edll
’HE
CyAgainst
L Petitioners
■ n^ack Through
IBs Names of Many
iE^s to Petition.
■ aftern°on and Tues
BL was given over in
Hourt held in the Board
K the taking of testi
B remonstrants against
Kg of liquor license in
■ And when the noon
B called Tuesday, not
■witnesses for the pro
Bhad been heaid.
■tendance was not so
Bday as upon the op
Bbut through the long
Besses, the crowd sat
■ apparently interested
■turn and detail of the
■Burkett was the first
Bled Tuesday morning.
■ Dan Flowers and his
I said they were now
Bide of the city, but
Bthe first of the year
B on the Will Beard
Be the corporation, H.
Bs corroborating this
Hinton, an engineer on
Shot” knew Bud Stan
aid Stanley had told
ome was at Diaz,
eard testified that Will
ho signed the petition,
framann, that he told
a was not a qualified
it stated that Will
orked at veneering
(and left Newport af
n was filed.
davit of J. T. Wingo
iuced swearing that
outside t'ne city limits.
Green testified that
ck, now running a
gallery here, was liv
Trough when petition
said that two of the
ring in Chastain’s Ad
1 moved to Oil Trough,
tknow when.
Foushee testified that
,{J1 and William Redd
i« country.
®d stated that he
Lincoln Phelps, who j
ton cutter, but that he j
gone one month or i
f8' I
an Dyke testified that j
kok employed at the j
ad not been here the ,
'but didn’t know the j
preferred to by Mr. j
to? Pictures
E2E?JjJ House.
4 Co°D PROGRAM
“Caprice *
feature. Mr.rv Piek
°Wen Moore and Er
te.
*** Production)
T'RDay HOLIDAY”
“MBIOGRAPH)
!D 0F THE WORLD”
arce Comedy)
KELEton in
CLOSET”
^ drama, featuring
Wm. West*
“' *« Paul Hurst.
(KALAM)
^ pictures. Admis
10c and 20c.
WILL BEGIN AT
Mo.
Green. Witness did not know
home of Thebo, who was em
ployed here during the cotton
season, but has since gone to
Texas.
j L. B. Harris testified that H.
I A. Walling was here only three
| days working on telephone
plant.
j T. S. Stephens knew S. B.
j Haggard, now living on his
tfarm, Haggard moved to Calico
Rock last fall and had told wit
ness he spent 2 nights in New
port. Witness knew ,T. F. Blan
ton and Leo Long of Oil Trough
and said B. J. Drinkherd lives
in Bains section.
T. P. Umsted testified that 0.
Brinkley had lived in Black
Rock for ten years, that he had
information W. K. Crow lived at
Magness, that Larry Young told
witness two weeks ago that he
was living in Oil Trough.
Dr. L. E. Willis knew George
Neldon, said Neldon lived near
Auvergne and w’as here under
treatment December 31 to Jan
uary 4.
J. S. Bowen said R. 0. Stew
art lived at Pine Bluff and T. G.
Caperton at Tuckerman.
Herbert Edwards knew Thom
as Smith and that he lived on
Joe Baker’s farm beyond Vil
lage.
Jake Phillips testified that
Dick Lawrence lived at Swifton
and Little Rock, but that he
may live here now.
Bert Fry knew J. C. Crofton,
lived at Magness and worked a
week here for Iron Mountain.
Not having any witnesses at
hand to question further signa
tures to the petition on the
ground of non-residence, coun
sel for remonstrants passed to
evidence upon names attacked
on the ground of signers’ minor
ity.
W. B. Chastain testified that
C. K. Blount came to him and
said he wanted his name off the
petition because he was only 19
years old.
Jake Phillips knew Oliver and
Jessie Lemons; thought former
was 18 or 19 years old, and the
latter 16 or 17.
Mrs. Etta Kelly testified that
her son, D. R. Kelly, was only
20 years of age.
Mrs. Hattie Bentley, a sister
of F. P. Moss, testified that her
brother’s family lived at Bates
ville, but that he claimed New
port as his home.
Bob Tyer of Battle Axe tes
tified that Ike Grooms lived on
the Sam Harvey farm in Bird
tnwnshin.
Miss Ethel Sutton testified
that Allen Sutton, her brother,
had lived at St. Charles, Arkan
sas, for the past year, but came
here on a visit about January 1
and was still here.
W. B. Chastain testified that
Allen Sutton had told him ten
days ago that he lived at St.
Charles.
Rev. S. D. Grumbles stated
that Cecil Nickens was under
age, according to his father and
that Jesse Lemons was under
age, according to his father.
Perry Clark testified that
Fred Chandler or Fred Smith,
was 19 years of age.
Mrs. J. P. Whitson testified
that O. H. Otto and H. A. Wall
ing were here on telephone work
jfive or six days and that their
; home was in the north; also
'that Allen McEwing, whose sig
| nature she identified as hex
(brother’s, was only 17 or 18
years of age.
Homer Atchinson was exam
ined as to numerous girls
names appearing upon petition,
but didn t know their last names
or where they now lived.
John Lawler testified that D.
F. Miller lives at Augusta.
J. I-. McCuistion testified that
i the Charles Fortner he knew
was in jail, but lived near Swif
: ton.
Gus Jowers knew Sylvester
Stillwell and that he was only
18 years of age.
Ed Kelly identified signature
of Fred Iseleman and said that
Isleman was 18 years of age and
lived at Morrilton.
W. W. Campbell stated that
j Carrie Green was about 17 years
of age, that Oscar Deiblebliss
now residing at Jewel Best's
claims Illonois for his home;
that Charles Hace lived at Jack
sonport and Weldon and that H.
C. Thurman lives all the way
from Canada to South America.
Bud Foster testified that his
brother, Charles Foster, was 17
years of age. W. B. Chastain
testified that Charles Foster in
jail said that he had signed the
petition.
Court then adjourned for the
noon recess and re-convened at
1:30 o'clock.
L. McDougald testified that
T. J. McGraw sells adding ma
chines in this territory, but did
not know where his home was.
Passing to the list of signatures
qc vonoofcre HP P
Umsted as a witness testified
that the following names were
repeaters: R. T. Adams, Allie
Busby, J. F. Edwards, Frank
Gablette, T. H. Gilmore, Ed
Hopper, G. W. Bailey, Wm. Ber
ry, W. H. Jarpes, Hettie Oehler,
G. M. Lasster, S. E. Massey,
Charles Reynolds, J. C. Wil
liams, Mary Smith, Thom
as Smith, J. Taylor, Alex Frank,
S. J. Edwards, A. E. Henderson
and J. W. Schloss, a total of 21.
After counsel for prohibition
ists had read the list of names
challenged as unknown, G. C.
Martin was called as a witness.
He had made a census of the a
dult white population of the
city for Mr. G. L. Grant and
could remember as little less
than 500 of the signatures on
the petition as appearing upon
the census taken by witness.
Counsel for remonstrants
then called upon petitioners to
produce the census of the city
as made by Mr. Martin, which
paper the attorneys for peti
tioners denied the right of the
court to request and were up
held by ruling of the court.
Through Rev. B. L. Wilford, the
remonstrants then introduced
the census taken by the prohibi
tionists and the names of peti
tioners not appearing upon this
census were read and checked.
Chautauqua Number Thursday
Evening.
The fourth number in the
Chautauqua course under the
auspices of the School Improve
ment Association, will be given
at the High School Auditorium
Thursday evening.
The attraction will be Robert
0. Bowman, an impersonator,
and is said to be very fine.
The ladies of the association
would appreciate a full house
for which these entertainers are
deservedly worthy.
“Scotch King,” the best snuff
made, guaranteed to be pure all
; Scotch snuff. Choice, rich and
mellow. Wegman-Beton Co.,
(Nashville, Tenn. dlt
Moose Makes
Opinion Public
Holding Going Act Unconstitu
tional Because It Violates
Constitutional Rights,
of Negro.
Special to Independent.
Little Rock, Feb. 10.—Sever
al weeks ago an opinion, which
Atty. Gen- Moose had written
declaring the Going Liquor Act
unconstitutional mysterioucL
disappeared from his office.
While the contest was not made
public at this time, the fact that
it had been written was not de
nied by Judge Moose, and today
the text of the purloined opinion
was made public.
“Since that time,” says Gen.
Moose, “I have been freely crit
icised by some who favored the
saloons, and by others who op
posed them, and by several
newspapers in different parts of
the state. Some ministers of
the gospel have expressed sur
prise and regret that I had gone
wrong. One newspaper said ed
itorially ,that disclosures grow
ing out of the disappearance of
the opinion placed me in a very
unenviable attitude.
“That mv desire to withhold
the opinion, while applicants
for license were engaged in a
legal battle and spending their
money in an affort to obtain
their rights under an act which
was held by me to be unconstitu-.
Jtional, stamped me as a ‘trim
mer,' and as one not fitted for
the position of Attorney Gener-'
ai.Other newspapers have ex-1
pressed their surprise that I
did not give to the public reasons
for an opinion of such interest to
the state.
Now that practically all of the
cases pending in the county
courts have been decided, except
one or two, Judge Moose is
making it public. He says, fur
ther: “Most of us have a mild
contempt for a person who has
not the courage of his convic
tions, although" he may be other
wise decent. It seems to me no
enemy of the saloons could reas
onably censure me for giving out
an opinion that an act of the
legislature intended to promote
temperance was void because
in conflict with the constitution.
;I had nothing to do with the
preparation or passage of tin*
act. and cannot .justly be held
responsible for its provisions. I
was asked, by one entitled to my
opinion, whether or not the act
jwas constitutional. The prohi
jbitionists (and I am one of
jthem) would have approved a
reasonable opinion from me to
the effect that the act was con
stitutional and valid, and would
not have criticised me for giving
it publicity while the cases were
pending in the courts.
“No one is t »und by my opin
ions, not even myself, for 1
have changed and reversed sev
eral of them during the last
year. My purpose now in giv
ing out the opinion is that my
friends who may be inclined to
differ with me, may have the
reasons which convinced me that
the Act was in conflict with the
Constitution. My motive in so j
doing is entirely selfish, if a de-1
sire to regain the good opinion
of my friends is selfish.”
The opinion is quite lengthy.'
The attorney general says in
part: “If the act is unconsti
tutional, it is because it at
i _ i 1 . __ L _• *1_
white citizens which it with
holds from negroes. The act au
thorizes white adult inhabitants
of any city or town of the state
to sign a petition to the county
court for the issuance of license
for saloons, and if the majority
of the white people sign such pe- -
tition, the court is authorized to '
issue the license. Negroes and
other people who are not white,
are denied the right to sign \
such petitions, and are not even
allowed to be counted as being
opposed to them. They can ;
have nothing to say under the i
act for or against the saloon
White citizens may express
themselves effectively on one
side or the other, but blacks ,
may not.”
The attorney general cites the
constitution, which provides1
that “The General Assembly j
shall not grant to any citizen or
class of citizens privileges or im
munities which upon the same
terms shall not equally belong
I
^to all citizens.'' He says, con
menting upon thi.- :
“The negro is a citizen. No one
will deny his citizenship. Dot -
the Going act grant to the white
adult citizen any privilege or
immunity which it withholds
from the adult black citizens? It
so, it attempts to do what tin
Constitution says shall not be
done. Of course, if the General
Assembly attempts to do what
the Constitution says it shall not
do, its act is void, and no one is
under obligation to obey it. The
Constitution is the people’s at
tempt to prevent unjust enact
ments by the general assembly.
The Going Act attempts to
accomplish a discrimination
purely arbitrary. Tn terms it
grants rights or privileges to
white people which do not be
long upon the same terms h
black people. If the general as
sembly may exclude the negroes
from participating in proceed
ings for or against the issuance
of saloon licenses, there could be
no constitutional objection to its
placing the whole matter in con
trol of the negroes and exclud
ing the whites, in which case
the Constitution would seem to
furnish an excellent reason for
holding the act void. The act
draws the color line unmistaka
bly.
To Bring Back Hilton
Special to Independent.
Little Rock, Feb. 1).—Deputy
Sheritl J. Hawkins left Mon
day for Minden, La., with a re
quisition for S. J. Hilton, who is
wanted in Little Rock on indict
ments charging him with grand
larceny, false pretenses and wife
abandonment. Hilton left here
several months ago. It is al
leged in the indictments that he
defrauded a local bank of $500,
a planter of $300, and $2,000
from his wife, who was a step
daughter of the late Maj. Tillar,
one of the wealthiest planters of
this county.
Friday’s Specials.
Fresh fish, celery, lettuce,
mustard, greens, green onions
and radishes.
66d5t Bowen’s Cash Store.
TANGO TO
Berger'S
"STAR CLOTHING HOUSE
Final Clean Up Of All
Winter Clothes. Last Call
All Beniamin Suits and Overcoats now $13.50
Ail Majestic Suits and Overcoats now . $10.50
Crown $4.00 and $4.50 Trousers now.„-.^... $ 2.85
Crown $5.00 and $6.00 Trousers now__ $ 3.85
Remember:
The highest type of Clothes making.
Priced for a quick clean up.
Shrewd buyers now get busy.
I
I Benjamin-Washington Fango Tuxec