Opinion

Mason v. Jernigan

  • 260 Ark. 385
  • 540 S.W.2d 851
  • 1976 Ark. LEXIS 1806
Court
Supreme Court of Arkansas
Filed
Oct 11, 1976
Status
Published
Author
Harris
On the bench
Harris, Fogleman, Byrd, Roy
Cited by
13 cases
Authority
More cited than 10.9%

"Let it be remembered that the purpose of a ballot title is not to `interpret' the amendment, but only to summarize adequately the provisions of such amendment; nor is it our function in the present litigation to interpret the amendment itself"

How later courts described this case

  • "Let it be remembered that the purpose of a ballot title is not to `interpret' the amendment, but only to summarize adequately the provisions of such amendment; nor is it our function in the present litigation to interpret the amendment itself"

Written by the judges who cited it.

The opinion

Rehearing denied.

Carleton Harris, Chief Justice. In their petition for rehearing, petitioners contend that this Court’s decision is based on a sentence appearing in the opinion, taken from the holding in Fletcher v. Bryant, 243 Ark. 864 , 422 S.W. 2d 698 , viz., “and that where reasonable minds might differ as to the sufficiency of the title, same should be held sufficient.”

The petitioners are in error as to the basis of our holding in the present litigation. In fact, the quoted language might even be considered dictum 1 and, at any rate, means so little to the decision that we herewith amend the opinion by striking said language from same.

The crux of our holding, emphasized throughout the opinion, is that the summation in the ballot title is adequate and sufficient to summarize the changes proposed, is not misleading, and is not tinged with partisan coloring. As stated in Hoban v. Hall, 229 Ark. 416 , 316 S.W. 2d 185 , it is our duty to approve the ballot title where it “represents an impartial summalion of the measure.” See also Moore v. Hall, 229 Ark. 411 , 316 S.W. 2d 207 , and Bradley v. Hall, 220 Ark. 925 , 251 S.W. 2d 470 . That is our finding in this litigation.

Rehearing denied.

Petitioners state that this sentence, in Fletcher, was dictum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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