Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1914-04-14
DECISION FAVORS
COTTON OIL Mills
State Cannot Attack Proper
ty for Penalty Says
Supreme Court.
AN ANTITRUST SUIT
Cause Of Action Not Debt Arising
Out Of COntract-AutO Own.
ers Responsible for
Drivers Acts.

| lost It's suit against the foreign cotton
| oil mills in the state to enforce PEN
| ally for alleged violations of the anti
trust law, when the supreme court in
thecase Of state VS.. L. C. Ehle, repre-
senting the Little Rock Cotton Oil
company, Forrest City Oil company
! and Pine Bluff Oil company, sustained
| the Pulaski circuit court in quashing
| attachments asked for against the
| above property. The decision will af-
feet other foreign companies ~
volved in the suit for several million
dollars filed by Attorney General Will
liam L. Moose to enforce penalties for
alleged violations of the states anti
trust law.
The court sustained the lower court
does not constitute debt or demand
arising out Of contract. The attorney
general argued that when the compa-
MES entered the state they implicitly
contracted that they would obey the
laws of the state. The court ruled
that this did not constitute contract
action that would warrant the issuing
Of writ :
Owner Responsible for Chauffeur.
In the case of Mary Forbes, admin
istratrix of the estate of George
Forbesi and Louis Reinman and l..
WolfdH doing business as Reinman &
WolfoN Stables, from the Pulaski cir
cult court, the court reversed the judg-
ment and remanded the case. The
court ruled that the owRr of an auto
mobile Is liable for the negligence Of
the chauffeur he hires to drive the ma
chine, no matter If he has used care
in selecting him or not. The appel
lants entered suit in the Pulaski cir-
cult court for damages on account of
the death of George Forbes and the
injury Of Mrs. E. L. Smith while rid
ing in an automobile hired from the
appellees when it ran into an express
wagon on High street May, 1912.
The lower court instructed the jury
that if they find that due care was
used in selecting the driver Of the
machine, the owner was not liable be-
cause the driver was then under the
direction Of the occupants of the car.
This instruction the court ruled was
erroneous, and reversed the case on
that account.
Liquor Case Application.
Chief Justice McCulloch in two
weeks is expected to act on the appli-
cation for a writ of error to the Unit
ed States court, in the case of l. D.
Mcclure vs.. Topf & Wright, in which
an opinion was handed down by the
state supreme court last week, holding
that the Going liquor law is constitu-
tional. The application could not be
acted on until the fifteen days requir-
ed by law for the supreme court de-
cision to become law, has passed.
Cases Decided.
The following opinions were rem
dered and proceedings had In the SUI
preme court today:
McCulloch, C. j.:
Henry Yutterman vs.. James Grier,
from Sebastian chancery; affirmed.
c. J. Buhmeyer vs.. J. w. McGarry.
from Pulaski circuit; affirmed.
| J. l. Porter vs.. F. L. Gossell, from
Pulaski circuit; reversed and dis
missed.
State ex rel. attorney general VS.. l..
c. Ehle, from Pulaski circuit; affirm
" Wood, b.:
Willie H. Hawkins vs.. Minnie Pau
line Reekes, from Greene chancery;
affirmed.
w. Nj. Martin We. John Monger, from
Madison circuit; reversed and re-
manded
Hart.
ChicaeS, Rock Island and Pacific
Railway company VS.. James Gum, adj
ministratbr; affirmed.
st. Louis. Iron Mountain and South
ern Railrbad company vs.. Harry Wir-
bel, from Desha circuit; affirmed.
Mary Forbes, administrative, vs..
Reinman & Wolfort, from Pulaski cir
cult: reversed and remanded.
Smith, j.:
Jones House Furnishing company
vs.. Arkansaw Water Company, from
Pulaski circuit: affirmed.
G. B. Browne VS.. Vestal & Taylor.
from Bradley circuit; affirmed.
A. M. Eubanks vs.. ]. D. Futrell,
from Greene circuit; reversed and re-
handed.