VOLUME V NEWPORT. ARKANSAS, TUESDAY. APRIL 24 1906. NUMBER 303.
CHAPLiNE’S LAST CHANCE GONE.
Supreme Court Denies Motion for Re
hearing, and He Must Pay Amount
of Fine and Costs.
Little Rock, April 24—The Su
preme court yesterday denied the
motion for a rehearing in the
case of Representative George
v F. Chapline of Monroe county,
who was convicted in the Pulaski
Circuit court on a charge of con
spiracy to bribe and fined $25
and costs.
TKi.s j*e*:%.* of the supreme
court removed the last chance
of securing a reversal of the ver
dict of the lower court and there
is now nothing for Chapline to
* do but pay the amount of the
f fine and costs. His attorneys
stated yesterday that nothing
more could be done and that the
case was at an end. There are
no federal questions involved
which would permit an appeal to
the United States Supreme court,
even if such a course were
deemed desirable.
While the fine assessed against
Chapline in the circuit court was
a nominal one, the costs in the
case have been large and the full
amount which he will be re
quired to pay will probably be
more than $1,000. The costs in
the circuit court, before an ap
peal was taken, amounted to
about $900. The offense of
which he was convicted being a
misdemeanor, Chapline is not
disfranchised and still has the
right to vote and hold office.
Some question has been raised
as to whether he still retains his
se?* ’"'The legislature and would
^-5^mtitled to si^ in that body if
’”a*a special session should be called
before the next election, but
there is little chance that there
will be any necessity for a decis
ion on that point.
Chapline was among the first
members of the legislature to be
indicted when the boodle inves
tigation was instituted by the
Pulaski Grand J urv last spring.
He was given an early trial, his
case being taken up before Judge
Winfield early in July, a few days
after the close of the trial of
Senator A. W. Covington. Chap
line was charged with conspiring
with others to raise a fund to be
used in securing the passage of
the Cache river levee bill. He
was convicted on July 14 and
immediately filed a motion for a
new trial. The motion was
overruled and an appeal was ta
ken to the Supreme Court. The
case was reached by the Su
preme Court several months ago
and the action of the lower court
was sustained. Chapline’s at
torneys then filed a motion for a
rehearing and this was argued
orally two weeks ago.
Recorder Mayhan’s Report.
To the Honorable Mayor and City
Council of the city of New
port, Ark:
Gentlemen: —I beg to submit
the following report of the finan
cial condition of the City of
Newport, from February 13,
1905 to April 9, 1906:
Scrip called in Feb. 13. 1905 and re
issued May 22, 1905 . $ 10031.35
Warrants issued for street purposes
from Feb. 13, 1905. to Apr. 9,1906. 13324.59
Warrants issued for salaries from
Feb. 13, 1905 to April 9, 1900. :;136.29
Warrants issued for lire department
from Feb. 13, 1905 to Apr. 9, 1906 -946.47
Warrants issued for contingent fund
from Feb. 13, 1905 to Apr. 9, 1906 _^:18
Total. 8 30474.88
Warrants cancelled May 15. 1905 ■ S IOOn.92
Warrants cancelled Sept. 25, 1905 4379,74
Warrants in bands of treasurer for
cancellation on Apr. 9. 1900 - 10043.33
$ 16131.99
Out standing scrip on April 9, 1906, to
balance. . 14342. *9
Total. 8 30474.88
Revenue from ail sources from February 14, 1905,
to April 9, 1906.
j Saloon licenses 3 15000.00
' General licenses .. . ■ 203*.;,0
Ad-Valorem ta.': .■ 6.04.65
Fines in Mayor's court . . *67.60
Am't. paid for names on city ticket '.'.00
Total. • ' 2455(1.15
Amount due the Newport
Water Company from July 15,
1903 to January 15, 1906, for
which no scrip has been issued,
$7125.00. The Water company
refusing to accept the scrip at
present prices.
Respectfully submitted,
J. R. Mayhan,
April 9, 1906. City Recorder.
Walnut Ridge Items.
Walnut Ridge, April 23— (Spe
cial to Independent) —H. L. and
George Ponder have returned
from a visit of several days to
Dallas, Texas.
Miss Essie Brooks, of Poca
hontas, was the guest of the
Misses Rogers of this city Sun
day.
Dr. H. L. Throgmorton of Po
cahontas visited Walnut Ridge
Sunday and Monday.
Miss Annie Hill, who has been
attending Maddox Seminary at
Little Rock is visiting home this
week.
The special revival conducted
by Rev. McIntosh closed Sunday
night.
lgasss!ss!m'*m *•*jssSssb
E. LESS, President, ALEX BERGER, Secretary-Treasurer.
The country bank located in a rapidly developing
section, where there is a good demand for money
at 8 and 10 per cent is just as sound as the big city
bank, and can make more profit on a 5 pei cent
dollar than Pittsburg and Cleveland can make on
a -? per cent dollar. And it is in a better position
to explain how it makes its money than the city
t bank is.
The American Trust Company pays 5 per cent
interest on money left for 12 months on amounts
of $200.00 and upwards. Write for particulars.
Write today.
I CURTAILS DAVIS’ APPOINTING POWER
Supreme Courl Derides He Has No Au
thority to Appoint to Fill Un
evpired Terms.
Little Rock. Ark., April 23.
By the decision rendered by
the Arkansas supreme court this
morning, amendment No. 3 of
of the eontitution of the State of
Arkansas, authorizing the gov
ernor to fill vacancies in elective
odices where such vacancies oc
cur before the regular elections,
was declared void.
The decision was based on the
case of H. D. Palmer vs. R. R.
Rice, circuit clerk of Lincoln
county, Rice being the appointee
of Governor Davis, to till the un
expired term of the former in
cumbent. The decision was ren
dered through Chief Justice Hill,
Associate Justice McCulloch dis
senting.
Associate Justice Riddick will
deliver a separate opin'on, con
curring, however, in the decis
ion of the majority of his col
leagues. This decision declar
ing null and void amendment
No. 3 of the state constitution,
removes from the hands oi the
governor his appointive power,
in cases where there are vacan
cies in unexpired terms.
The decision upholds the ver
dict of the lower court and de
clares that when vacancies in
unexpired terms occur special
elections must be held.
A direct bearing on the ap
• . C* __l'i_„
appuuiLiliant vuui
prosecuting attorney at Hot
Springs, is carried by the su
preme court ruling.
It is probable that proceedings
may now be started to oust Scog
gin and have a special election.
Such action would have a most
important bearing on the “lid”
! question.
WHAT THE DECISION SAYS.
I
The decison, which is a lengthy
one, deals to a great extent insit
uations substantiating the stand
of the court and says in part-:
“The constitution provides how
the amendment shall be passed
through the general assembly
for submission to the people and
I' ’ ’ " ‘that immediately preced
ing the next general election for
senators and representatives at
which time shall be submitted
to the electors of the state for
their approval or rejection, and
■ if a majority of the electors vot
! ing in such election adopt such
| amendment the same shall be
1 come a part of the constitution. ’ ”
“Such election, evidently re
fers to the general election for
senators and representatives.
Any other construction would be
straining the natural meaning of
clear and proper English. The
1 majority necessary to adopt
would be the majority of the
electors voting at the general
election for senators and repre
sentatives and not a mere ma
jority voting on the subject of
the amendment. The framers
of the constitution of 1874 used
plain and simple English.
Governor Frantz of Oklahoma
contributes an article entitled
“The New State” to the May
issue of South-west, published by
. the Passenger Traffic Depart
ment of the Rock Island-Frisco
Lines. The price of the maga
zine is five cents a copy, or fifty
cents a year. Address all com
munications to 1021 Frisco Build
ing, St. Louis, Mo. t May 1
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