The Prescott daily news., 1914-07-29
TO BE HEARD
 AUGUST 9TH AND 10TH
Petitions to Prevent Submission of Bank Guaranty and State Min ing Board Acts Will be Heard
 Before Judge Martineau

DSiO'S JuuSc udi tiftcdu
 Little Rock, July 29.-The petitions for restraining order to prevent the submission of the Bank Guaranty and State Mining Board Acts will be heard on their merits before Judge John E. Martineau in Pulaski Chan cery Court, the first on August 5, and the latter on Aug. 10. Preliminary motions in both cases were argued be- fore Chancellor Martineau Tuesday, at which time ". l.. Moose, Attorney General, was made party defendant in both actions and demurrers filed by the defendants were overruled.
 As the contentious were the same in both cases, fraud being alleged in securing names for the petitions filed with the Secretary of State asking for the submission of the measures to the people, the demurrers were argued in one case for both.
 The first demurrer set up that suf- ficient grounds were not offered to sustain an action and the other was that the court had not the jurisdic- tion to pass upon the cases. Both were overrulled by the court.
 Previous to the taking up of these cases, there was change made in the Bank Guaranty case. Attorney Gen eral Moose was made plaintiff instead of George w. Rogers and Carl Hollis, the suit being brought by him in the name of the state. The defendants argued that the change in plaintiffs would make different action, and the one in question could not proceed on the notice given for the original suit Chancellor Martineau then over ruled his order of the day before by which Attorney General Moose was made the plaintiff and made him a party plaintiff. The attorneys for the defendants then agreed that the At torney General could not lend his name only but must be an active as- sociate if he was to be party plain tiff, but Chancellor Martineau ruled that he could be. The cases were then docketed, the bank guaranty act to be heard first.
 The ruling of the court gives the bank guaranty advocates full week to prepare their case, and the mining board attorneys have ten days in
 
 which to prepare their case. The mat ter must be passed upon by August 27 upon which date the Secretary of State must certify the acts to the county election commissioners if they are to be voted on in this election.
 Attorneys for the defendants are now securing the state to present to the court evidence showing the sig natures which are contested are gen uine. and the witnesses will be brought from distant counties to prove their assertions. The attorneys for the de- fense claim they will themselves throw out any signatures which do not look to be genuine, but they will con tend that there are enough still on the petition to initiate it, the bank guaranty having over two thousand. and the mine board act over eleven thousand signatures more than the number required.
 The banks are represented by W. B. Smith, of Little Rock; the circulators of the petition by B. D. Brickhouse; the mine operators by J. D. Oglesby of Fort Smith; and the miners by Webb Covington of Clarksville and J. Love Grant of Little Rock.
 It is altogether probable that the case will require all the time between August and 27 before all the evi- dence is in.