The Van Buren press. [volume] (Van Buren, Ark.) 1859-1914, 1901-10-12
ARKANSAS STATE NEWS.
Chancellor Martin Holds That Con-
vict Lease Case Cannot Be
Decided on Demurrer.
OCCURRENCES OF A week BRIEFLY STATED
Census Report shpws Wonderful Increase
in MA nufacturing For This ststs-Rs-
ports of state Treasurer and state
Land Commissioners.


IL the suit of the Arkansas Brick
Manufacturing Company against the
board of penitentiary commissioners,
In Pulaski chancery court, involving
the validity of the contract with the
company for the hire of 300 convicts
for a period Of ten years, Chancellor
Martin held that the case cannot be
decided on demurrer. The courts
, ruling follows:
First. That the motion Of the Brick
Manufacturing Company to strike
from the files the motion of the state
to be made party should be over
ruled. because 1t is founded upon the
false theory that the state not being a
party to the suit. cannot file any pa
per until 1t is made a formal party to
the record. when as mater Of correct
practice 1t may, by leave Of court, file
a petition to be made party. and
fupon that motion, that is. the motion
of the state. the court will determine
its legitimate relation to the litigation
and its right to complain or defend
without striking from the files of the
states petition.
Second. That the states motion 70
be made a party, solely for the pur-
pose of moving to dismiss the entire
action, should be overruled, because
(1) while the state cannot be sued In
amy court without Its consent, upon
the theory Of law derived from the
common law, and emphasized by con-
stitution and statute. that the SOW
ereign Will do no wrong, but will al
ways do justice without compulsion
from any tribunal. When, however,
one or any number Of Its officers are
guilty Of acts done In the name of the
state, which are alleged to be wrong
such as attempting to annul, by sim
pie resolution Of a board. without the
right to be heard, contract the
courts have always interfered by
proper process to prevent such acts
as are illegal on the part Of the states
oficers, and, as has been decided by
the supreme court Of Arkansas and a
the supreme court Of Arkansas and a
large number Of others, the courts
will not permit the sovereign to In
terpose Its sovereign exemption to pre-.
sent an investigation of the real mer'
Its Of a controversy growing out of
the alleged illegal acts Of Its officers;
and (2) II the court should sustain
the motion of the state to be made q
party for the exclusive purpose Of
moving to dismiss the action, Its duty
would be to sustain the motion only
to the extent that 1t affects the party
making 1t, that is, the state; and the
result would be simply to dismiss as
to the state and leave the action still
pending as to the other defendants
the officers whose acts II illegal, may
be restrained. No useful purpose can
be subserved. and the court Will not
do the fruitless thing of making the
state q party to the suit for the pur'
pose Of Diminishing as to 1t, and thus
leave the action Just as 1t stood before
Third. Some Of the questions aris
ing on the demurrer to the bill are
of such character that an investiga'
ton into the facts should be had. THE
demurrer admits all Of the material
allegations OF the bill, and admits, In
this case. too much,