The Russellville Democrat., 1891-03-12

circuit courts of the to practice in tue supp court without supreme court lice, and to compel the court to cons Fl cases whether They are represei Id by an attorney or not.
 Senator Crowley said tho bill is in the interest Of poor litigants who are not able to have brief printed or to employ an attorney.
 Senator Crawford opposed the bill. It is bill to encourage attorneys in incidence. It compels the supreme court to look up all the law; hunt up all the supreme court reports, and search through the transcripts bear ing on the case-a work that thu attorneys have had to perform here. tofore. When he voted to increase the number of supreme judges, he did SD in order to enable the supreme court to keep up with the docket in the interest of justice. But if this bill passes, and the judges are compelled to do the work the attorneys ought to do, they will get behind with their dockets, and the cause of justice and the rights of litigants will suffer. The plea that the bill Is in the interest of poor litigants won't do. It is al- ready the rule of the supreme court that if the appellant or appellee makes affidavit that he is too poor 10 em- ploy an attorney or have a brief printed, his cause shall be examined and decided.
 Senator Gaughan argued that if the bill passes 1t will be worthless. The supreme court has the constitutional right to make it's own rules and it has so decided. He thereupon cited the supreme court decision bearing on this point.
 The bill passed. Ayes, 26; nays, 4.
 Those voting nay were: Allen, Brickell, Crawford and Gaughan.
 Senate bill PIP, to amend Sec 4122 of Mansfeld's Digest, passed. Ayes, 25; nays, 1.
 Senate bill 196, to validate certain corporate contracts.
 Senator Clement in the chair.
 President Clarke took the floor in opposition to the bill, and made strong arguments against it. He claimed that certain foreign corpora tions doing business in this state have violated the law, and now they want the legislature to legalize their violation.
 Senator Washburn claimed that all this bill seeks to do is to validate contracts that have been filed with the secretary of state beyond the time required by law. They are foreign corporations, and were ignorant of the time required by our statutes for the filing of these papers. This technical failure to file within a cer- tain time is all that iDvalidates them, otherwise they are in conformity with the law. Parties in the state have gotten money and other bene- fits from these corporations, aud they can now go into court and re- fuse to pay back or pay for what they have gotten, because tho con- tracts made with them by these for eign corporations are void on &C., count of their failure to file articles of incorporation within ninety days after the passage of the act of 1887, and approved April 4, 1887.
 Senator Trustworthy said the 1nes- ton is not to do justice to foreign corporations. but to do justice to the laws and citizens of Arkansas. The act of 1887 was'sjmply to place for eign corporations on an equality with home corporations. If ignor- ance of the act of 1887 is to excuse these foreign corporations, we ought | to exercise the same clemency | towards citizens within our own bor- ders who are ignorant of many laws that they violate.
 The bill failed to pass. Ayes, 8; nays, "A.
 Senate bill 209, 10 authorize the | enclosing of certain lands within Yell county with cue continuous and law ful fence.
 Senator Clement stated that he ! thought the bill had been so drafted | as to suit all seniors and parties con- cerned.
 The bill passed. Yeas, 25; nays, none.
 An invitation was read inviting the senators to attend an entertainment to be given by the state blind school at their hall next Wednesday after. noon. Accepted.
 Senate bin PA, to prohibit the sale or giving away of any alcoholic or malt liquors within five miles of Chicalah academy, Yell county, Ar kansas.
 The bill passed. Yeas, 27; nays, ).
 Senate bill 252, to authorize the enclosing of certain lands on the Ar zansas river in Pope county, and to 'ontruct gates.
 The bill passed. Yeas, 80; nays, ].
 The private secretary of the gov 'rnor appeared within the bar of the enate, and informed this body that he governor bad approved and