The log cabin Democrat., 1909-07-21
INJUNCTION
 BEING ARGUED

IFittiS No,h' Juiy <i' -hi u
 ments were made this morning in
 chancery co,nt on the petition oi Cald well & Drake for a restraining order to compel the Arkansas state
 capitol commission to cease work
 on the new state capitol. The
 petition was filed in chancery
 court yesterday afternoon and at 4
 o'clock attorneys for the two sides
 appeared in the court before chan
 cellor John B. Martineau, and a
 continuance was asked by James
 H. Harrod and William F. Kirby,
 who represented the state. They
 stated the suit was filed against the
 commissioners as individuals and
 not as a commission for which
 reason they would like time to pre-
 pare a response. Attorney Harrod
 said this could be done in a half
 hour when he would be ready for
 a trial, though he would rather
 have longer time to get authority on the question. He stated he had talked over long distance tele phone with Attorney General Nor
 wood, who notified him not to await his return to the city but to go ahead and fight
 Judge John H. w. Black wood, who appeared with George W. Caldwell. stated he was perfectly willing to have the case go over for day or so if the attorneys for the commission would agree to have heavy work stopped at the building, such as tearing out walls and floors. The attorneys replied they would consent to nothing of the sort. They asked to have the heard this morning, but Judge Black wood stated he was busy in a jury trial ill circuit court
 He walked across the court house and secured promise from Judge Guy Fulk to excuse him alter which he agreed to trial of the petition this morning at 9 o'clock.
 The petition asking for the re straining order is sizzling one It claims the commission went in and attempted to take torcible pos session of the building without egal right. It charges Governor Donaghey with being disappoint ed bidder on the construction of the building, then working for several years and spending SIoo, poo to be elected governor to secure control of the building, and work against the interest of the con- tractors. The complaint further states the contractors are under a S5oo, ,ooo bond for the completion Of the building, upon which bond they are forced to pay au annual premium of 5000 which they say is good if they are not properly | carrying out their contract.
 The contractors allege the SI75, 900 item allowed under the Oldham bill for tearing out old work on the was made that amount by | GovernorDonaghey so as to balance the SI75,oOo claim they have against the state for work already done, the contractors claim if the commission, which like the gov ernor is prejudiced against them, is permitted to tear out the walls, there will be no evidence left to show they were not properly con- structed and the contractors lose their claim for work already done.
 The contractors also allege the actions of the commissioners are not legal for the appointments were never approved by the senate, as the act required. They also the legality of the Old ham act, claiming the state consti- tuition will not permit the legisla ture to pass a law impairing the of a contract. While the hearing is going on the com mission has a large force at the state capitol building rapidly tear ing out walls and other defective work.