The Sentinel=record., 1914-05-14

have been shown to be so tainted with fraud, so replete with irregulari- ties and violations of the law as to render the result doubtful or uuCer- tain, the whole petition should be dismissed. On the evidence as dis closed by the record in this case, do not so find, and the motion to dis miss the petition as a whole will be and is hereby denied
 "ln this same motion the court is asked to suppress petitions num- bered 6, II, 45, 47, 52, 5S, Go, 63, 73, 7G, 77, Sl, S2, S3, 92, 95, lOl, 10f, 106, ll3, IF, 1l9, 123, l29. l33, l35, l3S, l4L l42, 143, Ill., 149, 155, 15G, 162, l65, lG6, los, 1G9, ITO, I'll, l72, IT, lS1, lS2, l92, l97 l-2, 199-N, 199, 2O3, 2O9, 2l3, 2l7, 23O, 23l, 239, 25l, on the following grounds.
 "(a) Each petitioner thereon did not sign his or her name.
 "(b) The signature of the peti- tioner who did not sign his or her name thereto was not witnessed by two reputable white persons.
 "(c) Because the provisions of the law, as provided in section of act No 59 of the Acts of Arkansas were violated in the signing of said peti- ton.
 The evidence taken on the cross examination of the persons circulat- ing the above and foregoing petitions discloses in each instance that one or more petitioners did not sign his or her name to the petition, but it was signed by some other person al the petitioners request in the circu- latOrs presence, and 1t also shows that in some cases where the peu- toner could not write then his or her signature was witnessed by two reputable white persons who can write who shall sign their names as witnesses, and give his or her post office address. So far as the proof shows these irregularities were not the result of fraud on the part oi those circulating the petitions, but rather due to ignorance of the law, or d wrong construction of its provi- sions. l think that this section means just what it says, and that it should have been compiled With but it seems unreasonable to contend that one or two such irregularities would invalidate the entire petition, and the court refuse to consider the names of other signatures to the pc titon, which are undoubtedly gen uine and disfranchise them on this account. As to all such names where the law has not been complied with the court will hold that petitioners have not made out a prima facie ease. but will require other proof of their genuineness, if they want such names counted.
 As to the part of the motion which asks that certain petitions be suppressed CD because no affidavit or oath of any kind was made by nor administered to the party who circu- lated said petitions as required, be- fore filing same in county court, and (2) because said petitions are falsely certified by a notary public as having been sworn to before him.
 The court holds that in order to comply with the law, and before these petitions can be considered as prima facie evidence. the persons who circulated these petitions must have been sworn as required by sec ton 6 of the act. Messrs. Davies and Vale. whose names are signed to a great majority of the jurats as nota- ries public, testified that they sWore all the parties indicated by their jurats. This is disputed by some of the persons who circulated the peti- uons. and others seem to De m doubt about it. That any person should, four or five months after the event remember the exact form of words or formula propounded to him by a notary, with nothing to specially i'm press it on his memory is hardly to be expected If he went through some form of swearing and under stood at the time what he was swear ing to, that is sufficient, especially when he signs a printed affidavit which he is presumed to read.
 After going over the testimony as carefully as l could, 1 have come 70 the conclusion that the following De- titions will not be considered by the court as making a prima facie case without other proof of the genuine ness of the signatures on account ot the fact that the parties who clrcu- lated these petitions do not appear to have been sworn, to-wit:
 No. 27, j. T. Jackson; No. IS and No. 11S, J. A. Flanders; No. 99, J. D. Rogers; No. 164, F. J. Mazzia; Mo- 194. A. C. Smith No. 195, R. F. ket- chum: No. 206, w. D. Bean; No. 225. r. G. Scott; No. 2$2, Tom Berg man; No. 243, W ID. Bean; No. 5G, Joe Longinotti Jr. No. 1i3, Joe Longinotti, Jr.; No. 14S, No. 93 and No. 94, Cy LazaruC