Pine Bluff daily graphic., 1914-02-14

this matter and l will do it according to law"
 Insists On Decision.
 Mir. Sorrells again insisted that the court should render it's decision. "We are entitled to a decision in this case" he said. eff this was a regular trial they might withdraw the petition, but this is an entirely different legal proceeding We feel We ought to have a decision."
 Judge Jones contended that the Supreme Court has many times sus- tained his contention in the matter ''.Just what benefit the remonstrants would accomplish in resisting the withdrawal of this petition and ob- jecting to our taking a non suit, am at loss to understand. l don't know just what we intend to do in the matter, from now on, but we don't want any court decision against us that might prevent us from get ting relief through another proceed ure. These people who have in- vested in buildings, fixtures and stocks are entitled to some consider ation. They are not outlaws. They are citizens of this city and state and gre privileged persons. We are merely asking the court to give us some opportunity to defend ourselves. The higher courts have not passed on this law. The circuit judge has never refused a non suit"
 MT. Sorrells touched upon the con stitut7onality of the oGlng act, when he declared that the petitioners knew it was a law and had proceeded for weeks under it. eff they are going to lose on account of their property rights, I say they have no claim for a non suit. They deliberately stuck their heads into this thing and fought it out to the end. They sel@ted the route and the battlefield and we have beat them. Now they woud prevent us from getting what we are entitled to in the way of decision. We have spent our money fighting the case. They can get another petition any day they want to, but what we want now is a de- cision of this court, after We have made our fight for it. We want an opinion of the court in the matter whether it is put on the records or not. We've made good fight and We want an opinion"
 Shaw Makes Charges.
 Attorney J. M. Shaw, of the remon- strants counsel, also contended that the court should hand down his opin- ion. He contended that Judge Jones could take a non suit if his client agreed to pay the cost in the case. Judge Jones said such was not the law.
 "Give me ten minutes, your honor, and I will get book that will prove to you that it is the law" said MT. Shaw.
 "Give him a week, your honor, if he wants it. He can never show you any such law on the statute books" replied Judge Jones.
 "I've tried to follow the law in this case" said Judge Philpot, "but you've sprung something new on me. The common sense view of it makes me see no reason for resisting the non suit. I can't see where the re- monstrants or the petitioners can be hurt by it."
 "Mr. Shaw announced proposition in this case," said Judge Jones, "that if a non suit is taken it does not be- come effective until the costs are paid. Mir. Shaw can't find any such law or decision of any legislature or court that has ever convened in Ar kansas, and he knows it. Does not our action in this case acknowledge a victory for the remonstrants. What more do they want? That is all we are asking of this court. The court has already ruled that each side pay it's own costs and this has been done.
 .tMr. Sorrells has touched on the constitutionality of the act under which this petition was created.