ruby Ray of the Elgin neighbor
hood came up Tuesday to attend
the funeral of Mrs. R. B. Adams.
J: A. Greenhaw, a prominent
citizen of Jackson county, arrived
yesterday to spend a few days j
with his daughter, Mrs. J. E.;
Porter.
Of course vou wish to increase j
your ANNUAL INCOME! The
superb new Year Book of Joplin
Business College tells you HOW.
Enter any time — no vacations.
Position for every graduate.
Rev. E. A. Tabor of Little Rock
delivered a splendid lecture on
Christian citizenship at the Metho
dist church here Tuesday night.
Rev. Tabor is a forceful and logi
cal speaker and his lecture was
greatly enjoyed by his hearers.
Fid, the little daughter of Mr.
and Mrs. Whorton Arnold who re
cently moved from here to McKit
trick, Cali., was seriously poisoned
a few days ago by eating canned
tomatoes, but her mother writes
relatives here that she is improv
ing.
Senator T. J. Raney is spending
the week in Little Rock attending
the Democratic State Convention
and incidentally boosting his can
didacy for president of the senate.
He has many strong supporters
and the present outlook seems
very favorable for his election.
Every temptation resisted, ev
ery noble aspiration encouraged,
every sinful inclination repressed,
every bitter word withheld adds
its little item to the impetus of
that great movement which is
bearing us and all humanity on
ward toward a richer life, a higher
character and a nobler destiny.
W. J. Caldwell, of Oil Trough,
Democratic nominee for represent
ative, spent Monday in town. Mr.
Caldwell is district deputy for the
Tribe of Ben Hur and is doing
some good work for this excellent
order. A few months ago he insti
tuted a lodge at Oil Trough and
the lodge there now has more than
a hundred members.
ORDINANCE NO. 44
An ordinance to provide for the
levying of assessments on property
of Sidewalk Improvement District
No. 1, of Newark, Arkansas,
i Whereas, The majority in value
of the property holders owning
property adjoining the locality to
be affected and situated in Side
walk Improvement District No. 1,
organized for the purpose of build
ing sidewalks and grading and
improving streets, have petitioned
the council of the Town of New
ark, Arkansas, for the construc
tion of said improvement, and that
the cost thereof shall be assessed
upon the real property of said dis
trict according to benefits receiv
ed; and,
Whereas, Said benefits received
by each and every block, lot and
parcel of real property situated in
said district equals or exceeds the
local assessment thereon; and,
\\ hereas, The estimated cost of
said improvement is $7,866.63,
Therefore, It is now ordained
by the town council of the Town
of Newark, Arkansas, that said
several blocks, lots and parcels of
real property in said district be
assessed according to the assess
ment list for said Improvement
District as the same now remains
in the office of the Recorder, and
that two per centum on each of
said blocks, lots and parcels shall
be paid annually on or before the
1st day of January until the whole
of said local assessment shall be
paid.
And said local assessment shall
be a charge and a lien against all
the real property in said district
from the date of this ordinance.
That this ordinance take effect
from and after its passage and
publication.
Passed and approved this 5th
day of June, 1912.
E. H. Williamson, Mayor.
J. B. Ketchem, Recorder.
MRS. R. B. ADAHS DEAD
Mrs. R. B. Adams died at her
home in this city Monday evening,
after an illness of only a few days.
Her death came as a great shock
to her family and many friends, as
they hardly realized that she was
seriously ill until a few hours be
fore her death.
Mrs. Adams was a most excel
lent Christian lady and her death
is a distinct loss not only to her
family and friends hut to the
community as well.
She is survived by her husband
to whom she was ardently devot
ed. She is also survived by her
mother, two sisters and one broth
er. She was a member of the
Methodist church and was also a
a member of the Eastern Star, the
Royal Neighbors and the Wood
men Circle. Funeral services were
held at the Methodist church Tues
day afternoon, Revs. E. A. Horn
and A. H. Dulaney conducting the
services. The remains were buri
ed at Blue Springs.
WOODMEN CEREMONIES
Next Sunday at 2:30 p. m. the
Woodmen of the World and the
Woodmen Circle will hold a joint
unveiling and decoration ceremony
at Blue Springs cemetery. All
members of both orders are urged
to be present and participate in
these ceremonies in honor of the
deceased members of the orders.
Hon. Dene H. Coleman of Bates
ville will deliver an address at the
cemetery.
NEWARK A (iOOD TOWN
Our article in the Progress last
week in regard to a short visit paid
to Newark, a splendid little town
in Independence county, brought
forth a response from the Bates
ville Guard in defense of Bates
ville. We said that Newark was a
better town than its neighbor city,
according to population, and we
still say so. Newark hasn’t the age
that Batesville has, is not the coun
ty site, has not the ollege that
Batesville has, does not have the
Odd Fellows and Masonic Orphans
Homes and a few other things we
could mention. Newark, also, has
not some things to her disadvant
age that Batesville has. ** We are
accused of “using a hammer”
against Batesville. We plead not
guilty; we are simply stating facts.
Having resided in Batesville 20
years, and being perfectly familiar
with the subjects we discussed in
the article referred to, we have
nothing to take back.—Wynne
Progress.
CARD OF THANKS
There are hours that come into
the lives of some when every im
pulse of the heart is buried under
its weight of sorrow. We stand
there today; yet we would fain
give expression to the gratitude
that wells up from the depth of
our hearts as we remember the
generous kindness of the many
good friends who so nobly render
ed assistance during the illness and
death of our beloved wife and
daughter. WTe can but hope that
friends as true may gather around
each one of them should sorrow in
vade their home. R. B. Adams.
Mrs. Jane McAhron.
DIP T1ANY CATTLE
C. P. Vaughan went out to Cord
Monday and charged the dipping
vat recently put in at that place,
and 194 head of cattle were dipped
Tuesday. As the work is being de
monstrated and the people see the
value of it, opposition is decreas
ing and it is reported that many
persons who fought the move
ment bitterly are now having
their cattle dipped and are other
wise lending assistance to the
work of eradicating the ticks.
TOO HUCH BOOZE
Judsonia, June 4.—Charles Had
den, employed in W. E. Cullum’s
barber shop at this place, died Sun
day night at his boarding house
from the effects of poisonous
liquors. He had been drinking con
tinually for about two weeks.
BARN BURNED
Mrs. Nathan Prince's barn was
totally destroyed by lire Tuesday
night about 10 o’clock. The stock
in the barn was saved but a small
amount of corn was burned. The
origin of the fire is unknown.
IS HE ALONE TO BLAME?
ninlster Asks Pointed Questions
Which Hay Touch Sensitive
Spot on Some One
And J. E. Porter has gone to
the United States prison in Geor
gia. Is he alone responsible for his
downfall? Let every man and boy
in Newark, and Newport, and
Batesville, who ever drank with
him, or encouraged him in drink
ing, stand up and answer. While I
do not condone his personal of
fense, nor apologize for his sin,'yet
he is far, far, from being alone in
this disgrace and ruin to him and
his suffering family. "Woe to him
that putteth the bottle to thy
neighbors lips and maketh him
drunken,” is the plain word of
God, and it will not return unto
God void. The reaping will come
by and by, for God says so. Will
his comrades in drink and gamb
ling now rally to his family, or will
they pass by on the other side, say
ing the “d fool ought to have
had better sense.” That he ought,
and so ought they, and they
can never dodge the grave respon
sibility, neither for time nor eter
nity. Liquor saps the foundation
of moral integrity from under a
man, and when that is gone there
is not much left but wreck and
remorse.' Will this be the last vic
tim for Newark? I humbly trust
so. It is one too many. May there
never be another.
We are now at our wave-washed
and water-stained home. The wa
ter mark in our house stands two
full feet, but we are happy and
healthy. Had two fine services
yesterday and are pulling our
selves together for a forward
movement. We hope to make good
yet. We feel indebted to our many
friends at Newark and Sulphur
Rock for kindness shown us dur
ing our stay in the hills, and Ao
others for invitations that \iWid
not use; will keep them on the line
for the future. Garden planted and
up in less than a week; chickens
all back again, clucking, cackling
and crowing; and the preacher and
his favorite dish have met again.
Jas. F. Jernigan.
Marked Tree, Ark., June 3.
ARKANSAS FOR CLARK
The Democratic State Conven
tion in session at Little Rock this
week, instructed the delegation to
the national convention to vote
for Speaker Champ Clark for the
Democratic presidential nomina
tion.
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Ccpriiiht 1909, i/ C. E. ZiEmeimin C0.--N0. 14
: * BRAHAM LINCOLN wasted neither {
f ft time nor money* He applied his time ^
j well, and he saved his money* Why don't 1
f you do the same? f
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! FIRST NATIONAL BANK I
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OF NEWARK