The Green Forest tribune., 1913-03-28
FUTRELL |S HELD
 LEGAL GOVERNOR
ASSUMES OFFICE WHEN SUPREME COURT DECIDES CASE IN
 HIS FAVOR.
IUDGESDECISi0N UNANIMOUS
Oldham Turns Over Office-NeW Ex ecutive Proceeds to Gall Election
 for July 23.

Western Newspaper Union News Service.
 Little Rock.-Senator James M. Flu trell of Paragould, president pro tenn. of the state senate, was declared by the supreme court to be the legal act ing governor of Arkansas. The su- preme court was unanimous in it's opinion. Immediately after the decis ion had ben rendered, Senator Futrell, armed with the mandate of the court, appeared at the governors office, which Senator w. K. Oldham has been holding since the resignation of Gov. Joe T. Robinson.
 Senator Oldham turned over the office to Senator Futrell, as he had agreed that he would do if the su- preme court decided the controversy in favor of Senator Futrell. 1t was un- necessary for Senator FutrelI to take the oath of office as governor for he had already qualified as acting govern or when he was sworn in as president pro tenn of the senate.
 The decision of the supreme court brought to an end an unsual condition of affairs which has existed since the adjournment of the legislature. Sen ator Oldham who became acting gov ernor upon the resignation of Govern or Robinson, claimed that under the constitution he should continue to hold the office during tho vacancy caused by the resignation of Gov. Robinson, Senator Futrell claimed the office by reason of his election as president pro tenn of the senate. Each has maintained an office in the state capi- tol but by agreement neither has per formed any official act of importance pending the settlement of the contro- versy.
 Almost as soon as the Arkansas Su- preme Court had declared him acting governor Of Arkansas, Senator J. M. F'6trell announced that he will call a special election 10 select a successor to Joe T. Robinson on July p. Gov. Fatrell will issue his official procla- nation immediately.
 1t is expected that Judge A. J. Walls of Lonoke, chairman of the Democratic State Central Committee, will at once call meeting of that committee to decide upon the date of the Democratic state primary which must precede the state election and which will decide the governorship.
 In announcing that he had decided upon July 23 as the date of the state election, Governor Futrell said:
 "This gives 90 days for holding a primary election. This much time is certainly required. It is not within the province of the acting governor to determine that no primary shall be held, which would be the effect if suf- ficient time is not given to hold one. The farmers will be very busy until their crops are partially finished and they probably will have as much spare time in the latter part of July as at any other season of the year.
 Governor Futrell performed grace ful act when he signed Senate Bill No. 1S9, the Lonoke county road bill, immediately after assuming the office of governor. This was a measure fn which Governor Futrells late oppon- ent, Senator Oldham, was interested, and Governor Futrell made it a point to sign it first as an expression ot good will toward his recent opponent for the governorship. Those familiar with Arkansas politics declare that never in the history of the state has a political controversy been carried on is as dignified q manner as the gu bernatoral contest which ended here.