Page:Leigh v. Hall.pdf/4

A.] desirable. Even though the popular name need not be as explicit as the ballot title, Pafford v. Hall, 217 Ark. 734, 233 S.W.2d 72, it should not be used as a vehicle for unnecessary praise of the measure. In studying his ballot the voter is not bound by the rule of caveat emptor. He is entitled to form his own conclusions, not to have them presented to him ready-made."

Plaintiff Thomas argues that the word "Arkansas" is useless in the popular name and that it tends to give partisan coloring to the act and is calculated to arouse state pride. Only a general response need be made to this contention. The term "Arkansas" seems most appropriate in view of the fact that the act would apply only in the State of Arkansas. It is also argued that the word "overtime" in the popular name is misleading because it does not say overtime for what. Although individual words may be singled out for attack in a popular name title, their meaning should be ascertained from their context. Only the most naive would not understand the meaning of overtime when he reads the title "Arkansas Minimum Wage and Overtime Act". Besides, as we have previously pointed out, the popular name need not have detailed information in it. We see no merit in the contention that the popular name is partisan colored and misleading.

As to the sufficiency of the ballot title, the general principles of law applicable to ballot titles were well stated in Bradley v. Hall, 220 Ark. 925, 251 S.W.2d 470: "On the one hand, it is not required that the ballot title contain a synopsis of the amendment or statute It is sufficient for the title to be complete enough to convey an intelligible idea of the scope and import of the proposed law  We have recognized the impossibility of preparing a ballot title that would suit everyone  Yet, on the other hand, the ballot title must be free from 'any misleading tendency, whether of amplification, of omission or of fallacy', and it must not be tinged with partisan coloring."