The Harrison times., 1911-03-18
(By Clio Harper
LITTLE Rock, March 10,

LITTLE Rock, March 10,
Senator Christian has secured the
second reading of his bill for the alb
clifton of capital punishment in the
! state.
Representative Penix has not vet
had an opportunity to introduce
his bill providing for reapportion-
ment of the state for judicial pur-
poses,
The first week of the extended Scs-
sion of the Legislature witnessed a
determination to dispose.of some of
the big questions pending and to
get away from the trivial which has
engaged so much of the Lawmakers
attention during the ast two
months. And there is plenty of
work to be done, one advantage be.
ing that a great deal of it has been
sufficiently advanced to make pro-
greSS more easy.
The farmer is receiving much ia
vorable attention from the present
General Assembly, as evidenced by
the liberality shown toward the
agricultural schools. The PROPOSE
tion to exempt $500 worth of per-
sonal property from taxation, and
the generous provision being made
for the state fair at Hot Springs.
The Senate passed with only five
negative votes, bill appropriating
$40, 900 for the fair for the next two
years, under the head of ian act
for the encouragement and promo
tion of agriculture in the state of
Arkansas. " This money, each year,
is to be used as follows:
Collecting and installing exhibits
$2500, premium lists etc $500,
premiums agricultural division
$4,000, horticultural division $500,
cattle division $500, swine $500,
horses and mules $500, sheep
500, goats S1C0, poultry $500,
bows corn club $1,000, textile and
culinary $1,000, mineralogy $500,
educationalS750, county fairs 500,
compost exhibits from agricultural
districts $500, miscellaneous $3.50,
a celebrated case that has passed
the courts without final determina-
tion is likel Y to come up in the Leg
islature soon, when q most peculiar
situation will be brought to light,
1t is the famous convict lease case
of the Arkansas Brick and Manu-
featuring Co, in which the state
sues for $l7, ,726 80, and the brick
company sets up a counter-claim OF
more than $4,000, alleging breach
of contract on the part OF the state
Chancellor Martneau, OF Pulaski
Chancery, found the countcr-claim
Of the brick company a just one, but
held that the company had no re-
course at law, as no action could
be brought against the state
An appeal was taken to the Su-
preme Court, which has Just handed
down a decision sustaining the
Chancellor in all points, as to find
ings Of law and facts, This leaves
the Legislature the only source OF
relief for a claim two courts have
held to be valid. Several members
have already expressed their willing
ness to vote for the bill when intro.
duced, declaring that they object to
a repudiation Of just debts, espec-
tally on the part Of the state,
This famous case had it's origin
July 81, 1899, when the state board
of penitentiary management entered
into contract with the brick COM
pany for the hire of 300 convlcts
for a period of ten years at the
rate of fifty cents a day. At the
CNI)ll al llOll VI lHN NDul a mum
Der of convictS were permitted to
remain in the employ Of the COM
pany for a short time, The state
claims S12, 1893 SO a balance due on
the contract, and 1897 80 due on
labor furnished after the contract
had expired The company denies
the Indebtedness and sets up its
counter-claim for damages by rea-
son of the failure Of the state TO fur
nish the requisite 800 convicts a day
as demanded
The decision in the eases was writ
ten by Judge N w. Norton, of For
rest City special Judge sitting in
lieu of Justice ", +. Kirby, who
was disqualified by reason of prior
connection with the case before his
election to the Supreme bench,
Chief Justice McCulloch and Justice
Frauenthal concurred in part and
dissented in part in the decision OF