Page:State v. Little Rock, Mississippi River and Texas Railway.pdf/11

. 31] to Little Rock, Pine Bluff and New Orleans Railroad Company, without first having obtained the consent of the people of the State by a majority vote at the ballot-box. Whether such consent had, or had not, been given before the act of July 21st, 1868, under which the bonds to aid in the construction of the road were issued, and whether the act was, or not, in force at the time, it is alleged, a vote was taken on the 3d of November, 1868, at which such consent was given by a majority vote, present the most important question for our consideration.

The 12th section of the act of July 21st 1868, provides that "at the next general election, to be holden under the provision of sec. 3, Art xv, of the Constitution of this State, the proper officers having charge of such election shall open a poll as in other cases, take and receive the ballots of the electors qualified to vote for officers at such election, for and against this act, and in compliance with sec. 6, Art. x, of the Constitution; such ballots to contain the words 'For Railroads,' or, 'Against Railroads;' and if it appears that a majority so voting have voted for railroads, this act shall immediately becoine operative and have full force and all laws heretofore passed for loaning the credit of this State in aid of railroads shall cease and be void; but if a majority shall be found to have voted against railroads, this act shall be void and of no effect."

It appears, from the journals of the legislature, which are made part of the evidence in this case, that the legislature took a recess, or adjourned, from the 23d of July, till the 17th of November of this year, and continued in session until the 10th of April, 1869, at which time it finally adjourned, the whole time, from the commencement of the session to its adjournment, being, in fact, but one session.

No provision was made by the act of July 21st, 1868, declaring the time when it should take effect, and where such is the