Pine Bluff daily graphic., 1904-02-17
VERY SIMILAR CASE
IN DECIDING IN FAVOR OF TOWN.
SEND SUPREME COURT SUS.
TAfNS CULpEPPER.
General Opinion of Local Lawyers
That He VIII Win Out in the
Chief OF Police Suit.
OPINION Or TIE COURT IN FULL

il IS TIE general opinion among tie
lawyers tHat J. f. Culpepper mas Won
in the suit f-4 the salar yand office Of
chief Of police ef The city Of Pine
BIutf. The recent decision Of the SIT
preme court il The case Of the state
againsr FoWnsene was decided not
only in regarl 10 the mannef 4 bring
ing the suit. but also On the merits Of
the case and By this decision holds
that . municipal esfce is not state
Office and that there is no incompatl.
bili1y in holding each at the same
time This is an exact parallel with
the Peterson-Culpepper case now
pending in tie supreme court.
The opinion. handed down by Chief
Justice H. G. Bum. the others concur
ring. is as follows
The Opinion.
This cause was prosecuted in fhe
Desha circuit court Gu an information
in the nature of proceeding by 1uo
warranta, by the attorney general
against Henry Townsend, to oust him
frcm the office Of county and probate
ind of nf ha 10
which he had been elected at the
preceding election. and fer which he
had qualified and was acting. on the
ground that he, after he had en-
tered upon the duties of said Office
had accepted the Office of recorder of
the town Of Arkansas City, in said
county, and by said acceptatien of
the recorders Office he had vacated
the office CT county and probate judge
of the county.
\ general demurrer to the petition
was interposed. and thus the questions
are raised: First. wether or rot the
acceptance of the latter office was a
forfeiture CT the former; and also
whether the attorney general was au-
therized to institute this proceeding.
There are or may be two grounds
Gpcn which it may be successfully
maintained, ttat, one who holds an
=,HHce and accepts another, and en-
aeav0r to exercise the duties cf both
at the same time, will be ousted CT
the former in a proper proceeding and
on proper showing. One is that the
holding of the two offitCs at the
same time is forbidden by the provis-
ION If the constitution. and the ether
is where the duties of the two offices
are incompatible.
The provisions cf cur constitution
on the subject are contained in sec.
tons 6 and %, article 10. section G.
IS Ne nerson shall hold y perform
the same department. at the same
time, except as expressly directed or
permitted by this constitution 1t is
also provided in the Goth section
same article, that Militia officers, Off
c rs of the public schools and notaries
may be elected to fill any executive
~ judicial Office
il is also provided in sections 1 and
?. article 4. under the heading of
departments, thus:
Sec. /. "The powers of the govern
n.ent Of the state Of Arkansas shall
he divided into three distinct depart
ments, each of them 10 be cCnfided to
4 seHarate body OF magstracy, towit:
Thcsa which are legislative to one;
ta0eo Whici, are executive to another;
and those which are judicial to an
ether"
See ?. 'No person or collection of
rerzCN being of one of these de-
'.f'zs,l.oi5rs shall exercise any power
s'.',ging to either of the Other. ex-
1eIt in the Instances hereinafter ex-
Gs-assly directed o. permittea. (Section
8 aetiole 194
.e object Of thesa aaye.a prayis-
i5a i to emphasizes tla feet that the
ID cite ot=.so state are di,
= - inte three great classes. the