The Springdale news., 1909-08-13
DONAGHEY
 IS UPHELD. SUPREME COURT ONERRUEES CHANCELLOR MARTINEAU.
WORK ON CAPITOL RESUMED
As to What Steps Will Now Be Taken by the Capitol Con-
 tractors is Not Known.

writ of prohibition estopping Chancellor Martineau from checking or hindering further work on the new capitol building was issued yes terday morning by the three mem bers of the Supreme Court who for the past several days have had be- fore them petition for the writ from the governor and State Gapi tol Commission As the result of the issuance of the writ work was recommended on the capitol baiid- ing Yesterday. afternoon and there Is now every indication that work will proceed OH the building probab- ly for some time before another at tempt is made to interrupt it The opposition to the governor and con- mission has already displayed it's ability and resoHreefulness in the fight i'll the courts. and another new move will not be surprise. However the general opinion was expressed yesterday that Caldwell X Drake would await q final de cision by the entire court sitting in regular session. and then in the event the governor and commission again win out. appeal to the Uni ted States Supreme Court.
 The victory of the governor and commission in the Supreme Court yesterday was elean-eut. all three justices favoring the issuance of the =HfiUof prohibition. Acting Chief Justice Wood based his de- eision on what he termed the broad policy Of the court i'll the recent Piteoek case Justice Hart based his decision on the ground that the suit is one against the state, taking the stand that the Oldham and Patterson acts are constitu- tional Justice Frauenthal who de livered the most lengthy opinion. based his decision on the eonten- ton that the suit is one against the state and that to terminate the con- tract it did not impair the obliga- ton
 The decision of the Supreme Court knocks out the injunction granted by Chancellor Martineau of the Pulaski County Chaneery Court Il few weeks ago The chancellor granted temporary injunction to restrain the governor and Capitol Iai fi ffh h.afs work on the new capitol. The gov ernor and commission failed to comply with the injunction order and they were cited for contempt. no jurisdiction. on the ground that the suit is one against the state and before the chancellor announced his decision in the contempt pro- eeedings filed petition for writ of prohibition with three members of the Supreme Court.
 Governor Donaghey yesterday ex- pressed great satisfaction at the outcome of the Supreme Court hear ing. He said that work would pro- eeed on the capitol as fast as possible and outlined some of the plans.
 One hundred men were at work on the capitol yesterday afternoon and more are to be put to work each day. A large force of stone cutters will be put to work cutting ha cfn of Batesville stone that have arrived and it is expected that the work of laying stone will start within two weeks. The stone will finish un completed walls and other outside work
 rroposal blanks have also been sent out for bids on steel work which will be done on percentage basis It is expected that between 75 and 100 tons of steel will be used The greater part of the steel will be used in reinforcing and strengthening the present structural metal work on the interior of the building, the work which is alleged to be defective by the state and Is now being uncovered by state con- viet labor The steel i'll most cases will be riveted to the present steel work. It is probable that the steel work will be started in one end of the building within the next two weeks
 Whether Caldwell X Drake will take immediate steps to get the case into the federal court is not