The log cabin Democrat., 1914-07-30
ARRANGE HEARING OF INITIATIVE BILL
TWO MEASURESATTACKED
CHANCELLOR WILL DECIDE WHETHER ACTS WERE LE-
 GALLY SUBMITTED.

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 chancery court, the first on August 5, and the latter on August 10. Preliminary motions in both cases were argued before Chan cellor Martineau Tuesday, at which time w. L. Moose, attorney general, was made party defendant in both actions and demurrers filed by the de- fendants 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 suffi- cient grounds were not offered to sus- tain an action, and the other was that the court had not the jurisdiction to pass upon the cases. Both were over- | ruled Dy Cne 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 Cal 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 overruled 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 de- fendants then argued that the attor- ney general could not lend his name only, but must be an active associate if he was to be party plaintiff, but Chancellor Martineau ruled that he could be. The cases were then dock eted, the bank guaranty act to be 1 heard first. ] 1 The ruling of the court gives the bank guaranty advocates full week to prepare their case, and the mining board attorneys have 10 days in which to prepare their case. The matter 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 sigma lures which are contested are genuine, and witnesses will be brought from distant counties to prove> their asser- tions. The attorneys for the defense. claim they will themselves throw out any signatures which do not look to be genuine, but they will contend that there are enough still on the petition to initiate it, the bank guaranty hav- ing over 2,000, and the mine board act over 11,0O0 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 Ira 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 5 and 27 before all the evil dence is in.