The Van Buren press., 1901-10-19
ARKANSAS STATE NEWS.
Penitentiary Board Enjoined from
Annulling Ten-Year Con-
vict Lease.
OCCURRENCES or WEEK BRIEFLY STATED
Cotton Belt Engineer Charged With he
ing Member OF Gang of Robbsn-Un.
Successful Attempt to Hold Up'a Pas
ssnger Train on the Kansas City South
ern ct Ashdown.
PsnItsntlary Injunction Granted.


Judge Martin III Pulaski chancery
court granted a permanent injunction
against the state penitentiary board
restraining said board from terminal
ing the contract with the Arkansas
Brick Manufacturing Company for the
lease of convicts.
The decree in full is as follows:
On this day comes the plaintiff, by
its solicitors, Rose, Hemingway &
Rose. and come the defendants. by
George W. Murphy, attorney general,
Morris M. Cohn. T. H. Humphrey and
Kirby G 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-
rer 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 10
stand upon their said demurrer as thus
amended. And the cause is submitted
to the court for its consideration and
Judgment, as upon final decree, upon
the complaint. with Its substituted
amendment and the demurrer of the
defendants, as amended. Thereupon,
Deing we'll 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, ]. w.
Crockett T. c. Monroe. George w.
Murphy and Frank Hill. as members
Of said board Of commissioners. be.
and they are hereby enjoined and re.
strained from In any manner canceling
or annuling said purported contract
without sufficient cause being shown
therefor. That the defendants. r. T.
Mcconnell, as superintendent and keep.
or Of the Arkansas penitentiary, and
M. d. l.. Cook. as financial agent Of
said penitentiary, be, and they are here.
by enjoned 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.
ers, be, and they are hereby enjolned
and restrained from refusing and fail.
ing to execute and carry out the terms
OF said purported contract until Its H..
legality or invalidity as a contract
shall be adjudged and declared by some
tribunal vested by law with jurlsdic.
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