The Newark journal.
One Dollar Per Annum.
NEWARK, INDEPENDENCE COUNTY, ARKANSAS, FRIDAY OCTOBER 24, 1902.
Vol. 2 No. 43.
ATTY - UEN’L MURPHY
Says That, in Case of a Tie, New
Election Should be Called
or old Officer Holds
The annexed opinion of an in
teresting question, in answer to an
inquiry from ■!. S. Ladd of Jud
sonia, has been given by Attorney
General Murphy.
“My Dear Sir—I have yours of
the 11th inst., stating at the last
general election there was a tic
in Caldwell township, in your
county, between the candidates
for justice of the peace, conse
quently no election, and asking
my opinion as to whether the gov
ernor should fill the vacancy by
appointing or order a special elec
tion, and what would be the prop
er steps to be taken in the mat
ter.
“Section 5, article ID, of the
constitution, says that all officers
shall continue in office after the
expirations of their official terms
until their successors are elected
and qualified. Amendment No. 3
to the constitution says that the
governor shall, in case a vacancy
occurs in any state, district, coun
ty or township office in the state,
either by death or resignation or
otherwise, till the same by ap
pointment such appointment to
be in force and iffect until the'
next general election thereafter.
Section 20*(5 of S'»ndels & Hill’s
digest says that if two or more;
persons liave an equal number of]
votes for the same office, and a j
higher number than any other per- ,
son, the governor shall issue a
wnt of election to the sheriff of
the proper county or counties, in
which such election shall be held,
on the day thereon named, for ‘.lie
purpose of electing any legisla
tive, judicial or executive office
(which includes justices of the
peire) where there appears to be
a tie vote.
‘It seems to me plain that un
der section 5, article lit, above re
ferred to, there is no vacancy in
the office of justice of the peace,
the old justice lidding over by
express provision of the constitu
tion, and that consequently that
governor has no power to appoint.
You will notice that the language
is, ‘uni 1 their successors are elec
ted and qualified.’ This view is
strengthened by the fact that
amendment No. 3 makes it the
duty of the governor to till vacan
cies by appointment, oecuring bjfc.
death, resignation or otherwise,
and says nothing about a tie vote,
which under section 5 does not
seem to create a vacancy. There
fore, under section 2(586, above
cited, it seems to be the plain
duty of the governot to issue a
writ of election to the sheriff.
This, however, is, I understand,
contrary to the governor’s view,
he holding that amendment No. 3
authorizes him to appoint in case
of a tie. Indeed, I understand
that it is his practice in such cases.
My own opinion is that the justice
of the peace elected in 1900 is still
the j'lstic, and unless he dies, re
signes or removes from the town
ship will remain so until his suc
cessor is elected, either at a spec
ial election to be called in accord
ance with section 208(5, or at the
general election in 1894, notwith
standing any appointment the
governor may make.”
The Confederate Veterans.
The Confederate veterans of this
community met at the Masonic
hall building Saturday at 10 o’clock
for the purpose of organizing a
camp. J. II. Wells was called to
the chair. A call was made for all
veterans to come forward and en
roll, with the purpose of orgauiz
: ing, and 24 members were enroll
| ed. After an able talk from lion.
! It. II. Powell the body organized
; by electing the following officers.
U. R. Reeves, captain; F. M. Bar
nett, first lieutenant; X. M. Wil
son, Second lieutenant; T. 13.
Jackson, third lieutenant, Dr. II.
G. Logan, first sergeant.
After dinner comrade J. II.
Rauhoff delivered a stiring ad
dress, which was greatly appreci
ated by the old soldiers. The vet
erans then marched through the
street and went through the man
ual of arms. Another meeting
will be held on the third Saturday
in November.
The organization was named in
honor of Col. V. Y. Cook.
Insurgents Continue Fight.
Little Rock, (Jet. 17.—About
fifteen members of the exscutive
committee of the insurgent Re
publican State central committee
and other leaders of the anti
Clayton wing of the party, held a
lengthy conference at the Capitol
Hotel Thntsday night to decide
upon a future lino of action
George W, Foulke of Texarkana,
chairman of the State committee
of that faction, presided, it was
decided to continue the fight
against the regular organization
and to put on foot a complete
organization in every county of
the State. A committee was ap
pointed to prepare an address to
the Republicans of the State set
ting forth the causes which led to
the split and the action of to
night’s conference.
Fatal Accident.
Rison, Oct. 17.— J. H. Cathey
of New Edinburgh was accidently
killed by a falling tree, lie and
his little soil, Carl, were cutting a
tree for fence posts. The tree
wus leaning considerable and split
up at the stump, and Mr. Cathey
got tangled up in some brush and
fell, the butt of the tree falling
| on him and killing him instantly.
Get a Kimball
Kimball organs are acknowledg
ed to be the best on the market.
You can buy one by paying a
small amount down and $5 per
month, or one-third down and
balance in six mouths. See O. F.
Craig, agent.
Killed by Work Train.
Joiesluuo, Oct. 17. — W. F.
Waggoniaii, a representative of
the New York Life Insurance
Company, was killed by being
struck by the work train near Ciil
lett mill this morning.
A HEALTH POLICY I
The system is, from natural
causes, debilitated or run-down
both in the spring and fall. The
seasons’ changes are always a tax
on the human organism. The
blood becomes impure in the
spring, and vitality lags in the fall.
A little care, a little assistance,
and nature will do the rest, as it is
always trying to maintain health.
Frequently the weakest organ will
show the most disorder, and this
often leads to wrong treatment.
For the debilitated conditions
of spring or fall, or any other
time, for that matter, the right
thing to do is to build up the
whole system. It is not your stom
ach, or liver, or nerves alone that
cause the troublo; you are weak
ened all over and must have re
newed strength and vitality. These
you cannot get so
quickly or surely or
safely as by using
Dr. HARTER’S
IRON TONIC
When you use Dr. Harter’s Iron
Tonic you are helping to renew
the vigor of every fiber of your
body. You are cleansing ana en
riching your blood; you are
strengthening your stomach and
increasing the digestive fluids; you
are building up aud renewing the
activity of your kidueys and liver;
and you are feeding and revitaliz
ing your nervous system. You
cannot do this without getting
well, and you cannot take Dr. Har
ter’s Iron Tonic without doing it.
Chicago, Inn., Nov. 26,1901.
The Dr. Harter Medicine Co.. Dayton, O.
Gentlemen : —I unhesitatingly recom
mend Dr. Harter’s Iron Tonic, as I
firmly believe It Is the best tonic on the
market to day. Every spring and fall
my system seems to be iu need of a
tonic, and for the past three years I
have taken s hattle of your tonic twloe
a year. Hon. John J. Fcelong,
Representative to the Illinois Degxelalure.
1351 Osgood St., Chicago.
FOR. SALE EVERYWHERE.
GO TO
'
1
- ■g^lWSSa- CHD
mflEiSSSf*- I V7 rv
n. S. FISHER
BARGAINS!
---Happenings? Local Interest.^
Loui Allwhite will hereafter
read The Journal
Our thanks are due Thos. Smith
for a half dollar on subscription.
John Foot came up from New
port to spend Sunday with his best
girl.
Miss Lena Davenport returned |
Sunday from a short visit with!
relatives near Newport.
Miss Archie Fetzer returned
; Friday from a pleasant visit with
1 friends at Sulphur Rock.
! M. D. Phillips was in town
! Monday and called and advanced
; his subscription six months.
Dr. J, M. Sanders, the sage of i
I White River township, was shak- j
I ing hands with friends in town Sat
urday.
B. (). Craig and James New
comb, of Tuckerman, spent Satur
day and Sunday in the city visit
ing relatives.
Dr. H. G. Logan, of Logan
I township, was in town Saturday
j and attended the meeting of the
J ex-Confederates.
There is on deposit in the banks
$108 for every man, woman and
child in this country—so we are
told. We could name half a dozen
each of men, women and children
who have not half that much on
deposit.
C. T. Brooks, of Magness, re
cently deposited the necessary
coin with the treasurer for a six
months extension of his subscrip
tion.
The department, of Agriculture
will test a milking machine inven
ted and in use in Scotland, which
is said to milk six or eight cows
at a time.
M. E. Burt, a good citizen of
the Magness neighborhood was in
town Saturday and called at this
office and advanced his subscrip
tion six months.
W. M. Sammons called at this
office Saturday, deposited a dollar
in our depleted treasury and had
his name enrolled on our expand
ing subscription list.
Rev. It. S. Deener, who was re
cently convicted at Batesville for
forgery and sentenced to the pen
itentiary for four years, has been
assigned to the convict camp at
Lollie, Faulkner county as physi
cian for that squad. He is said
to be a good physician. No action
has yet been taken by the gover
nor on the petition for pardon
which has been presented in be
half of Deener.
Go to R. K. McHenry for the
celebrated Crecent wagons, Stand
ard sewing machines, cooking
stoves and heaters.
A recent report of the govern
ment Geological survey shows that
in the coal mines of Pennsylvania
during the year 19<J1, 814 men
were killed, and 1,899 injured by
mine accidents.
W. R. Lawhon, a good citizen
of Magness, was a pleasant caller
at this office Friday, and left some
of the oil of commerce to apply
on his subscription.
Prof. J. F. McDaniel, of Cord,
was transacting business in the
city Friday, lie made The Jour
nal a very pleasant call and had
his name enrolled on our expand
ing subscription list.
Our good frieud R. F. Carleton
dropped in Friday and renewed
his subscription for one year and
ordered The Journal seut to his
mother-in-law, Mrs. R. M. Sam
mons, of Magness, for six months.
T. R. Amick, of Paroquet, was
in town on business Saturday and
| left the necessary coin at head
1 juarters for a year’s subscription,
lie expects to move near Newport
and ordered his paper sent to that
i place.
Hon. K. II. Powell, of Bates
\ ill**, wa« greeting old friends in
town Saturday and delivered an
address to the Confederate vet
j erans. Judge Powell has many
friends here who are always glad
j to extend him a cordial greeting.
| A small fire in J. E. Porter’s
I barber shop last Thursday night
caused a good deal of excitement
for a short lime. The fire origina
ted in the towel case and is sup
posed to have been started by a
cigarette. He estimates his loss
at about Slf»0. The loss on the
building is about The dam
age to C. M. Edwards’ stock in
the adjointing building together
with the loss on his buildings is
estimated at something over $100.
No other damage was done.
The many friends in this county
of attorney Sam A. Moore of
Bald Knob will regret to know
that he has moved to Newark,
Ark. He has beeu a citizen of this
county for a number of years and
was well known to the greater
part of our people, having been an
active practioner at the bar ana
also a candidate for county and
probate J udge at the recent elec
tion, coming within a few votes of
being the successful contestant.
He is a self made man, an excel
lent citizen, an able attorney, re
liable and trust-worthy. To the
good people of Newark we take
pleasure in commending him,
. socially, morally and as a business
' man of integrity.—Searcy Citizen.
$100 Reward, $100.
The renders of this paper will
he pleased to learn that there is
at least one dreaded disease that
science has been able to cure in
all its stages and that is Catarrh.
Hail’s Catarrh Cure is the only
positive cure now known to the
medical fraternity. Cutanh be
ing a constitutional disease, re
quires a constitutional treatment.
Hall’s Catanh Cute is taken in
ternally, acting directly upon tbe
blood and mucous surfaces of the
system, thereby destroying the
foundation of the disease, and
j giving the patient strength by
building up the constiaulion and
assisting nature in doing its work.
The proprietors have so much
faith in its curative powers, that
they offer one Hundred Dollars
for any case that it fails to cute.
Scud for list of testimonials. Ad
dress, F. J . Cheney & Co., Tole
do, Ohio. Sold by druggists. 75c
Hall’s Family Pills are the best.
[RONE’S
NEW STORED
| NEW GOODS_
I LOWEST PRICES
HGIVE US A CALL.30I
A SERIOUS ACCIDENT
W. B. Tomlinson’s Wagon Ran
Into by the Pay Train at
ITagness Friday.
A very serious accident in
which Hon. W. B. Tomlinson, of
White River township, and bis
two sons Ed aged 19, and Ei'is,
aged 11, came near losing their
lives, happened at Mugness, two
miles west of this place about
half past six o’clock last Friday
morning.
Mr. Tomlinson and his boys
were in a wagon and were going
from his home over into Big Bot*
tom to work. The wagon road
leading over into the bottom
crosses the railroad at Magness
and just as they were crossing th«
truck the p'.y train, which had
gone up the evening before, struck
their wagon about the front wheel,
killing his two horses instantly
and injuring Mr. Tomlinson aud
both his sons.
The younger son, Enis, was
seriously, if not fatally injured,
Ins skull being crushed, i* portion
of which had to be removed by a
surgical operation.
Mr. Tomlinson and the older
son were more fortunate and
miracuously escaped any senous
injury save a severe shake-up uud
a few bruises.
ll.e wugon was totally demol
ished aiul it and the team landed
on one side of the track and the
occupants on the opposite side.
How any ot them escaped instant
death is a miracle. The train was
running at a speed of about 35
miles an hour, it is claimed that
the train failed to whistle for tl»
crossing nnd knowing that no
train was due to pass at that time
and owing to the noise from the
cotton gin which is located neur
the crossing and was running at
the time, Mr. Tomlinson did not
heai the approach of the train and
drove on the track.
Accidently Shot and Killed.
Gentry, Oct. 19.—Wade Fntil,
a 17-year-old boy, accidently shot
and killed himself at Fisher’s
Ford, on the Illinois river. He
was with his parents, who were
moving to Colorudo, and was
driving a team by himself and
holding a gun in one hand, lu
attempting to use the brake to
the wagon the gun was dropped,
and. striking one of the wagon
wheels, was discharged. The boy
was struck in the head by the con
tents, and, falling under the
wheels, was run over, and was
dead when picked up.
Deadly
Grasp of Grip Pros
trated Me.
Dr. Miles' Nervine
Built Up My
Shattered Nerves and
Gave Me an Appetite.
Of the millions of people, who today suffer
from nervous or heart weakness, a large per
centage trace the cause directly to deadly
LaGrippe. It is a germ disease, and makes
a direct attack upon the nerves, putting an
extra strain upon them at the time their vital
ity is at the lowest ebb. If LaGrippe has
left you w.th a shattered nervdus system, with
loss of appetite, lack of eneigy, insomnia,
frequent headaches and morbid tendencies,
you should strengthen the weakened nerves
with Or. Miles’Nervine. It will undo all
that grip has done, bring back appetite, rest
and restore the nerves to their normal activity.
“I want to write thia testimonial for the
benefit of those who have suffered from that
dreaded disease—LaGrippe. I suffered sev
eral weeks with it, and nothing I tried seemed
to benefit me in any way, shape or form (I
suffered almost death) and finally my
daughter recommended Dr. Miles’ Nervine
to me and I can truthfully say from the first
day I felt better than in weeks. It gave me
relief, built up my shattered nerves and gave
me a splendid appetite. I cannot speak too
highly of it and want to say, each and every
one who has suffered from LaGrippe will
find instant relief by getting a bottle of Dr.
Miles' Nervine. Insist on having it nndtake
no other. It is simply splendid. Hoping
this will benefit some poor sufferer I remain,*
—Mrs. George B. Hall. Jackson, Tenn.
All druggists aeii and guarantee first bot
tle Dr. Mites’ Remedies. Send for face book
on Nervous and Heart Diseases, i"
Dr. Miles Medical Co., Elkhart, lad.