The Mena weekly star., July 22, 1909, Page 6, Image 6

About The Mena weekly star. (Mena, Ark.) 1904-1977

Image provided by: Arkansas State Archives

                
NO ACTION AGAINST
STATE OFFICIALS
Decision of Supreme Court In Sustain
ing Attorney General Norwood’s Posi
tion Regarding State Contracts
Has Far-Reaching Effect.
I, ale R ik, July 13. — YYiiih
the opinion of the supreme cour
in the case of J. A. iVc >ck vs.
the State, yesterday, quashing
the judgment of the cti men
court fining him $5'K) lor con
tempt in removing Convicts fun;
the plant ot the Ark msas Mru
& Manufacturing cou p my hI.. i
the chancellor li id enj nned Mich
action, dealt directly wall the
question of unconstitutionally ol
any action brought against an
agent of the state, yet there were
other questions pissed upon in an
indirect way which are believed
by those who have read the opin
ion carefully to bo decididly ot
moro importance than meicly
quashing a $500 fine against the
penitentiary superintendent.
One statement in the opinion
contains practically the gist of
the argument used by Attorney
General Norwood in his argu
ment before the circuit court re
cently, when he was contending
that, under the constitution, a
contractor with the state has ab
soiutciy no resource in case ms
contract is abrogated, except the
charity^ of the legislature, and
that in contracting with the state
the contractor “takes the risk” of
being dismissed without cause or
official recourse. This argument
was prompted by the contention
of the circuit judges that the con
tract entered into in 1903 be* ween
the state and the contractors.
Caldwell & Drake, is still tn force
and effect.
The supreme court says that
the state can not be sued, and
that where it presumes to s;t
aside a contract or declare it at
an end (as it did when it dcclaicd
the Dickson contract at an end
last January), contractor is abso
lutely without recourse except to
appeal to the legislature to “get
what he may be justly entitled
to.” A suit against even the
agents of the state for setting
this contract aside is forbidden
by the opinion of the supreme
court, as being in effect a suit
against the state, an unity wh:ch
cannot be used.
While the opinion just deliver
ed is basnl on the 1) ckinson cor
tract, its application is general,
anil says in effect that the s ‘tting
aside ot the contract with Cald
well & Drake by the leg s’ature
is an act for which the state c; n
not be held accountable, so i s
application is readily interpreted
by lawyers. In other words, it is
contended, the merits of any suit
that tlie contractors might insti
tute in the state courts to test the
constitution lity of lie l\m r on
I and Oldham .cts, on tbo grun u
th a th y h ,ve- violated a con
tract, I) vc pract'cally bee i set
tled in ilvatico by tl.o state su
preme court, and settled adverse
ly to tbo contractors.
i wiiai eilirei inis win iiuvw
1 whole case and what will
c attitude of Caldwell 4
toward any further pro
rc in the state courts, is a
r of much interest, pirticu
in view of the refusal of the
supreme court to advance
andamus case against the
auditor and involving the
X) in vouchers held by the
actors.
at the interpretation of the
>1 courts ii. - call into que -
he contentirt. *.hat the state
itution givis tne common
h the unrestreted right to
a contract, should the case
tried to the htleral tribunal,
nitt- d by a i umber of attor
wl.o hold that, even if ex
ly permitted by the state
itution, it could not be al
I under the express provision
- federal constitution against
iolation of the provisions of
tract.
Mow’s I his?
Her One Hundred Dollar Reward for
catarrh that cannot hocured by llall«
ht'ure. F. J.Oll KNKYAUO., Toledo,O
the undorttlKited, have known F. J
f for the lant lf> year*, and believe him
ily honorable In all business transact
Waldtna. Kin nan A Marvin. I
-i i i _ — - - |
anted—Smooth gum or elrs
or 28-inch blocks, 1J4 feet in
e'er or belter. Pav $7 pci
sand, delivered at Mena boi
anufacturiog Co. 28tl
CHAUTAUQUA NOT A SUCCESS
People at Fort Smith Learn When They
Find the “Show” Is a Lecture.
Fort Smith, July 14.—i' |, c
Chautauqua is now on, but there
is every indication that it will be
a financial failure. The program
n an anr>uallV excellent one, but
the general public does not ap
pear to take kindly to the ven
ture. Only about 500 reason
lickc s have leen sold at $2 each.
Sundiy night, the opening
gl . h pai admission «mount
* l" o.i \ 22, while not more than
•■ill h seas, u t ci els were rc[ -
esiu'ed.
N twit list aml'ng the extensive
• ‘veritsitig done, there are num
1 is wrm don’t know thai a Ctiau
tauqjj is in progress.
Not a few of Uiosc who pa id
-ingle admissions Sunday night
imagined they were attending a
Iram.itic performance, and when
hey found it was a lecture, left
the auditorium.
BIG WILD WEST
PERFORMANCE
Cowboy W. F. Hale Will Give Roping
Contest at the Meoa Fair and
Celebration.
HOLDS OKLAHOMA RECORD
Challenges Arkansas and Oklahoma
for Championship Contest for
the Two States.
President Dennis and the Amuse
ment committee of the Mena and
Polk County Fair and Celebration
have closed a contract with W. F.
Hale, champion cow roper of the
state of Oklahoma, to be in Mena
during this year’s celebration with a
carload of wild steers, a carload
of cow ponies and his bunch of cow
b>ys.
In the first place Hale’s party will
give each day during the fair an
exhibition in roping and tying steers.
His men will take part in cowboy
relay races. One young daredevil
riding a pony, will chase a wild steer
and springing from the saddle onto
the steer’s neck, catching the ani
mal by the horns and throwing it to
the ground.
W. F. Hale at Enid, Ok., last
March won the championship of the
state of Oklahoma for the quickest
time in roping, throwing and tying
a steer. His time was 22 seconds.
By the aid of good premiums it is
planned to have a roping contest
and Mr. Hale challenges the cowmen
of the state of Arkansas or Okla
homa to meet him in Mena during
the fair, August 18 to 21 inclusive
for a roping contest for the cham
pionship of the two states.
PENSIONERS CUT OFF
Old Soldiers Ask Increase and Investi
gation Shows They Are Not
Entitled to Any.
Batesville, July 14.—(Special.)
—The county pension board,
composed of Col. W. 1. Howard,
J. P. Collin and K. P. Weaver,
passed upon the Confederate pen
sion claims ol this country yes
4.^ _
ILIUdV. UUUM. pvioviiu ,,V.
drawing a pension will receive
none in the future. Tnis is the
result of asking for an increase,
and when the board made the in
vestigations of such cases, some
were found to possess more than
$400 worth of property, showing
they were rot entitled to draw
any sum as a pension. Those
asking for an increase and being
dropped are said to have been in
ignorance of the law, and had
been granted a ^pension in the
first place through error.
CANTALOUPE CROP SUFFERS
Hot Weather Has Practically Destroyed
Many Fields of Melons.
Van Buren, July 14.-The most
promising cantaloupe crop ever
irrown in Crawford county has
been practically destroyed by the
hot weather that has preyailed
here during the past ten days.
As a rule the fields lave been
kept unusually free of weeds and
ijrass and this has caused them o
burn up much quicker than would
have been the case had they been
full of grass. . ,
Ten days ago the crop promised
at least 75 cars, but a large gro w
er this morning predicted that
without a rain ";‘tb,n th* °*X “
h, Ur9 there would not be a cat
load shipped. _
flnrpness of the muscles, whether in
, i,v violent exercise or injury, is
diiceu «>y > free nupliuii*
f,UiCkVchimSwu-SLl!This
uon of CUamiwr luab)u for mus
INVESTIGATING
KILLING OF DUNCAN
Widow of the Slain Millman is Sum
moned Before the Cleveland County
Grand Jury—John Day
Was Acquitted.
Pine Bluff, July IS.—Mrs. 1).
Henry Duncan, widow of the vice
president of the Bluff City Lum
ber Company who was killed at
the mill at Clio bv John I) ty, for
merly the master mechanic, sev
eral mouths ago, was summoned
before the Cleveland county
grand jury Tuesday afternoon
and it is believed from this that
hr grand jury intends to investi
.'Hte thoroughly the killlngol
VIr. Duncan at Clio.
Mr. Day was acquitted at the
examining trial held by Magis
trate Roebuck at Risjn shortly
after the killing, but it was pre
dicted at that time that the kill
ing would be brought to the at
ention of the grand jury.
It is also known that the blind
tigers are being investigated by
the grand jury and a number of
indictments are expected.
Among the visiting attorneys
at Cleveland circuit court at Ris
01 ?rc S. M. Taylor, M. Dana
her and T. H. Nixon of Pine
Bluff, U. S. Bratton of Little
Rock, Byrou Herring of Warren,
Oscar Wynne and T. D. Morton
of Ferdyce.
ARKANSAS CHAMPIONSHIP
Mile Running Race Under Direction
of Indian Rector at State
Fair October 7 to 13.
“Indian” Rector of Arkansas,
America’s most noted representa
tive at the Marathon races at
London last year, and who holds
the world’s fastest time record
for 100 meters, will have person
al direction of the contests for
the Arkansas state championship
for the onc-mile running trophy
by the State Fair Association.
The races are open to all bona
fide citizens of Arkansas without
entrance fees.
All applicants will be divided
into racing classes of thirty each,
and will race oil the preliminaries
on Monday, October 11, in lront
of the grand stand, at 1 o’clock
p. m.« The first five in each of
the preliminary races will race in
groups on the next day in the
setni-windup races.
On Wednesday, October 13, the
last day of the fourth State Fair,
the final onc-mile state champion
ship race will be run for the
handsome trophies offered by the
Fair Association.
This plan, arranged by “In
dian” Rector, our most famous
athlete, will give the public a se
ries of events, every one of which
will be a real contest and a genu
ine race merit and of state-wide
interest.
AGREEMENT
Its Litigation With Railroad Commis
sion is Suspended for Years as
With Rock Island and Frisco.
Little Rock, July 14. —An
agreement has been tiled by the
n /'lira kinu tliorn rail r/v.ul
/ -
whereby it enters into the formal
suspension of all pending litiga
tion for the period of one year.
The agreement also provides that
the court tariff and the 7\^ cent
passenger rate shall be estab
lished for the year.
The Kansas City Southern no
tified the commission about three
weeks ago that it would enter in
to the suspension agreement and
no HCtion has been taken in its
case by the counsel of the com
mission, awaiting tne filing of the
agreement. The filing of it yes
terday is the formal step in the
matter and places the road on a
par with the Frisco and Rock Is
land.
With only the Iron Mountain
and the Cotton Uelt left in the
litigation, the counsel for the
railroad commission will be able
to concentrate its efforts toward
a successfulitonclusion of the two
cases. ___________
A Millionaire’s Baby
attended by the highest price baby
specialist could not !*?. cured of stom
ach or bowel trouble any quicker or
surer thun your baby if you give it
McGee’s Baby Blixer. Cures diar
rhoea, dysentary and all derange
ments of the stomach or bowels.
Price 25 cents and 50 cent9. Sold by
Gunnels drug store.
Notice.
This is to certify that I am in
no way connected with the Alicn
Heckett Lumber Co., of Potter,
Ark., neither ’have I been since
January, 1907, therefore am not
responsible for any transactions
of lame. W. A. Beckett
2&-4t.
MOYER STILL CONTROLS
THE WESTERN FEDERATION
President Takes Slap at Opponents
Including Samuel Gompers—
Charges Against Dele
gates.
Denver, July 1C.—Tlie administra
tion forces controlled tin.- deliberations
of the Western Federation of Miners'
convention. By a vote of almost two
to one the convention gave the mem
bers of tho exocutlve bourd the right
to vote proxies In spite of the protest
led by .1. F. Hutchinson, an antl-od
mlnlstrutlon board member. Again
the Moyer supporters scored In pre
venting the immediate consideration
of tho president's annual report In
which that ofilcial bitterly denounced
Ills opponents In tho Federation ns
“trouble 'maker*” and disrupters oi
organized lnbor.
President Moyer also referred sar
castically to Samuel Gompers failure
In the last national campaign to "lead
the iabor votes In a solid phalanx to
tho polls under the banner or a jmrty
dominated by corporate greed."
Charges of serious nature continue
to be made against delegates to the
present convention. Yesterday after
noon John A. Jones of Uowganda,
Out., was accused of being an embez
zler of money belonging to tho nib
bing. Minn., local from which he was
later expelled. The accusation was
made by James Klrwan, former secre
tary of the Federation.
Secretary Krnest Mills report show
ed that there an; now 37,980 members
whllo 15,000 more aro being carried
by the organization; that then; was
a membership gain of about 7,000 for
tho year; that the receipts of the Den
ver headquarters aggregated $11*1.079
and the expenditures $181,258.
DEADlOiRINE
—
THIRTEEN LIVES LOST IN A
NAVAL ACCIDENT OFF THE
ENGLISH COAST.
ONLY THREE OF CREW SAVED
Steamer Ran In Among a Fleer of the
Little Vessels In Tow of a Cruiser
Blue Jackets Had No Chance to
8ave Themselves.
Cromer, England, July 16.—Tho
British submarine designed as C-ll
was sunk by the cargo steamer Eddy
stone at a point four and a half miles
northwest of the Alsborough Light
ship.
Thirteen members of tho vessel’s
crew went to tho bottom with It.
Only throo wore saved. Lieutenant
Brodie and Lieutenant Watkins are
among the survivors. The third man
probably was a sailor.
The cruiser Ronadventuro, with a
flotilla of eight submarines, was pro
coedlng In a southerly direction when
the Eddystone ran In among the ves
sels and collided with C-ll. The sub
marine was stove In and went down
Immediately.
Tho submarines 0-16 and C-17, In
endeavoring to avoid a collision with
the freighter, ran Into each other.
C-17 was .damaged, but there were no
fatalltios'on board either craft.
Battleships and cruisers with ample
salvage appliances wero signaled for
and reached the scone In the course
of the morning. C-ll lies In 15 fath
oms of water Wire hawsers have
been passed under it, and It Is hoped
that It can be raised at onco.
A Russian subntarlno was run down
by a warship In the Black sea a few
weeks ago It sank and most of tho
crew wore drowned.
A Sad Case.
An Atchison man has lain In an un
conscious state ever since ten o'clock
last night. Everything has been done
to arouse him, but all efforts are un
availing. His friends are greatly
alarmed; they fear he may never re
gain consciousness It seemed that
yesterday evening right after diner
tho man picked up ills hat, put on his
overcoat and, although his wife was
sitting right in the room, she did not
say, “where are you going?" He
walked out of the house. At ten o’clock
In the evening the man returned. He
walked Into the room where his wife
eat and tooh off Ml hat and overcoat
Bhe smiled at him pleasantly and did
not say, "Where have you been?" The
man fell unconscious to the floor.—
Atchison Globe.
The Leading Photographer
For everything in the picture line
of yourself or family group. Also
pictures copied and enlarged.
Kodak work finished, and fresh
kodak aod photograph material
always in stock. The finest line
of postal cards in the city can be
tound at my gallery. All sizes
of picture frames in square or
French oval. If I have not got
the size I will make it. I also
have a fine line of molding.
Come and see. Dining room and
parlor pic ires with or without
Irames, pyrograpby material and
outfits, oil and water paints, all
colors, and all sizes brushes. Al
so postcard albums. Kodaks for
rent and sale. Remember the
place—Hiltebrand’s, The Lead
ing Photographer. Gallery on
De Queen street. 103 d&w
Dental Notice.
For the convenience of our rail
road patients, where they so de
sire, we will make easy terms by
which they can have their dental
work done. ’Tis this way: One
half of the amount of the work
paid when the work is done end
the other half to be paid in 30 and
00 days. The prices are too low
to cut, and no discount will be
allowed for cash.
Black & Dickson,
104tf28tf Dentists
picacivc mem uiiu cnuuic iiiciu tu
perform their various duties. So
long as the blood remains free from
infection we are apt to escape dis-.
ease, but any impurity, humor or
poison acts injuriously on the sys
tem and affects the general health.
Pustular eruptions, pimples,
rashes, and the various skin affec
tions, show that the blood is in a
feverish condition as a result of
some humor, or the presence of an
irritating, fiery acid. Rheumatism
comes from an excess of uric acid
in the circulation, while Catarrh,
Sor«s and Ulcers, Scrofula and
Contagious Blood Poison, are all
/ Having used 8, 8. 8. exten
sively I can testify to its merits
t as a blood purifier and tonlo.
| It enriches, purifies and
cleanses the blood of al 1 impur
! ltles, and at the same time la a
wonderful invlgerator, tonlo
and system builder. It is also
a fine remedy for Rheumatism.
It Is master of this very pain
ful disease, and us a tonlo to
give appetite, strength to the
nerves and build up the sys
tem It has no equal.
It Is a very fine mediolne
Indeed, and I have every confi
de nos In It.
MRS. F. L. BAILEY.
702 Linden 8t., Clearfield, Fa.
deep-seated wood disorders that will continue to grow worse as long as
the cause remains. Bad blood may come from various causes, such as
a sluggish condition of the system, imperfect bowel and kidney action,
indigestion, etc., or the trouble may be inherited; but whatever the cause
the blood must be purified before the body can be healthy.
S. S. S. Is a natural blood purifier and tonic. It is made entirely
of the harmless juices and extracts of roots, herbs and barks of recog
nized curative ability, and being free from all harmful minerals is an
absolutely safe medicine for young or old. S. S. S. goes down into the
circulation and removes any and every trace of impurity, humor or
poison. It freshens and enriches the blood and'cures promptly and
permanently Rheumatism, Catarrh, Sores and Ulcers, Scrofula, Skin
Diseases, Contagious Blood Poison, and all other blood disorders. S.S.S.
is the most reliable and at the same time a most pleasant acting medi
cine for those whose blood has become weak and who are suffering with
Anaemia, Malaria or some other debilitating sickness.
A blood purifier fs especially needed in the Spring to cleanse the
circulation of the impurities which have accumulated during the
shut-in life of Winter,'* and S. S. S. is the most reliable and certain of
good results. Book on the blood and medical advice free. S.S.S. is for
sale at all drug stores. THS SWIFT SPECIFIC CO., ATLANTA, GA.
—
R. M QUIGLEY, President. W. A. BISHOP, Cashier.
JXS/Dt SHAVER’ Vie* President. II. A. BABCOCK, Ass'l Cashl «,
THE NATIONAL
BANK OF MENA
The Oldest Bank In Polk- (onnty.
Capital and Surplus $75,000
SAFE, CONSERVATIVE AND ACCOMMODATING.
Latest Improved Safe Deposit Boxes for Rent
None of the funds of this Bank have beenor will be
loaned to its officers, directors or 'emplyees.
-DIRECTORS
K. M. QUIGLEY E. N. HANCOCK .IAS. D. SHAVER
EDWARD KEOGH: M. A; STRATTON
PINE KNOT TAVERN
EDITH MORGAN, PROP.
GOOD MEALS.25c
Short Orders Served Night and Day
Fine, Clean, Cool Beds, . 50c
Country Trade Especially Desired.
Try Us.
. - -■ —- ■•-?•■: "■■--- ■ "
New
Store
in
Mena
Phone 314
Groceries Flour, Feed,
Fruit, Cigars, Cold Drinks
We promise that what we sell will
be au good as you can get anywhere—and
upon this ussuranee we ask part of your trade.
Crabtree & Lyons and Sherwood |
..L.i* i.— -.—- -—A.-. -J-..J
When in need of a
VETERINARY caU
DR. C.F. BATSON
Oflllco ftt Vandiver's l»rug Store.
South Mena Street. Phono 2WL
Guarantee of euro In all chronic can** ao
ceptod. Two year* of practice In Polk Go
WHiTK’8
Cream Vermifuge
THE GUARANTEED
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THE CHILDREN’S FAVORITE TONIC.
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• T. LOUIS. ^
For Sale by Gunnela Drug Co.
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'THHm' DCSIttNtl
rrTm Copyrights Ac.
Anvonc sen ding a sketch and description may
quickly ascertain oor opinion free whether an
Invention le probably patentable. Communion
turns strictly confidential. HANDBOOK on Patents
tent free, oldest ugenoy for securing patents.
Patents taken through Menu A Co. receive
tptcUU notice without etifirgo, In the
Scientific American.
A handsomely tllnstrated weekly. largest dr
culeiton of any scientific journal. Terms. 93 a
year: four months, 91* Bold by all newsdealer*.
MUNN A Co »New Tnrt
Uranoti Oflkou. 626 W Bt- Washington. D, C.
■ promptly obtalued In all counfcrtva, orROFlfTH
■ TRAOl-MARttk, t’aveals and Cepyrights regie- ■
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Id. swift a co.|
S.50I gaventh St., Washington, D.
....WHITE OAK CEMETERY....
The only taied cemetery tu Polk
eoiuuiy. Finwt 'location.
LOTS.FROM SS TO S20
PHONE 370
-■; ' ,;
ODD FELLOWS CEMETERY
Well situated and perfectly
drained Map, plat and in
formation at Odd fellows Bldg.
Phone 242. Old Uadaiy. Snpt.