The Sentinel=record., 1914-04-30
FIRST DAY OF THE TRIAL OF AP- PEAL CASE IN CIRCUIT COURT
 MARKS TURN IN CASE.
90 SUMMONS ARE ISSUED
Judge Cotham's Ruling That the Alp. peal Will Consider With Much Weight the Action of the County Judge Was Important.

Yesterday was rather a field day for the attorneys for the petitioners for the granting of liquor in this city when the appeal from the decision of County Judge Mooney was up before Circuit Judge Gotham in the circuit court.
 At the morning session Judge Cot ham overruled the demurrer which had been so urged by Judge Stump ter, and which if granted would have practically meant the dismissal of the appeal. Not only this. but in the declarations of law on the subject, Judge Gotham announced that in the trial of the appeal case from the county court, much weight would be given the manner and method of the county court in determining the issue in that body.
 Relative to this phase of the court Judge Gotham announced the follow ing authorized declaration of law:
 "Inasmuch as this is a proceeding on an appeal from the county court and inasmuch as the county court had the original and exclusive juris, diction of the subject matter, and was entrusted with the duty of de termining whether the conditions ex- isted for the granting of the order 1 issuing license within the incorpo. rated limits of the city of Hot Springs and inasmuch as the admin istration of the license laws are en- trusted to the county court, if all the facts necessary to give the county court jurisdiction were proven before said court, and, if after a full and fair investigation of the matter, the county court determined that a ma. iority of the white adult inhabitants of the city of Hot Springs signed said petition, it is the duty of the cir cult court to attach great weigh to his decision, and in the absence of any showing, that he has abused his discretion, to affirm the judgment of the county court"
 The point in the decision dealing with the burden of proof, while not as strong in it's wording as might have been expected by attorneys for one side, in view of the claims made in this connection, is as follows:
 "The burden of proof is on the pe- petition herein was presented to the county court. all the necessary juris- dictional facts, in order to enable the said court to render its judgment, were proven before said court. These jurisdictional facts are filing of the petition in manner, form, and ',me as required by statute, the at taching of an affidavit to sucn peti- tion by the person circulating same, and the publication of such petition as required by said act. It must fur ther appear that the majority of the votes cast at the last general election in Garland county on the question of flor license" and against license" were in favor of 'for license" In addition to these jurisdictional facts the burden of proof will be on the petitioners to show that at the time of the presentation of the petition in the couny court, said petition con tained a majority of the white adult inhabitants living within the incor- porated limits of the city of Hot Springs
 The attorneys for the petitioners opened and closed their case at the afternoon session, being satisfied to present their prima facie case, and then let the counsel for the opposing side offer what it had to present.
 There were many motions made and passed on in yesterdays pro ceedings, most all of them being offered by Attorneys Sumpter and Mcconnell for the prohibitionists, and all of them being thrown out.
 MT. Mcconnell filed a motion to dismiss all the petitions, claiming that he represented ST persons whose names were signed to the pe- titions. He presented this as a means of forcing the attorneys for the other side to show who they rep resented. "We take the position that as there are no applicants for liquor licenses here, the other side should