Pine Bluff daily graphic., 1913-03-20
ARGUE BEFORE
 SUPREME COURT
CONTINUED FROM PAGE ONE)

To examplify the point he spoke of the possibility of the senate electing a president who would later become governor, and in case he vetoed a bill which the majority of the sen ate supported it could elect new president who would approve the measure, thus placing the power of government in the hands of the ma- jority of the senate. He said if the senate was supreme in the choice of governor. it could have a new one ev- cry day. under the contentious of the attorneys for the appellant Attorney Loughborough contended that the of flee of governor must be independent and not under the coercion of one legislative body.
 Continuing his argument Attorney Loughborough spoke of the condition which was created in 1S44 when Gov ernor Johnson resigned and was sue ceeded by Samuel Adams, the presi- dent of the senate. The term of the senator expired in August and the legislature did not meet until Novem- Der, consequently the acting governor continued to serve several months ia ter his term had expired. He thought the constitution of 1876 was framed with this point ill view, for if the contention of the attorney for the ap- pellant was correct and the success sion to the office of governor should be passed on down to the speaker of the house. third in line, he could not hold the office after his office expired which would be in September, while the regularity elected governor could not take the oath of office until the legislature met and he qualified
 Chief Justice McCulloch ventured the suggestion that President Adams of the senate in 1S44 held onto the office because there was no one to question his right The chief justice continued to ask if the attorney did not think the framers of the constl- tuition thought the succession to the office sufficiently safeguarded when they provided two, after governor, to which the office would accrue, deem ing the possibility of further success sion too remote to be considered. He called attention to the fact that the United States constitution, until re- gently, only provided a vice president and president pro tenn of the senate to which the highest office in the gift of the American people would accrue in case of death or removal from ot- flee. The Chief Justice spoke also of the present case and asked the attor- ney if he thought, in case the senate had adjourned without electlng a president pro tenn. that Acting Gov ernor Oldham could have continued to hold when his term expired in Sep tenber.
 The attorney replied that in his opinion the acting governor would hold until the end of the term to which Governor Robinson was elect ed but he would have to defy the law 10 do so.
 No man will hold the office Of governor. under the present condl- lions. stated Attorney Loughborough. without complying with the law re- garding the calling of an election to Ill the office. and his term will be one of short duration.
 The chief justice then asked what would happen had Governor Robinson resigned twelve months prior to the time fer the regular election. and the speaker of the house should become the governor.
 Attorney Loushborough stated m winding up his argument, there was nothing in the New Jersey case refer- red 10 in the brief filed by the ap7 pellant, with the exception Of con teution upon warrant, which the court decided neither of the contend- ants could issue. In the Colorado case. he stated the court held that so long as the lieutenant governor Is serving as governor his office is not vacant
 George B. Rose. another member of the firm of Rose, Hemingway, Can't rell X Loughborough, continued for the appellee He stated there were but two forms of construction upon the constitution, which bore upon this case. He spoke of the line of succession and the different state con- stitutions, and the changes made ill them. the lieutenant governorship be- ing left out Of the constitution after an unpleasant incident in 1878 when the lieutenant governor had sold out