Pine Bluff daily graphic., 1914-12-22
STATE | LOSES IN
 ANTITRUST SUIT Cannot Collect Penalties Be- cause Oil Company Has
 Dissolved.
JUDGE GOTHAM OUT
Scott Wood DeclaFed to He Entitled to Scat cn Eighteenth Judicial Bench-Marriage Don't Relieve
 Wife of Mortgage to Husband.

Little Rock, Dec. 21.-Suit for ap- proximately $4.500,000. brought by the state against the Arkansas Cotton Oil company, was knocked out by the su- preme court today when it sustained the decision of the Pulaski circuit court. The suit was brought to col lect nenalties for alleged violations of anti-trust laws. That the penalties could not be collected from dissolv- ed corporation was the ruling of the supreme court. The court held. how ever, that debts could be taxed against assets of the company.
 John P. Streepey, acting for Attor- ney General w. L. Moose, sued six cotton oil companies for approximate ly 925s 100000 for alleged violations of antitrust laws. During the time the cases were pending in the Pulaski circuit court the Arkansas Cotton Oil cptnpany, one of the six defendants, v0lWHt6slly dissolved and surrendered its charter to the secretary of state. and conveyed it's assets to another corporation.
 Later motion was filed by stock holder of the dissolved corporation asking the Pulaski circuit court to ahstSNthe action against the oil com naNY. ,Ayerring the sstate could not col laGts shHnklties from g dissolved corpor- atiQp.s: nhe lower court granted the mction, xhereupon an appeal to the sllnrAtn& &Q,lrt was taken by the state. The AhReel, acted on today, resulted in <.h vtt donf- sion. JHstice Kirby dlssented.
 DieaQlNttQn, according to the su- prans courts ruling, Is a safe method foT scprporatiQns violating rules and hecQMink liable for penalties. to es- cane ppniehment. The state held that te company dissolved especially to eacaRe spanalties. while the company ContenAed such action had been con- AeWpmted for several months prior to the ihstitption of Attorney General Moose, ,s suit. s.5
 s:sS XXI. Judge Wood Wins.
 ' Scott Wood today was declared iudke ,Of the Eighteenth Judicial dis tRi0t. when the supreme court render el q astudGment of custer against Judge e. n. CQthem, who has been holding EMQ- lNFtS&A &4MNV yAko &4POAASAAVAN Wy Governor Donaghey in 1911.
 < In 1911 Judge Gotham was appoint cd judge of the circuit, which had bsep newly created by the legislature. The coMmisstQn held until the next eaneEal election" which was held in SeHte4ker, 1912. Judge Wood was elected At that election for what he fhought WAS g term of four years, the regular tenure for circuit court judges Howeter, other circuit court judges we're ,Ala0tad at the general election last tall when all terms of circuit judke$ expired.
 Scott Wood was a candidate for the judseship in the 1914 election and re- CAived h majority. However, Judge Gotham insisted that his term did not aXpfe until four years after Woods ,eiection in 19l2 Judge Wood con. tended that Judge Cotham's term ex. pired cohcurrent with terms of otnei circuit judges. Proceedings were hronght in the supreme court to de &ernaihe the entanglement, resulting in tho ruling today, The ruling holds that Judge Woods term began Octo ber. iSi4.
 Wffs Must Pay Mortgage.
 That marriage does not concel g morteAKe held by a husband against his Mite when the debt was incurred preyi0ls to the marriage was the sub- stance Of a decision handed down by the supreme court today in the case ofsJ. s. MoKie Sagainst Luella McKie Appealed from the Garland circuit court. < The couple lives in Hot Eprings. and before their marriage McKie loaned Mrs. McKie money. ob- tainuing g mortgage on property as security. After the marriage she filed snit asking that the mortgage be can celed;' but McKie retaliated by filing s6N tor foreclosure. The chancellor be{ore whom the suits were filed de- clded against SMcKie, holding that the marriage .canccled the debt. The supreme court. reversed the action with affections to the lower court to siyS x decision in favor of Mckie in {h9 foreclosure suit.
 Ihs ccsrt adjourned today until ,,37S' Reelsions Rendered.
 The following opinions were rem dered and sproceedings had in the su- praWe court today: .sRy Ehief. Justice McCulloch:
 .McKie ys. Luella E, McKie, from ,Gsrland chancery court; revers- cd md sEsnaApded; Justices Wood and Heft SdisSent. Es IF Nance vs. w D. Polk, from jClaXs AhahAary, court; affirmed.
 ssN Barnett Bros. vs. John w. Ml&laAt pQm Hot Springs circuit c6Srf wreNAxAed and reWhnded.
 Ia s.ex rel. Attorney General vs. AfkSnSas Cotton oil Co.,. from Pulas- H:cik kcslit court; affirmed: Justice kir- s &lItk sax 3el. Scott Wood vs. Cal Vi II. C8thsm, quo Swarranto proceed i1G jti9 9SIient of custer rendered IF Sinaf HE, respondent; Justice Wood III eipating; Justice Smith dis sSlififk.s
 . 2xs n6taoe Wood:
 C ,XsSk tntef vs. T. IL. Humble. from sf i!NlnSts chancery court: reversed F, sIen1oilAd With directions; Chief jSstieS Nacllleoa and Justice Smith caipsxo. Rock Island < Pacific Rail- --|