Pine Bluff daily graphic., 1903-12-11
R1R. pTATD1AI,T, EXpFT E;>X13.F T.ATNS
Says lie Know cl2e Law Of Qu3 .'@-1~
ran4o Of 4sri43 1sas.

Arkansas Cry. Ark. Dec. f22.-l,s tor
FtHe Hia# Graphic: IN yaar weekly
69z6aE OF December 8. f9a@@. no5.ee
y5ue4mmeaH on The Townsend Case,
u.aught "a Jhe circuit court here. aad
now pending IA tAe supreme court nav
ing beea advanced on the docket there
last Saturday. As you say this case is
one Of interest to the local bar there,
on account ot its similarity to the cae
Il Culpepper vs.. Peterons which arose
ia your county, and is pending in the
supreme court, you will no dCuhl have
the goOdnas IS 20 allow me to correct
the erroneous statement Of the Town
send case" which you make in referring
to IT, For since the lawyers are inter
ested N the case yCu can readily real
ize the desire feel to have my ac-
items correctly quoted to them, and
the public generally, and | cannot but
believe that you will take pleasure in
allowing me to set myself right since
you have unintentionally placed me in
false light.
The erroneous statements of your
article are:
That *. J. Pindall as prosecuting at
torney of Desha county" brought this
suit.
The first part # this statement is an
error very easily understood as unin-
tenticnal, Judge Pindall being so we'll
known there it did not occur to you
that he is the one whose name is \. }.
Pindall while my initials are X. 0. Nor
is neither Judge Pindall or myself pros
at some net very distant date), and
neither of us in contemplation Of law
brought this suit. though | am largely
responsible for it's having been brought
and am in the case as associate coun-
el for the complainant.
Your next error is that Judge Grace
held that the attorney general was the
proper party to bring the suit
Had Judge Grace held this he would
have held the law. but he did net. The
suit was brought by and in the name
CT G.. W. Murphy, as attorney gener,
al of Arkansas, and Judge Grace held
that the attorney general had no au
thority to bring the suit but that it
must be brought in the name of or by
the prosecuting attorney.
Judge X. j. Pindall has not now
and never has had any connection what
ever with the case.
And now for correct statement cf
the case, a suggestion to the lawyers
interested that the case is properly
brought and am through, with many
thanks for your patient Indulgence:
To quote from appellants brief in
the supreme court:
"This cause arises upon an informa-
ton in the nature of quo warranto, filed
by the attorney general, sn behalf of
the state, to oust Henry Townsend
from the Office of county and probate
judge of Desha county"
The petition alleges that Townsend
was elected as county and probate
judge on September l, 1902, and enter
ep upon the discharge of the duties;
that subsequent to his assumption cf
the duties of that office he was elected
to and entered upon the duties of town
recorder of the incorporated town of
Arkansas City; that in the discharge
of his duties as recorder he had acted
sence of the regular mayer and dis
charged the duties of justice of the
peace in trying and fining one Jim
Shields; that he had no right to fill
both offices concurrently, and that by
accepting the Office of recorder he va
I Gated that of county and probate Judge
and that his continued holding of the
| Office is an usurpaticn. The prayer Of
+! the petition was for the custer OF
Townsend from the office of county and
probate judge. On July 13 appellee de-
INJURED to the petition both specially
and generally but his demurrer was
overruled. Subsequently he filed a
motion to dismiss on the grcund that
the attorney general had no legal au-
thority to institute the suit. This mo-
ton was by the court sustained and
the cause was dimissed. The state ap-
peals.
To the members of the bar who
are interested and all others caring
to be informed as we'll, submit:
That appellee is a mere usurper in
H