All Printed
At Home.
The Newark Journal.
All Printed If
At Home. I'
PUBLISHED IN THE FAMOUS B,G BOTTOM COUNTRY, WHERE ALFALFA IS K!NG.
$1 Per Annum.
Newark, Independence County, Arkansas, Friday, November 4, 1904.
Vol. 4. No. 45. * ,
THE GOVERNOR CAN
NOT FILL VACANCIES
Amendments 2, 3 and 7 Were Not
Adopted, Says Murphy.
Teat Case Will Probably be Taken to
Supreme Court From Lin
coln County.
In an opinion rendered recently
Attorney General George \V.
Murphy holds tin; amendment
No. 8 to the state constitution,
giving the governor power to fill
vacancies, was not legally adopted
at the election in September, 1894,
and therefore that the chief exec
utive has no power to make ap
pointments. The law specifies
that an amendment to be adopted
must receive a majority of the
electors voting in the election. In
i
m
the 1894 election the total vote for
governor was 1*20,990, while on
the amendment, but 48,446 votes
were cast, for and 40,207 against,
while to have been adopted the
amendment would have required
68,484 votes in its favor.
The attorney general also holds
that amendment No. 2, providing
that a poll tax receipt is a neces
sary qualification for voting, was
not adopted at the election in 189*2.
In that year the total vote for
governor was 154,870. and to have
been adopted the amendment
would have required 77,489 votes,
while but 75,940 were cast for it.
He further declared that amend
ment No. 7, authorizing the legis
lature to place its members on a
salary, has never been adopted.
When this amendment was sub
mitted the vote for governor was
11#,741, and to have been adopted
it would have required 59,871
votes, while but 46,598 were cast
for it.
If the finding of the attorney
general is upheld by the supreme
court it will mean the nullifying
of all the amendments referred to,
carrying with it a change in the
election laws of the state, as the
poll-tax amendment is one of
those placed in jeopardy.
1
i iid upiiiiuii wiw iuiiuciru in
response to a letter from II. 1>.
Palmer, circuit clerk of Lincoln
county, who stated that in the
last, election H. A. Meroney was
elected circuit clerk of that coun
ty. hut that he died on October <>,
Jt)04. and under the law had not
been commissioned or qualified.
Mr. Palmer said that he was now
the duly elected, commissioned,
qualified and acting circuit clerk
of the county, and asked if he did
not hold the office until his succes
sor had been elected and qualified,
and questioned whether the gov
ernor could appoint a circuit clerk
of Lincoln county under the cir
cumstances, and whether he could
be ousted by the appointee.
In his answer, Attorney Gener
al Murphy says “there is not a
shadow of a pretext for Governor
Davis to make an appointment in
this case, and that if he assumes
such authority his appointee will
have no title to the office and can
not oust you, for the manifest rea
son that there is no vacancy. Sec
tion 5, article 11), of thd constitu
tion, says that ‘all officers shall
continue in office after the expira
tion of their official terms until
their successors are elected and
qualified.’ If it required judicial
interpretation to fix the meaning
of this language, we would find it
in Haley vs. Petty, 42 Ark., )>.
394, and Kimberlain vs. State ex
rel., 14 L. K. A., p. 858. Desira
ble as the appointment power may
be, its non-existence here is ‘n“
disputable. You cannot be de
prived of the office by any such
usurpation.
“But even if there were a va
cancy in your office, beginning
with the expiration of your official
term, supposed to be the 31st inst.,
the power to fill it by appointment
would not exist. The co-called
third amendment to the constitu
tion, under which this power is
claimed, was never ratified or ap
proved, notwithstanding the er
roneous declaration of the speaker
of the house and proclamation of
the governor to the contrary.
The attorney general then
quotes article 19, section 22, under
which the amendment was sub*
mitted, assaying, "If a majority
of the electors voting at such elec
i.1 _ „ ,4_4- A*vkAn/1mnnfff fnfl
same shall become a part of the
constitution," and cites decisions
i of courts of last resort in several
states, whose constitutional pro
visions on this subject are in the
same terms of expression as in
Arkansas. He concludes by tel 1 -
ing Mr. Palmer that if he will re
sist the appointment and stand on
his rights he will hold the office
until his successor is elected and
qualified.
The attorney general's opinion
applies with equal force to the
proposed constitutional amend
ment No. 9 (bonds), which was
voted upon at the recent Septem
ber election. A small majority of
those voting on the question were
in favor of the amendment, but
there was not an expression on
the subject from a majority ot
those voting in the election. If
amendment No. 9 is declared
adopted, Attorney (leneral Mur
ph.v's opinion would hold in that
case, unless superseded by the
contrary opinion of his successor
or by court decision.
1 he question has never been
before the supreme court of Ark
ansas, but there will undoubtedly
be a test case in the controversy
(iriinnat incr in f .in/v»ln
MURDERED AND ROBBED.
The body of a murdered man
was discovered in Little river
three miles northeast of Wilton
Saturday, by a hunter by the name
of Clark. The man had been shot
through the neck from the back,
robbed and thrown in the river.
He was a stranger in the commun
ity, but a trunk check found on
his body was the means of exam
ining his trunk at the railroad sta
tion which contained papers, etc.,
11 om which it appears Ids name
was L. C. Tinbs and his last resi
dence Anna, Tex.
----
Huddle in Little River County.
Ashdown, Ark., Nov. 1_W.
!). Campbell and 13. F. Arnett
have both gone before officers hav
ing power to administer oaths and
taken the oath of office as county
judge. Campbell claims the office
under certilicate of the county
election officers, but Governor Da
vis refused to sign a commission
for Campbell, and upon an affida
vit executed by Representative A.
1). Dulaney the governor issued a
commission to Arnett. *
Both sides have employed attor
ncys and will contest the case in
I the courts.
NEW FACES AMONG
COUNTY OFFICIALS
Some Changes Made at the Court
House Last Monday.
l New Officers are Sworn in and Enter
Upon the Discharge of Their
Respective Duties.
I lie county officials elected at
; the September election were sworn
in at Batesville Monday and enter
ed upon (heir respective duties.
A number of changes took place.
Judge Lindsey retired as coun
ty and probate judge, after serv
ing the people well and faithfully
for four years, and was succeeded
by S. B, Wyeough, who has prov
en his worth as a painstaking and
efficient officer by four years’ ser
vice as clerk of the circuit court.
Judge Wyeough is succeeded
by Cul. L. Pearce, who is now
serving his first terra as a county
officer. Mr. Pearce is one of the
county's most excellent young
men; sober, modest and painstak
i ing, and his many friends are con
fident that his official career will
he entirely satisfactory to the
most exacting of his constituents.
J. A. Kaneaster is the new sher
iff, having been appointed by the
governor to till the unexpired two
year term of the late J. D. Mor
gan. Mr. Kaneaster is a courte
ous and agreeable gentleman, and
his many friends confidently pre
dict that he will make a popular
and efficient officer.
F. M. Ham succeeds A. A. Hen
derson as surveyor, but this is not
Mr. Ham's first experience in this
important office, he having here
tofore served the people in a most
satisfactory manner in this official
i capacity.
,]. J. Caldwell is the new asses
sor. He succeeds ,1. P. Magness
who has served the people well
i and faithfully for four years. Mr.
Caldwell is an industrious and
; conservative young man and will,!
without a doubt, give the people |
! good service in this most inipor-1
! tant position.
The officials sworn in to succeed
themselves are Hurt Arnold, coun- j
tv clerk: T. M. Waldrip, treasur-1
OI- M M. Stewart, coroner, and !
\Y. A. Montgomery, tax collector.
These men have all served on*'
term in their respective positions
and have, individually and collee
tively, given the people good ser
vice.
The county’s representatives in
the legislature will be Senator
John A. Hinkle, whose term does
not expire for two years yet. Hon.
T J. Haney and Hon. Dene H.
Coleman will represent the county
in the lower house of the general
assembly* but their term of office
does not begin until the convening
of the legislature in January.
There is but one change in our
township officers, Squire J. T.
Tharp and Constable S. W. Clark
both being elected to succeed
themselves. W. H. Jones is the
| new justice of the peace.
TRAGEDY NEAR OGDEN.
Ashdown, Ark., Nov. 1.—Amos
prjce was shot and killed today
(ir Ogden, a station south of
l)ere!on the Kansas City South
Railroad. The dead body was
found near the track. There is
nc0 trace of tne murderer.
pr H- O. Cagle was found dead
in his bead at Bowen Tuesday.
CAN IT LAST FOUR YEARS MORE?
*
t
-*
A FARMER ASSASSINATED
George Woods Shot Down Near His
Home in Union County Satur
day by Unknown Parties.
El Dorado, Ark., Oct. 31.—
George Woods, a farmer, about
50 years of age, a resident of this
county for the past fourteen years,
was assassinated near his home,
ten miles west of El Dorado, late
Saturday evening.
An inquest was held Sunday,
and the coroner’s jury returned a
verdict that Woods was killed by
unknown persons. Several arrests
are expected in the next few days.
This tragedy has no connection
with the Tucker-Parnell fued.
Wanted Reward For Triplets.
A citizen of Stringer, Scott
county, recently wrote the gover
nor that his wife had given birth
to triplets and asked if the state
did not offer a reward in instances
of that kind. He offered the gov
ernor tne priviieage of naming
the children, but a reply was sent
him that there was no fund cover
ing rewards for the birth of trip
lets.
Bentley Frew, a lad at Harri
son, was kicked on the head by a
cow and seriously injured.
The canning factory at Prarie
Grove has put up 80,000 cans of
tomatoes this season, and is now
canning pumkins and sweet {>ota
toes.
We have just finished unboxing
our stock of fall dry goods, cloth
ing, shoes, hats and the largest
most up-to-date line of men’s fur
nishings ever brought to Newark.
Moore Bros. & Co.
A negro named Jim Johnson
was fatally wounded near DeVall’s
Blutf by Deputy Sheriff D. M.
Livesay, who was trying to arrest
him for using abusive language
toward a white man. Johnson
took refuge in a tree and when
the officers approached opened fire
on him with a shot gun. Livesay
was the better marksman and
brought the negro to the ground
with a death wound.
ARKANSAS STATE NEWS
Items of General Interest Gathered
Fresh From the Columns of
the Daily Papers.
Governor Davis has appointed
R. R. Rice as circuit clerk of Lin
coln county.
George Davis of Plumerville
was run over by a train at Conway
Sunday night and killed.
Will Jones, a negro, has been
sentenced to hang at Helena the
16th of December for the murder
of a white man.
A large hay barn containing 600
tons of hay, belonging to .1. F.
\N haley, burned at Stuttgart a few
days ago, entailing a loss of about
$3,500; insurance $800.
Mrs >.<>ra Donathan of South
Hot Springs laid down Sunday
|just after dinner and went to
| sleep, (1 when her daughter
went to iKenersne was dead.
Business men of Melbourne havo
given their note for $1,500 to re
| build the school house recently
burned, :ind work will be com
menced on a new building in a
short time.
Walter Mason and Warren
Cunningham tired a number of
shots at each other Monday at
Hattieville, but neither were in
jured. The trouble arose over ro^
marks made by Mason concerning
Cunningham’s sister.
All the prisoners in the Missis
sippi county jail at Osceola, thir
teen in number, effected their es
cape Thursday night by prizing
apart the bars of the main cell
with a heavy piece of timber.
Twelve of the escaped persons aro
negroes.
Frank Cooper, a young whito
man of Bine Blutf, was taken homo
off the streets Saturday night sup
posed to be drunk, and died in »
few hours. Later a large lumj*
was discovered just behind ono
ear, and it is thought that he wa»
foully dealt with by foot-pads andt
I robbed.
The Journal one year $1.