Pine Bluff daily graphic., 1913-03-20

the president of the senate, who was tool of the Clayton regime He stated this gave the lieutenant goyernorship distaste.
 Speaking of the words in the consti- tuition, which provide for the president of the senate becoming governor for the remainder of the term, or until his successor was elected and quali- i fled" Attorney Rose asked why they i were placed iii the constitution if the senate was permitted to turn the gov ernor out in a day.
 The attorney stated the purpose of the framers of the constitution was to give the government of the state stability, and not to make the office of would dictate it's policy. ursurping all l power through the right of removal, l thus choosing minions or puppets of it's own.
 The present occupant of the office is not president of the senate or Act l ing governor. according to the con tention of the attorney. hut is clothed with all the power of governor. He referred to the construction of the New Jersey Constitution as being old fashioned in that the functions of the acting governor are only those of the president of the senate
 Chief Justice McCulloch asked that if the case referred to was not brought just as this one, to get an opinion which would decide the governorship. He cited one of the cases being ar gued. Mitchell vs Hodges, saying it was very evident that William $. Nit chell, very prominent citizen, was exceedingly anxious to secure not ary public commission The New Jer- sey case in question was where the governor had resigned, the president of the senate succeeded him and later resigned his position as senator, the speaker of the house then entering ColllGSl lOI tlit poollol. nNlC Ndo murderer to be executed and his counsel took advantage of the politi- cal upheaval to test in the courts the right of either contestant to sign the death warrant.
 Attorney Rose replied by referring to the Dred Scott decision. and the consequences of arbitrary decisions by the courts.
 The attorney continued in his argu- cases cited by the appellant were in lieutenant governorships where the state constitutions had provided such an office to make a barrier between the senate and the office. and to pre- vent a break in the line of success sion. He stated that anarchy would result if the contention of the attor neys for the appellant prevailed.
 Associate Justice Kirby asked if the governor before the end of the legisla- tive session, what was the use of elect ing holdover member the president pro tenn at the close.
 w. B. Smith, of Moore. Smith and Moore. closed for the appellant. He stated that the constitution of New Jersey was much the same as that of Arkansas. with the exception that is stated in one section what the Arkan sas constitution placed in three.
 The attorney called attention to the evils which would result if 'the gov ernor resigned and the president of the senate succeeding him. was dom mated by the retiring governor, thus virtually perpetuating himself in of flee. He said the constitution was very plain in the intent of the fram- CTS, through their providing for the election of a president at the opening of the session, and president pro tenn at the close, and this president pro tenn to be a holdover. He also declared the president pro tenn was the legal presiding officer over spe- cial sessions of the legislature.
 Associate Justice Kirby interrupted to ask il it was the intention of the constitution that Arkansas should have two governors at one time, and if it would be any use to elect a presi- dent pro tenn if the president was eN- pected to hold over.
 Attorney Smith stated that if the senate elected a president at the open ing. who was holdoyer senator, there would be no use of electing a president at the close, but the custom of electing a senator serving his second term, as the president at the beginning of the term, had brought about the stipulation that the elec- tion of a president pro tenn be made at the close of the session.
 The attorney spoke of the Colorado ease which is similar in every respect