The Newark journal
ONE DOLLAR PER ANNUM
NEWARK, INDEPENDENCE COUNTY', ARK., FRIDAY, MARCH l>, 1903.
VOL. III.—NO. 10.
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House Adopted Resolution to Ex
tend the Session Sixty
Days.
WEDNESDAY, FEBRUARY 25.
One of the most important ques
tions yet before the general assembly
was disposed of, that of the removal
of Hon. James P. Eagle as a member
of the state capitol commission.
The Senate.
The fist measure acted upon was H.
B. 375. creating county boards of health,
which was passed.
Mr. Norwood Introduced S. It. 184, to
repeal the act creating the state rail
road commission.
Senator Kilgore introduced a bill to
repeal the act creating the Seventh
chancery district.
II. 13. 314 (GantO. providing for sep
arate street car service for whites and
blacks, was read first and second time
and referred to committee on corpora
tions.
S. B. 141 was called up by Senator
King It changes the law as to state
elections. providing that a bond of
$5,000, instead of depositing that amount
in cash when an application for remov
al is filed. An amendment that the
bill apply only to Lawrence county was
adopted.
The report of the committee on the
removal of Hon. J. P. Eagle as a member
of the capitol commission was taken uf>.
The majority report was against his
removal, and a minority report by Sen
ators Hardy and Bison approved the
action of Gov. Davis.
The qeustion of approving or con
demning the governor's action in the
matter was discussed at length by a
number of the senators.
Mr. Wilson favored the majority re
port.
Senator Norwood held that the gov
ernor was the sole judge as to cause of
removal of any member of an appoint
ive position.
Senator Jobe said that no testimony
had been introduced in the controversy
Showing that Gov. Eagle was incom
petent to serve on the board, therefore
he favored the majority report.
A vote was tak**n on the majority
report, which declares that Gov. Eagle's
removal was without cause, and the
same was adopted by the following
vote:
Ayes—Adams, Brown. Butt. Gotham,
Cotton, Fletcher. Hinkle. Jobe, Kilgore.
Mardis, Matlock. McFerrin. Mears.
Price, Sengel. Simpson, Vaugliter, Wil
son. Wood—19.
Noes—Collins, Covington, Gray. Har
dy, Huddleston. Killough, King, Logan,
Norwood. Bison—10.
The House.
After roll call and reading of minutes.
H. B. 379. fixing time f«»r holding pro
bate court in Lawrence county, was
taken up and passed.
H 13 132 (FutrallK creating a board
of seven commissioners, one from each
congressional district. to have charge
of tin* penitentiary and all the state
charitable institutions, was taken up
and read the third time. Messrs, Toney,
WTiitthorne. Pindall. Atkins and Arnold
spoke against the bill.
A motion to table the bill prevailed
by the following vote:
Ayes - Apple, Arnold, Atkins. Baskin.
Bell. Bradley. Briant. Butler. Campbell
of Pulaski, Chambers. Chestnut. Cooke
of Phillips. Crutcher, Eldredge, Fergu
son. Flanakin. Fletcher, Fraser. Garrett.
Gibson, Green of Benton. Greene of
Ouachita. Griffin. Hall. Holman, Holmes.
Hooker. Kelso. Kerwin. Latimer, Marti
neau. Merriman, Myers. Moore of New
ton, Newberry. Norfleet. Pindall. Hod
man Scrlmshire. Slaughter. Stevens.
Stockard, Stover. Toney. W’caver, Whit
thorn* and Wofford—48.
Noes Allen. Burk. Campbell of Ran
dolph, Cate. Chappell. Chrlsp. Clement,
Cook of Chicot. Daniel. DeHossitt, Dix
on. Du Lanev. Funk. Futrell, Hale Har
ris. Hill, Hogan, Horton. Jacobs, Keel,
Keith, Knox, Matheny, McGuigan.
Parks. Perry. Poole, Rowland, Stafford.
Tarver. Thompson. White, Whitley,
Winn, Witt, York and Mr. Speaker—
3S.
H B. 228 (Whitley), to regulate the
granting of franchises by municipali
ties. was read the third time and passed.
It provides that before any ordinance
passed by the council of any town or
city granting any franchise over or
about the streets of such towrn or city
shall take effect and become valid, tin*
council shall give notice of its passage
for fully thirty days, published in a
newspaper, provided that if after the
passage of such an ordinance and with
in sixty days ten per cent of the bona
fide resident taxpayers shall sign and
present to the mayor a petition asking
that such ordinance be referred and
submitted to the qualified voters, the
mayor shall issue his proclamation for
an election, at which it shall be decided
whether or not the franchise shall be
granted.
I
THURSDAY. FE3RUARY 26.
A bill was passed in the house by a
vote of 62 to 30 appropriating the sum
of $5,000 to assist in erecting: a Confed
erate monument at Little Hock.
The Senate
The committee on federal relations
reported favorably on senate joint me
morial No. 1. introduced by Senator
Logan, relating to the election of United
States senators by direct vote of the
people.
S. B. 141 (Logan), to amend the road
law. was taken up. Mr. Logan ex
plained that the bill left it to the dis
cretion of the county court to appoint
a road commissioner when the road tax
is voted; also, that 50 per cent of road
tax collected in cities of second class
and incorporated towns be expended on
the streets, etc. The bill passed.
Senator Yaughter’s bill legalizing pri
mary elections was read third time a*id
passed.
S. B. 93. Mardls, was taken up. The
bill provides for refunding money er
roneously paid on school bonds.
Senator Killough argued that the pas
sage of the bill would disturb condi
tions all over the state and lead to
, endless litilgatlon.
On motion the bill was placed back
on second reading and then referred to
the Judiciary committee.
Senator Norwood's bill regulating the
sale of liquor in incorporated cities
and towns, was passed. It leaves th*
question to the voters of such cities and
towns, regardless of the rural vote.
The House.
A petition was road from cit**f ns of
Poinsett county protesting against the
enactment of any law prohibiting the
shipment of Buffalo and cat fl*h.
Mr. Gate introduced H. iS. No. 2S5.
to exempt magnetic healers from the ef
fects of the law regulating the practice
of medicine. Several kUpnl bills were
disposed of at the mor session.
Mr. Latimer introd^^d II. B. 3 8 S,
to prohibit the buyi A Quaking or re
ceiving of intoxicatir 1 1 *iors of any
kind from an unknogt fin**011
prohibition districts. . l twice.
Mr. Griffin introducii B. 3*9. re
quiring policemen to * < f bond each ir
the sum of $ 1.500. first and sec
ond times
H. B. 122 (Cate),
C"“"
^ing passengei
|ssed. It pro
vides that lines over fifty miles in
length may charge a maximum of 3
cents per mile; those fifty miles in
length or less may charge a maximum
of 4 cents per mile.
Mr. Chestnut’s bill, constituting the
secretary of state, state treasurer,
state auditor, land commissioner and
commissioner of mines. manufactures
and agriculture a board of commission
ers of the state' charitable institutions,
to serve without additional compensa
tion. was taken up.
On motion of Mr. Toney the bill was
postponed for two weeks. Several
members opposed the bill as being in
the interest of certain politicians.
House joint resolution No. 13 (Perry),
proposing an amendment to the consti
tution so as to make all contracts for A
greater rate of interest than 10 per
cent void as to interest only, was de
feated.
H. B. No. 233 (Campbell of Pulaski),
appropriating $5,000 to assist in the
erection at IJttle Rock of a monument
to the Confederate dead, was taken up
and passed.
This bill afforded an opportunity for
several members to display their ora
torical powers, and some eloquent talks
were made in favor of the bill.
FRIDAY, FEBRUARY 27.
It is possible there will be an extra
session, as the house refused to adopt
a resolution to extend the session to
May 2. So far none of the appropria
tion bills have been considered and
the regular sixty days’ session closes
March 12.
The Senate.
After roll call and reading of min
utes the secretary read a communica
tion from Judge Parker of New York
expressing regrets at his inability to
address the present general assembly.
H. B. 148 (Butler), to prohibit the
sal^ of cigarettes, failed to pass—20
to 9.
Senator Kilgore introduced S. B. 188.
to repeal certain sections of act of
1901, prohibiting mill companies and
oth«-r corporations from issuing time
checks to their employes.
S. B. 177. increasing salary of mine
inspector to $2,000 per annum, was read
third time and passed.
Senate joint resolution No. 6 was in
troduced by Senator Cotham, proposing
on amendment to the constitution to
create a board of pardons, composed of
the governor, secretary of state and
auditor.
Mr. Norfleet’s bill permitting gradu
ates of the law department «>f the state
university to practice in the supreme
court without examination, was taken
up a'nd passed.
H. B. 370, ' providing for the erec
tion of waterworks and electric light
plant at Augusta, was read third time
and passed.
A motion to reconsider the vote by
which the Adams amendment to the
Merriman fellow servant bill was adop
ted. was called up. The Adams sec
tion applied to all corporations while
the original bill applies to only rail
roads.
Senator Gray made an able argument
in favor of striking out the Adams
amendment
Senators Wilson and Witt spoke in
opposition to the bill in any form.
The motion to reconsider failed and
the bill as amended failed to pass by
the folowing vote:
Ayes—Adams. Caldwell. Gray, King
Simpson. Smith Yaughter—7.
Noes—Brown, Collins. Cotham. Cot
ton. Covington. Flenniken, Hardy. Hin
kle. Jobe, Kilgore. Mardls. MeFerrln
Mears. Norwood, Price, Wilson, Witt.
Wood—IS.
H. B 39. requiring passenger trains
to stop at all county seat towns, failed
to pass.
The House.
Immediately after roll call Judg-1
Kelso arose and withdrew charge's al
leged through resolution against Chan
cellor Leatherman of the Third dis
trict.
H. II. 393. to regulate the sale of
fertilizers was Introduced by Mr. Ma
thenv. The hill makes the director of
the experiment station at the state
university official state chemist to make
analyses on commercial fertilizers.
Mr Atkins withdrew' H. B. 288. re
pealing act of 1901 permitting public
execution of persons convicted of crim
inal assault. He introduced H. B. 394.
to the same effect.
Mr. Holland's bill, providing for the
election of superintendent of peniten
tiary by the people, was read third
time and passed.
S. B. 173 (Matlock), amending the
act creating the Auburn and Linwood
levee district so as to authorize the
levying of a levee* tax not to exceed
one per centum of the assessed valua
tion of property, was taken up and
passed.
On motion of Mr. Cate, the house
went into committee of the whole to
consider the Price world s fair appro
priation hill.
Several amendments to reduce the
appropriation were voted down.
The committee reported that the bill
pass and It was made special order for
Tuesday morning.
Senator Wilson’s bill, amending sec
tion 1849 of the digest so as to au
thorize tax colectors and city and coun
ty treasurers to deposit public funds
in incorporated banks for safe keep
ing. was taken up and passed.
Mr. Chapline offered house concur
rent resolution No. 33. providing that
the session be extended to May 2. The
resolution was defeated.
The King antitrust bill was read
first time.
On motion of Mr. Crutcher the bill
was postponed for two weeks.
S. It sii (Gray), to authorize wives
and husbands to testify against each
other in criminal cases in which in
jury has been done to the person or
property of either, was taken up and
passed.
After a lengthy discussion the hill
detaching Greenwood township fr<*m
Lonoke county and attaching it to Pu
laski was made special order for Wed
nesday morris*
SATURDAY, FEBRUARY 28.
The senate held its first full Saturday
session and transacted considerable bus
iness.
In thf^Btapse charges were filed
against (TPbfcfellor Weatherman, and re
ferred to t*he judiciary committee. The
charges. vh!< h are sworn to by Sheriff
William** of Garland county, are of a
most serious nature.
The Senate.
Several bills were introduced, as fol
, if>ws:
No. 191 (Logan), to prevent the sale
of spurious articles colored to represent
butter.
No. 192 tPinnix), adding Nevada and
Clark counties to the Eighth chancery
ditrict.
No. 196 (Cotham). to compel corpo
rations to pay up 20 per cent of their
capital stock before they may exercise
corporate laws.
No. 197 (Huddleston), authorizing
persons to enter upon any lands in mak
ing geological survey for the govern
ment.
S II 149. by Mr. Flenniken. providing
that all moneys from leasing of school
lands be converted into the commor
school fund, was taken up and passed.
A number of house bills were read
second time and placed on the calendar
H. B. 172, to allow fish traps to b€
used in Logan county was defeated,
and a number of local measures were
passed.
(
The Souse.
Dr. Daniel’s bill, imposing: a fine on
; liquor dealers for selling to minors, and
also providing for punishment of mi
nors for obtaining liquor under false
pretense, was defeated.
The speaker laid before the house n
communication from R. I... Williams, of
Garland county, asking that certain
charges against Chancellor Leatherman
be investigated.
Tlie matter was referred to the judi
ciary committee.
H. IJ. 1SI (Whitley), to make it un
lawful for railroads to run what is
known as “double-headers.'’ was dis
| cussed .and on vote defeated
H. B. 113, to amend the Cotton road
j law. providing f«»r the election of a road
I overseer by the voters of each town
! ship, was read third time and passed.
The next measure up was H. Ii. 12*.
to amend section 6542 of the digest,
and doing away with the separate ex
tension by county clerks of the differ
ent funds of tlie state and county taxes
on the tax hooks. The bill passed.
Mr. Merriman introduced H. B. 39*.
for the disposition of road taxes paid
in cities of the first-class, said money
to he expended exclusively on improv
ing streets in suclt cities.
MONDAY, M|SCB 2.
The bill authorizing publication of
a new state digest was discussed in
the senate and an amendment provid
ing that the adjuster be appointed by
the supreme court, was adopted.
In the house Mr. Merriman intro
duced a bill providing for the comple
tion of a new state house on the site
of the foundation already built.
The house passed a resolution by Mr
Pindall extending the session sixty
days.
The house also passed Mr. Brlant’s
bill dividing school tax paid by whites
and blacks.
The Senate.
President Short, who was absent at
his home for several days, called the
senate to order at the regular hour.
S. B. 187, ceding jurisdiction to the
United States over cer'ain lands on
the Ouachita river for the erection of
locks and dams, was read third time
and passed.
Senator Hardy's bill to require em
ployers to furnish names of employes
to tax assessors when requested to
do so, was read third tim-* and passed.
Senator Adams Introduced i bill (No.
199), amending the act establishing a
chancery court In the count s of Hot
Spring. Garland, Saline, Montgomery
and Grant.
S. B. No. 30 (Logan), relating to
bonds of insurance companies, was
taken up and passed.
The bill amends the pres int law by
adding the words, "provided that tin
same may be in full force iml effect
during the life of any policy issued
by said company.”
S. B. No. 17 was taken up. It pro
vides for republishing the digest, and
an amendment that the governor ap
point the adjuster with the approval
of the supreme court, was adopted and
the bill made special order for Thurs
day afternoon.
S. B. 98 (Hardy), providing that dis
charged railroad employes must be
paid within seven days after d scharge
was read third tim - ami passed.
Senator Price’s bill providing thal
express companies be compelled In al
towns and cities to rmsmutiM an «*tn«
in the business center, and dellvei
packages, passed.
S. B. 117, authorizing a $250,00(
bond issue by the St. Francis levee
district, passed.
Senator IMnnix’s bill providing foi
the refunding of mom v errom un
paid for state lands sold for taxe*
failed to pass.
Senator Wilson call'd up S. B. 101
introduced at the request of the St.it
Federation of Womens Clubs, author
izing cities and towns to levy a ta*
of one-fourth of a null for th-* purp-e*
of maintaining public libraries. The
bill passed unanimously.
Senator Butt Introduced S. B. 202
providing that each congressional dis
trict constitute a chancery district
chancellors to receive $2,500 per an
num and be elected by the people.
Senator Gray introduced S. B. 203
making mortgages liens where person!
have knowledge of them.
Th« House.
The house was called to order a'
9 o’clock.
A bill authorizing the special sehoo
district of Pocahontas to borrow monej
for improvements was read third tim«
and passed without opposition.
Mr. Scrimshire introduced H. II. 398
requiring railroads to make promp'
settlement for goods damaged on tran
sit.
II. B. 399. by Mr. Chaplino, eompell
ing retail dealers to give live days
notice when desiring to dispose of f
stock of goods in bulk, was read firs
and second time.
A bill by Mr. Parks, fixing salary o:
county judge of Lafayette county a
$1,000 per annum, passed.
H. II. 355 (Pindall). to abolish th<
system of leasing county convicts t<
bo worked on farms, was defeated
The author defended the measure, am
Messrs. Gannaway. Knox and Flanna
ken spoke in opposition.
Mr. Hill's Jo»nt resolution, propos
ing an amendment to the constitutioi
making the governor, secretary ol
state and auditor a board of pardons
for all cases except in treason and im
peaohment, was read third time am
11. P». 146 (Cook of Phillips), em
powering cities of the first class t<
regulate building of houses, passed.
Mr. Merriman of Pulaski Introduces
H. B. No. 100, creating a board of cap
itol commissioners to supervise tin
erection of a new state house, to b<
built on the site of the foundatioi
begun according to plans already ac
ropPd, the building not to cost ovei
$1,000,000.
The labor of loo convicts is pro
vided for on tin* work. A tax of one
half mill is continued by the bill, to
gether with the proceeds of the sab
of state lands, except school lands. t«
aid in completing the bull ling. It h
also provided that the surplus lots ii
the tract owned by the state adjacen
to the capitol be sold.
H IJ. No. 2 (Briant). separating th<
school tax paid in school districts bj
white and colored people, an i to devo <
revenues derived from white taxpayer
to white schools and that derived fron
colored taxpayers to colored schools
was taken up.
Mr. Briant argued at b ngth in favoi
of the bill.
Mr. Stevens opposed the bill.
The measure was also opposed or
the floor by Messrs. Arnold. Chestnut
Slaughter, Jacobs and Moore of New
ton. Cook of Phillips, Hall, Thomp
son and Kelso.
The roll was called and the bill wai
passed by the folowing vote:
Ayes—Allen. Bradley. Briant, Burk
Butler. Campbell of Pulaski. Campbel
of Randolph, Chappell. Chapline, Cool
of Chicot. Daniel. Crutehm*. I)** K< rl
Dixon. Kldridge. Ellis, 'Fergus--n. Fra
ser. Fuller, Gannaway, Garrett, Green
of Benton. Green of Ouachita, Griffin
Harris, Hogan, Holland, Holmes, Hor
ton. Latimer, Matheny, McGuigan
Merriman. Norfleet. Parks, Paterson
Perry. Pindall. Rodman. Rountree, Row
land, Stockard. Stover, Tarver, White
Winn, Witt and York—45.
Noes—Apple, Arnold. Baskin. Cham
hers. Chestnut. Chrisp, Clement, Cooke
of Philips, Flannaken, Fletcher, Gib
son. Halo, ffall. Hill. Hooker. Jacob#.
Kelso. Kcrwin. Knox. Martineau. Moore
of Newton. Newberry. Slaughter, Ste
voiis. Thompson, Toney, Weaver. Whit
ley. Wofford JO.
A resolution by Mr Pindall extend
ing the session sixty days, was taken
up and passed on a vivo voce vote.
TUESDAY, MARCH 3.
The report of the Joint select com
mittee appointed to make an investiga
tion into the expenditures of the World's
Fair commissioners was read in both
houses.
In the senate a motion to postpone ac
tion for a week on the bill providing
for an additional appropriation for the
exposition was adopted. No action was
taken on tlie bill in the house.
The Senate.
After the senate was called to order
by President Short, Senator Norwood
called up S. It. 181, granting power to
all special school districts to borrow
money to erect school building. The hill
passed.
A messenger announeed that the gov
ernor had signed S B. 7 4. authorizing
sheriffs to transport convicts to the
penitentiary.
T*he re >ort of the special committee
to inouire into the expenditures of the
World's Fair commission was accepted
and 1.000 copies ordered printed.
H. II, 311 Ocrimshire), to prevent
killing of wild turkey by traps, pens,
baits, trenches or deadfalls, passed.
II. R 74. raising the test of illuminat
ing oil from 130 to 150,. was taken up
and passed.
Mr Daniel’s house bill to regulate
the posting of estrays and the registra
tion «»f school warants, was passed An
amendment to the bill gives to the peo
ple it* the southern part of Dogan coun
ty the right to post and register in their
district.
H. B 271. prescribing course of study
in public schools, passed.
II B. 24 8 (Holand), to cure defective
dt< ds, was taken up and passed
Senator Yaughter called up 11. B 66
(Witt), providing for the separation of
white and negro prisoners, which was
passed, Mr. Klson voting in the nega
tive.
The senate concurred in house amend
ment to Mr. Logan’s bill for the pro
tection of game. The amendment pro
hibits the killing of Chinese and Eng
lish fdieasants for a period of ten years.
Senator Covington called up H. B. xz
IT. B. 4Z (Chappell), regulating the
conferring of degrees, was taken up and
passed.
H. B. 14 (Green of Benton), providing
that wheat be bought and sold by weight
instead of by the brass tester, was de
feated after considerable discussion.
The House.
Mr. Toney risked that the journal he
changed to show that the resolution
to extend the sesion passed by a unani
mous vote rather than by a two-thirds
majority. Several members objected
and a motion that the journal be ap
proved was adopted.
li H. 216 (Stevens), giving courts of
record discretion to assess costs against
prosecuting witnesses in misdemeanor
11 cases when the prosecuting witness ia
1 not summoned before the grand jury,
was defeated by a vote of 66 to 12.
S. B, 42. providing for an additional
appropriation for the World's Fair, was
| l called up.
Mr. Campbell of Randolph opposed
( the bill and moved an indefinite post
ponement Mr. Whitthorne spoks for
' the bill A motion to postpone for one
. week prevailed.
S B. 142 (King), providing that towns
( within one mile of each other may con
solidate by consent of residents, was
passed unanimously.
The entire afternoon session was con
sumed in discussing S. B. 46 (Huddlee
ston), making telegraph companies lia
ble for damages for mental anguish and
suffering caused by neglect to promptly
deliver messages.
Mr. Holand oposed the bill.
Mr. Fuller said no argument had been
made to show why the bill should not
Judge Meriman opposed the measure
as class legislation.
M» ssrs. Campbell of Pulaski, Ganna
way, Murtineau and Whitthorne spoke
in favor of the bill, which passed by a
vote of 64 to 18.
Legislative Notes.
The Cumminga farm investigating
committee will visit the place early ir
the month.
A number of local bills have beer
passed at this session permitting
special school districts to mortgage
property in order to erect more com
modious school buildings. In man)
cases such districts pay enough in rent
to soon cover the cost of necessarj
buildings.
The Killough bill, which passed both
branches of the general assembly
affects about 4.000.000 acres of land
being those portion^ of the counties
of Mississippi. Craighead. Poinsett,
Crittenden. Cross, St. Francis, Lee ant
j Phillips that lie in the St Francii
I levee district. i lie bill raises the tan
on this land from four to six cents
per acre, which it is estimated wil
increase the funds derived from th<
levy tax from $70,000 to $1 10,000 a
I year.
By a vote of 18 to 12 the senate
| passed the house bill providing for tht
detachment of a portion of Scott coun
ty and annexing it to Logan county
Tner® lias been a hard tight against
tiiis measure, which was defeated ir
the legislature two years ago. The
act provides for the annexation of ali
of the townships of Belva and Barber
and portions of Tate, Tomlinson a tic
Lewis, containing 44 square miles ac
cording to the government lines, nnc
about 52 miles by actual measurement
It hns a population of about 200 voters
and both sides claimed to have a ina
• ority of them
GLEANED ABROAD.
A Berlin woman bequeathed hei
; property to a eat.
England has larger investments in
| tropical America than all other Eu
i ropean nations combined,
i! Over 100,000 persons have migrated
1 from Dorsetshire, England, during the
: last ten y ears.
• Johannesburg’s present population
is estimated at 109,452, including 44,
122 natives and 3,550 Asiatics.
Sixty bron/.e coins, dating from 175(
have been found in an old pond at Ele
j more Colliery, Durham, England.
, British Guiana is enjejinga diamont
boom, in 1901-2 the number of stonei
found was 91,206, against 4,9S1 lu the
preceding year.
In January the death rate from ac
cidents is greater in the country that
in town, but in May and June the pro
portion of city accidents is consider
ably file heavier.
A vaiMable owl in the Central Pari
menagerie New York, ha» f.T.somi
unknown \:ison lost all its feathers
with “trousers’
and covering^for the claws, to protect
it from the
Demurrer Overruled.
In the rose <>f Thomas IT. Adams
Against the Iren Mountain and
Kansas City and Memphis bridge
company, on demurrer of the de
fendant us Tbe jurisdiction of the
federal court, Judge Trieber decid
ed against the railroad and "bridge
company, and granted twenty days
in which to file an answer. Adams
is suing for $25,000 damages for be
ing ejected from a passenger train
after refusing to pay 50 cents
bridge fare. The plaintiff in his
bill alleges that “said proceedings
in demanding of plaintiff said sum
and the ejecting him from said
train for not paying it, were de
liberate, malicious and inconscious
violation of right on the part of the
defendants and in pursuance of an
iniquitous agreement and under
standing between defendants, enter
ed into for the purpose of extorting
money from plaintiff and all other
passengers over said railroad. .Said
demand was unlawful and unrea
sonable, and plaintiff knowing of
the fact, and being unwilling to
submit to extortion, offered to pay
a reasonable sum for passing over
said river and for his passage over
said railroad to his place of desti
nation, but refused to pay 50 cents
as a toll for passing over said river
on said bridge.’’
Terminals for Missouri Pacific.
Advices from Fort Smith report
that the Missouri Pacific railway
will secure a belt line and splendid
terminals there by means of the
Fort Smith Suburban Railway Com
pany, which was organized last
year, and which has recently bought
lands for terminals in Fort Sm
The Fort Smith Suburban railway
was incorporated in August, 1902,
with $100,000 capital, for the pur
pose of building a six-mile belt line,
the officers being: George Sengel,
president: Frank Parke, vice presi
dent; S. A. Williams, secretary, and
Fd Sengel, treasurer. Others in
terested were W. M. Fiahbaek,
Wharton Murnoll, Allen Kennedy,
T. P. Winchester and Henry Stroth
er. A number of the gentlemen
connected with this belt-line plan
also propose building an intcrur
ban electric railway connecting Van
Huron, llartsford, Huntington and
six other towns with Fort Smith.
Old Feud Leads to Killing.
0. 11. Kilgore was shot and
killed at New Edinburgh by W. I).
\twood. Both parties are of prom
inent families, and the tragedy was
the sequel to the killing of Kil
gore's sons on the Fourth of July,
when the two hoys were alleged to
he drunk and the justice of the
peace ordered Atwood and his book
ie « per. Matt Ruth, to afrest them.
One of them stabbed lluth and
Ruth shot them both. Atwood was
placing a monument at the head of
his child's grave when Kilgore ap
peared with a revolver and threat
ened him. He left the graveyard
and later returned with a shotgun.
Kilgore again made his appearance
nd fired at Atwood, who in turn
shot his antagonist, killing him in
stantly.
Fire at Redfield.
The town of Redfield, on the Val
ley Route, was visited by a disas
trous fire last week. The losers
are: J. E. Simmons, dry goods and
groceries, loss about $4,000, no in
suranee; J. A. Watts & Co., general
merchandise and feed store, loss
about $4,000, insured for $3,000;
W. L. Cobb, druggist, loss about
$4,000; George llerrv, groceries,
loss about $2,500; Brewer's grocery,
loss about $1,500; Iloliman Bros.,
groceries and dry goods, loss about
$5,000; A. F. McNeil, general
merchandise, loss $2,000, insured;
Ben Dalby, general store; the post
office was in Iloliman's store and
was destroyed with the rest of the
buildings.
Brakeman Killed.
An Iron Mountain freight train,
in charge of Conductor O'Rourke,
with Engineer Flohr and Fireman
Davitt, went through a trestle near
Clarksville. The engine turned
over and fell into the stream fifteen
feet below. Brakeman Lydell, who
was riding on the engine was pinion
ed beneath the engine and killed.
The conducted^ engineer and fire
man were badly
Confidence in Judge Leatherman.
When it became known in Hot
Springs that a resolution would be
otiered in the legislature to appoint
a committee to investigate the chan- * *&»
eery court, presided over by Hon.ilso
Lcland Leathornian, the following
peittion, signed by a large numbt'
of attorneys and citizens, was fo'.Jieck
warded to Speaker Moore:
‘’Whereas, it has come to our
notice tliat steps may be taken before
your body tending to discredit the
Hon. Leland Leatherman, chancel
lor of this district, by preferring
charges in the nature of impeach
ment ; now therefore, we the undegj-J
signed members of the bar of Gar
land county, Ark., hereby present
our protest to any such proceedings,
and tender our endorsement of the
administration of Judge Leather
man. lie has been chancellor of
this district for the past ten years,
and his decisions have been general
ly satisfactory during that time.
Ife possesses especial legal qualifi
cations for the position, and an in
vestigation of the percentage /o:
eases reversed on appeal from
court will disclose that his rccT
is equal to the best judges in
state. Judge Leatherman nnd h.
family sland well in this communi
ty, and he is regarded as an honor
able gentleman, and we hope no ac
tion will he taken by your body that
will tend to humiliate or discredit
him. We believe that he will be
able to refute the charges that may
be made affecting his qualifications
for the office he now' occupies, but
trust that he will not bo called upon
to do so.”
Aged Negress Assassinated.
“Aunt” Ann Harvey, an aged
gross, was shot from ambush
killed while sitting in her
near Pine,
who is charged
i- in the Jcfferson'
Winfrey is alleged t
drunk. His wife left his
went to the home of the
man, four miles away,
women were sitting in the
woman's room talking, w
one emptied the content
double-barreled shotgun
The back of the c’
Winfrey’s wife was t
orally torn to pieces,
the bird shot entered
vey's body. It is
Winfrey shot to kill his
shot the other woman bv
Fort Smith Benefited.
Congress lias passed a bill
relieves a peculiar condition'
has existed at Fort Smith
number of years. The govern^
ceded a portion of the military
creation to the city of Fort Smith'
some years ago, but failed *f' sur
| render jurisdiction over the proper
ty. As a result, a portion of the
town has been under federal juris
diction and the residents of it not^
; amenable to the state laws or the
city ordinances where they were at
| all in conflict with federal statutes.
The hill passed relieves the citizens
of Fort Smith of the annoyances
that have arisen from having to deal
with a double set of courts and offi
cials.
Swiss for the Ozarks.
The immigration dcpa||^j^^
of the Frisco has in hand
tieal plan for the colonizajj
the Ozarks by a people
qualified, by nature and
to utilize to the utmo-tj
sources. Lee Kequa,
special agent, has just
front a conference with ij
Swiss in the northwest, aij
mittee of the latter wi
visit north Arkansas tq
ditions in the Ozarfcs-i
adaptibility of this regio'h
stock and especially
dairying industries.
Terrorized the
Passengers on the
when the boat landed
week, told of an
once with a crazy
named Charles Benlt
hour at night the
became insane and,
razor, lie declared ho
kill all on board,
three persons the c
overpowered atjd
*n?eze,