It’s Quality
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HERRINGTON & SON §
GREETINGS TO OUR CUSTOMERS
As the good Old Year 1911 has passed into history,
we take occasion to express our sincere wish that the
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It has been our aim to give our customers exactly
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While we are conducting a busines for the purpose
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Again wishing you a prosperous year, and soliciting
a continuance of your patronage, Yours for business
Newark Lumber Company
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Newark, ..... Arkansas 1
INDEPENDENCE COUNT Y
VS. PEARCE
Batesville, Ark., Dec. 2(i, 1911.
Editor Guard.—I noticed an article
in last week’s Guard, headed, “Inde
pendence County vs. Pearce,” mean
inf!-, of course, Cul L. Pearce, in which
you pretend to give an account of the
matter of facts growing out of the case
which was disposed of in the chancery
court here on Saturday, Dec. 9, 1911,
and as this account of yours is so far
and different from the real facts and
truth of the case, that T thought you
would be willing to give me space in
your paper in which to correct the
mis-statemants of that article, as I am
assuming that your paper (the Guard)
wants to be fair and frank with the
voters of this connty, and that you do
not want to garble up and mis-state
facts, which may be favorable to your
choice for any office. Certainly a news
paper should be neutral and fair
enough to deal frankly and truthfully
witli its patrons and readers.
It is true that Judge Pearce present
ed and had allowed a special account
which he claimed for services as road
commissioner of Independence county.
This account was for $;i22 and was
presented after he bad been in office
about 18 mdnths, and after he had
been defeated in the primaries for re
election. It was said to be for services
that he had rendered extra of his du
ties as county judge as road commis
sioner. This account was allowed by
a special judge, who was appointed by
the governor to hear the case, and I
am told the appointment was made at
the instigation and suggestion of
Judge Pearce.
An appeal was taken from this al
lowance by me, as a taxpayer of
this county, to the circuit court, as
the law allowed, and upon a full hear
ing- and argument of the law of this
case, the circuit court, Judge Jeffery,
disallowed this account and held that
it was not a legal charge against the
county and could not be sustained,
and why? First, because the legis
lature of 11H35 had expressly abolished
the office of road commissioner of In
dependence county, and there was no
such office, and could not be. Sec
ondly, if this had not been done, as
counsel for Pearce contended, owing
to some technical defect in the law,
then in order to have a commissioner,
he would have to be elected by the
quorum court, and that brings me to
the next error in your statement of
the case.
You say that Judge Pearce was
designated and appointed by the
quorum court to perform this extra
service of road commissioner, and
that they afterwards also allowed him
pay for same. Such are not the facts,
and the records will not show to lie
the case. The truth is that the
quorum court knew nothing about
Pearce acting as road commissioner,
or that he was purporting to assume
to act as such, and never knew any
thing about his going to, or expecting
to charge the county extra for his
supposed service which he claimed to
have rendered, and did not know of
until after he had already presented
and has his account allowed by the
special judge. After he had drawn
the money, and more especially, after
I had taken the appeal from this
allowance, and he saw the illegality
of the matter so plainly, he then tried
to bolster up his action by having the
ouorum court pass a resolution en
dorsing the action of the county
court in allowing this claim, and I
am informed that this resolution was
prepared by Judge Pearce himself for
the quorum court.
1, therefore, say that Judge Pearce
was not authorised or instructed by
the qnorum court to do this supposed
work, and again, the quorum court,
as sucli, has no authority to allow ac
counts or claims against the county,
and its action in trying to make valid
the action of the county court in al
lowing this illegal account was clear
ly invalid and void, and the circuit
court so held.
Judge Pearce was at this time, and
had been drawing his regular salary
of $800 per year as county judge. His
duties as such required him to look
after the roads of the county and
oversee the overseers without any ex
tra pay, and more especially after the
Act of 1905, he could not draw a sal
ary as road commissioner ex-officio,
when that office had been abolished
and without any directions or author
ity from the quorum court
Section 1458 of Kirby’s Digest
plainly says, “that the county court
is prohibited from allowing to any
officer any fee or allowance not spe
cifically allowed such officer bv law,
and in no case shall constructive fees
be allowed to or paid officer* by any
county of the state."
This is a wise provision of the law
and was intended to prevent just such
occurrences as was sought to be per
petrated on this county in this in
stance.
Again, you say that the previous
judges, Lindsey and Wyeough, had
these same allowances made to them.
1 Ix'g to call your attention to the fact
that these judges collected this ser
vice under the old law before the road
commissioner was abolished from our
county, and Judge Wyeough only
drew $132.00 of this account, and he
was specifically elected and selected
by the quorum court in advance to do
•this work. Moreover, he and Judge
| Lindsey were then only getting a sal
j ary of $000.00 per year whereas Judge
Pea* oe was getting $800.(X) a year. In
fact the legislature only five days
after it amended the law, abolished
the office of road commissioner in
this county, pnssed a law raising^ the
salary of the county judge from$l>00.00
to $800.00 per annum, thus clearly
showing that they intended this raise
to cover all extra duties performed by
the judges of independence county.
Notwithstanding this raise, Judge
Pearce proceeded to appoint and con
stitute himself road commissioner and
in the short space of eighteen months
in office, about one-third of which
was spent in an effort to get renomin
ated for a second term, he presents an
account against the county for $322
for special services, and this, in ad
dition to his $800.00 salary. Now, if
you think it wrong to resort to the
law to force a man to pay back mon
ey wrongfully obtained under such
circumstances, then I must plead
guilty to this gross outrage.
Again, you are in error in stating
that this suit was revived under the
present administration. The fact is,
this suit, as to the validty of this ac
count, was pending in the circuit
court when Judge Pearce went out of
office. It was finally determined in
April of this year, 1911. The* circuit
court, however, did not have author
ity in the case as then before it to
render a judgment in favor of the
county against Pearce for the return
of the money which he had drawn,
but the circuit court merely disallow
ed the account.
Now it seems that Judge Pearce
would have come in and voluntarily
paid back the money which the courts
of his county had held that he had
unlawfully collected and from which
judgment he did not appeal to any
higher court, thus showing that he
and his counsel admitted the justice
of the lower court’s verdict, but he
did not do this. Therefore, it became
the duty of the county judge, under
his oath of office, to call the attention
of the prosecuting attorney to the
matter to the end that suit might be
instituted to recover this money,
which had been unlawfully collected
from the county. This suit was in
stituted by the prosecuting attorney
and special counsel in the circuit
court. Judge Pearce’s counsel, at the
October term of the circuit court, had
the suit removed to the chancery court.
It came up for hearing on Saturday,
the 9th of December, 1911, and the
chancery court rendered judgment
against Judge Pearce for the amount
of money ($322) he had collected,
with interest.
This is a true statement of the facts
in the case, which I desire that you
publish, that all citizens of Indepen
dence county may know in order that
they may be correctly informed about
the matter. Yours truly,
C M. F'un.v
(Adv.)—Batesville Guard.
TRUSTEE’S SALE
Notice is hereby given that the un
dersigned. as Substituted Trustee, by
virtue of a certain Deed of Trust giv
en by Augusta Nelson to secure an
indebtness due Geo. F. Grosser, will
offer for sale at Public Auction to the
highest bidder for cash in hand, in
front of Geo. F. Crosser’s office in
Newark, Arkansas, on
SATURDAY, JANUARY 6, 1912,
Between the. hours for judicial sales,
the following described personal prop
erty, to-wit:
Two feather beds,
One bedstead,
One sewing machine,
Three quilts,
Two tables and tableware
Given this 27th day of December,
1911. Jesse L. Grosser
Substituted Trustee.
C
PLAN TO INSURE 15C
COTTON FOR 1912
Do you wish to insure 12c to
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And would yon l>e sure of a
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Then write and let me explain
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my plan at no money. Address
T. J. KING
Richmond, Virginia
R. K. MCHENRY
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SULPHUR ROCK, : ARKANSAS
COMfllSSlONERS SALE OF LAND
Notice is hereby given that the un
dersigned, as Commissioner in Chan
cery, pursuant to a decree of the Inde
pendence Chancery Court at its De
cember term, on the 8th day of
Decerrd>er 1911, a day of said term,
and on record in the records of the
proceedings of said court in Record
Book *‘K" at page 330, in a suit
therein pending between J. H. McDon
ie), Cletie Bearing, Maud Foot, Exie
Adams, Ettie Hulsey. Narcie Rice,
James F. Rice, Georgia Rice, Morg
C. Magness, Bertha Cuines, Lillie
Winston, W M. Eaves, Watson Eav
es, Arie Kirkland, Onie Robertson,
Iva Griffin, Elizabeth Griffin, and
Fannie McDoniel, Ella McDoniel,
Meedy Xu her, Eugene G. Magness,
Arvie Eaves, Morgan Eaves, Ernest
Eaves, Eula Griffin, Henry Griffin,
and Eloise Hurt, minors, by their
next friend J. H. McDoniel, as plain
tiffs, and J. T. McDoniel as defend
ant, will offer for sale to the highest
bidder on a credit of four (4)
months, on
MONDAY, JANUARY 29th, 1912,
between the hours for judicial sales, *
at the Main street door of the Court -
house in the city of Batesville, Ar
kansas, the following described lands
lying and being situated in the County
of Independence and State of Arkan
sas, to-wit:
The S. W. half of the N. W. quarter:
The S. E. qtr. of the N. W. quarter;
The S. W. qtr. of the N. E. quarter;
The S. E. qtr. of the N. E. quarter;
The N. W. qtr. of the S. W. quarter;
The N. E. qtr. of the S. W. quarter; 1
The S. W. qtr. of the S. W. quarter;
The S. E. qtr. of the S. W. quarter
The frl. West half of the S. E. quar
ter; all of said lands lying in Section
21, Township 13, North Range 4 west.
The above lands will be offered for
sale in forty acre tracts or fractional
parts thereof first, and then all of
said lands shall be offered at the same
time and place for sale in a bulk, and
if said bulk sale should amount to
more than the sale made in forty acre
tracts or fractional parts, then said
lands shall l>e struck off and sold to
the person or persons so offering the
highest price fob all of said lands.
The purchaser or purchasers of said
lands will be required to execute a
note bearing interest at the rate of
ten per cent per annum from the date
of sale until paid, with approved se
curity and a lien will be retained on
said land for the purchase money.
This January 2nd, 1912.
Geo. L. Sevens,
Commissioner.
I. n. CHEAP RATES
Hot Springs, all-year tourist
rate, $7 for round trip.
F. C. Hoyt, Agent.
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