The Mena weekly star., 1909-08-12
CAPITOL CONTEMPT CASE
supreme Curt Hearing Arguments in Mart'neau Contempt Charge Against
 Commissioners.

to delayed trains. members of the supreme court, who were to sit in the bearing on the petition for writ of prohibition asked by the state capitol commissioners were unable to reach the city until about 4 o'clock Tuesday after noon, when the case was immedi- ateiy taken up.
 Judge George B. Rose opened tor the commissioners, who, con- tending that Chancellor Martin eau had no right to enjoin them, had asked the supreme court to take the matter formally out of his hands by writ prohibiting him from passing a judgment de- creeing fiue or penalty upon the commissioners for violating his injunction against further work on the new state capitol.
 It was agreed that each side should have an hour and a half, and as the commissioners has both Judge Rose and former At. torney General w. F. Kirby rep resenting it's members. they will each speak three-quarters of an hour in the case. Judge Rose preferred to discuss the case last afternoon, leaving Mir. Kirby and Judge Black wood, the latter be. ing counsel for the contractors, 10 submit their pleadings today. In pleading the case of commis- sion and contending against the jurisdiction of Chancellor Mar ;iueau, Judge Rose proceeded along the same lines practically as those made the basis for his argument berore Judge Martin eau, that is, that the suit IS against the state and cannot be maintained.
 Of the three associate justices sitting in the case, Judges Wood, Frauenthal and Hart, Judg e Wood was the only member who iuterrogated MT. Rose during his argument, and his iuterrogations indicated plainly that on some points contended by counsel for the commission Judge Wood did not agree with counsel. This adds interest to the case, in the possibility that Judge Wood may not concur ip any judgment for a writ of prohibition.
 An interesting feature of the hearing last afternoon was the reference by Mir. Rose tc certain statements in the original peti- tion filed ny he contractors which he declared were equivalent to contempt of court. The state. ments especially complained of were those alleging that the gov ernor had spent $lO0, 900 in elect ing himself to his office. MT. Rose intimatcd that If the suit had been brought originally be- fore the supreme court he would have argued that this statement was contempt, in making such a charge against the governor, but as it was there ty appeal, he pre- sumed it would not be pertinent to argue this point.
 | This statement as to campaign expenses was made along with others charging that the gover' nor had raised all the present muddle simply because he failed to get the contract to build the new statehouse when he was bid , ding against Caldwell X Drake and that he had cherished sors head ever since.
 Judge Blackwood will present the contractors side of the case today, contending that the con missioners are ordinary trespass- CTS, subject to action as Individu' als, and that the suit is hence within the jurisdiction of the chancery court. Mir. Kirby vii close for the commission, contend ing that the state has the powe' 10 set aside a contract any time | pleases and that the contractor has no redress except through .n' grace of the legislature. In' three judges will take the cas- r under advisement, probably DO
 reaching a conclusion at all 10 I day.