The Prescott daily news., 1909-07-21
INJUNCTION SUIT BE-
 ING ARGUED TODAY
Attorneys for Both Sides of the Capitol Suit Present Their Pleadingsin
 Pulaski Chancery Court.

Little Rock, July 21 -- Arguments are this morning talk ing place in Chancery Court on the petition of Caldwell & Drake
 for Restraining order to com pei the Arkansas State Capitol Commiss.on to cease work on the new state capitol. The petition was filed in Chancery Court yes terday afternoon at 4 o'clock, at torneys for the two sides appear din the court before Chancellor John B. Martineau and a contin- uance was asked by James H. Harrod and William F. Kirby who represented the state. They stat ed the suit was filed against the commissioners as individuals, and not as a commission for which reason they would like time to prepare a response. Attorney liar rod said this could be done in half hour when we would be ready for trial, though he would rather have a longer time to get authorities on the question. He stated he had talked over long distance telephone with Attorney General Norwood who notified him not ito await his return to the city, but to go ahead and fight. Judge John II w BlackwOod who appeared with George W. Caldwell stated he was perfect " willing to have the case 20 owe rfor a day or so if the att torEeys for the commission would agree to have heavy work stop ped at the building, such as tear ing out maIls and floors. The at torneys replied they would con- sent to nothing of the sort. They asked to have the arguments heard this morning but Judge BiackwoOd stated he was busy in a jury trial in circuit court. He walked across the court house and secured promise from Judge | Guy Fulk to excuse him. after which he agreed to a trial of the petition this morning at 9 o'clock.
 The petition asking for the re- restraining order is a sizzling one It claims the commission went in and attempted to take forcible possession of the building with out legal right. It charges Cover nor Donaghey with being a dis appointed bidder on the construc- tion of the building, then working for several years and spending S1OO. .OOO to be elected governor to secure control of the bui d. ing and work against the inter- est of the contractors. The con- plaint further states the contrac- tors are under a S5OO,0OO boni for the completion of the build- ing upon which bond they are forced to pay an annual premium of $S. 900 which they say is good if they are not properly carrying out their contract. The contrac- tors allege the $175,OO item a. lowed undnr the Oldham bill for tearing out old work on the build ing was made that amount by Governor Donaghey so as to bal ance the S175, ,OOO claim they hold against the state for work al- ready donh. The cOntrac tors claim if the commission which like the Governor is prejudiced a. gainst them is permitted to tear out the walls there will be no evidence left to show they were not properly constructed and the contractors lose their claim to work already done. The contrac- tors also al.ege the actions of the commissioners are not legal sor the appointments were never ap- proved by the Senate as the act required. They also challenge the legality of the Oldham act, claim ing the state constitution will not permit the legislature to pass a law fmpairing the obligation of a contracts
 While the hearing is going on the commission has large force at the State Capitol building, rap idly tearing out walls and if the injunction is not granted today, will have the greater portion of It l. L. l.