The Sentinel=record., 1914-03-08
JUDGE HENDRICKS IN CIRCUIT COURT AT LITTLE ROCK, SAYS
 UNCONSTITUTIONAL.
WILL SERVE AS TEST CASE
Decision Was Handed Down in the Argenta Appeal and Decision Was Agreed to By Attorneys of Both sides-Msy End All Litigation.

Little Rock, March 7.-mdge Hen dricks of the Third Division of the circuit court this morning declared the Going Liquor act unconstitutional and notice of an appeal from his de- cision to the Arkansas Supreme Court was filed immediately by Can. non x Isgrig. attorneys for the pro- hibitionists. The action of Judge Hendricks was agreed to by the at torneys on both sides before the ac- tion was taken. The action will serve as a test suit.
 The action was brought about when the appeal from the decision of Coun- ty Judge Joe Asher in the matter of the petition of Topf & Wright for li- quor in Argenta was called for hear ing On motion of Attorney House for the saloonists, Judge Hendricks dis missed the appeal, and declared the Going Liquor act unconstitutional. The attorneys for the prohibitionists linen filed their notice for an appeal. The Supreme Court has promised to act on the appeal immediately, so decision of statewide importance may be expected early next week.
 May End All Litigation.
 The effect of the decision of the Su- preme Court, in event the law is de clared constitutional, would be to up- hold the Goina aSt and remand this ease back to the Circuit Court for trial on the appeal from Judge fishers court. In case the Supreme Court declares the law unconstitutional, 1t will end all litigation in Circuit Courts throughout the State in which the act has bearing, and the liquor question will be of the same status ss before the Going Liquor act b1- came effective.
 The action this morning by Judge Hendricks was in accordance with the view 10 determine the matter as quickly as possib e. Though the sa- loonists since the law became effect i've have held that 1t was unconstitu- tional, they could not appeal, as their petition took the attitude of comply ing win the law With the prohi- bitionlsts lay the power of asking an appeal.
 The Supreme Court has assured the attorneys that it's decision wih be handed down as eXpeditiously as possible. in order that courts over the State in which matters concerning the act are pending may have bhe authority on which to base their de cisions
 Judge Hendricks this morning gave out the following statement regarding the decision and his reasons govern ing the decision
 Judge Hendrcks' Statement.
 Before several of the county judges there are now pending petl' tions under the Going act Some of these cases have been appealed to the Circuit Courts. When these cases come on for hearing before the Cir cult Courts much time of these courts will be consumed and in all prob ability it will be finally appealed to the Supreme Court and that court will review the action of the Clrcult Court for errors only. All uhls work will he done without the constitu' tionality of the act having been rais' ed.
 After all this time and expense have been expended, finally some criminal case would doubtless be ap- pealed to the Supreme Court for the purpose of testing the constitutlonal- iy of the act and, if it be held uhcoh- stitutional, all this work and expense will result in nothing. In view of the fact that the attorney general mas already held it constitutional, deem it expedient that the question of US constitutionality be decided as soon as possible, I decided to hold said act unconstitutional in order that the question might go immediately to the supreme Court, and there be settled at once. z-
 If I held the act constitutional, it would not have this effect, for the circuit court would then have to pro- ceed, leaving the question unsettled. If the Going act is unconstitutional the cosnty judge of Pulaski county did only what he was authorized un- der the law to do. as the vote in Pu- lask county was for license.
 'The Supreme Court agrees to hear this question immediately so this