The Monticellonian., 1901-10-25
ARKANSAS STATE NEN}.
Penitentiary Board Enjoined from Annulling Ten-Year Con-
 vict Lease.
OCCURRENCES OF A WEEK BRIEFLY STATED
Hon. John ID. KimbelI, of Garland Conn ty, Passes Away Young White Man Charged With Assaultins a six-Year Old Child.
Penit entiary Injunction Granted.

Judge Martin in Pulaski chancery court granted a permanent injunction against the state penitentiary board restraining said board from terminat ing the contract with the Arkansas Brick Manufacturing Company for the lease of conyicts.
 The decree in full is as follows.
 On this day comes the plaintiff. bv its solicitors. Rose. Hemingway & Rose, and come the defendants, by George w. Murphy. attorney general Morris NJ. Cohn, T. H. Humphrey and Kirby & Carter, their solicitors, and by consent of parties. the plaintiff. by leave of court. doth file a substitute amendment to it's complaint herein. Thereupon the defendant, by leave of the court, upon their motion. strike out and withdraw the causes of demur. Ter in the demurrer heretofore filed and numbered 3, and 5, and announce that they decline to answer or plead further to the complaint. but elect to stand upon their said demurrer as thus amended. And the cause is submittetl to the court for it's consideration and Judgment, as upon final decree, upon the complaint, with it's substituted amendment and the demurrer of the defendants. as amended Thereupon. being well and sufficiently advised as to matters of fact and law arising here in, as shown by the complaint and con fessed by the demurrer, the court doth order, adjudge and decree that the res olution passed by the board of com missioners for the management of the state penitentiary of the state of Ark ansas. on the 18th day of August. 1901. attempting to cancel anu annul the contract purporting to have been made by and between the parties to this litigation, and filed as an exhibit to the complaint be and the same is hereby cancelled and held for naught That the defendants. Jefferson Davis, J W Crockett. T C. Monroe. George W. Murphy and Frank Hill. as members of said board of commissioners. be. and they are hereby enioined and re- strained from in any manner eaneeling or annuling said purported contract. without sufficient cause being shown therefor. That the defendants. E. T. Mcconnell, as superintendent and keep CT of the Arkansas penitentiary, and M. D. l.. Cook, as financial agent of said benitentiary, be. and they are here by enjoined and restrained from exc cutting and carrying into effect the said resolution of the said board of com missioners, passed. as aforesaid and that they. together with the said mem bers of the said board of commission CTS. be, and they are hereby enjoined and restrained from refusing and fail ing to execute and carry out the terms of said purported contract until it's il legality or invalidity as a contract shall be adiudged and declared by some tribunal vested by law with jurisdic. tion and authority to be illegal or in- valid. That the costs of this action shall be paid by the defendant, for which execution may issue. From which decree the defendants pray an appeal to the supreme court of Arkan sas. which is granted" An effort is to be made to have the case advanced on the docket.