Pine Bluff daily graphic., 1914-11-24
Law Says Public Weigher Must Act, Yet State Fails
 to Supply Weights.
HODGES ATTORNEYS
 MUST ACT QUICKLY
Supreme Court Rules That Motion for Rchearing Must Be Filed by Next Monday Mountain Wins
 on an Appeal.

Little Rock, Nov. 24.-ln reversing and dismissing the case of G. w. Pet ty vs. C. H. Lyons, Polk circuit court, the supreme court has placed the man with cotton to be weighed, in counties where weighers are elected. in an em barrassing position. The state law requires the cotton in counties where weighers are elected to be weighed by them or the owner be liable for a misdemeanor. The law also requires the county weigher to use weights which have been approved by the coun- ty clerk, after this official has secured test weights from the office of the sec retary of state. The secretary of state cannot furnish such weights, hence the law requires all cotton in the county to be weighed by him.
 In the Petty-Lyons case. Lyons as county weigher weighed over 300 bales of cotton of Petty and claimed his fee of 10 cents per bale. Petty refused payment and suit was entered. Petty claimed that the weights of Lyons were not accurate and a wide variance was shown in weights when the cotton was shipped away.
 Evidence in the suit disclosed the fact that Lyons had applied to the county clerk for accurate weights ed Secretary of State Hodges fol them, being informed there were none to be supplied The county clerk ther borrowed tested weights from tho county of Sevier and gave Lyons z scale. of weights. The supreme cour holds that Lyons did not properl. weigh the Pettty cotton and hence il not entitled to any fee. The court states that while Lyons is not tt blame he is just the same an innocen offender.
 According to Secretary of State Hodges the government supplied thu state with set of weights back 1T the '40s, but they were destroyed il the sos, and as the government nt longer puts out weights of standard o1 other sizes, and as the legislature fall ed to make an appropriation for thu purchase of them, he is pOwerless tt act. Attorney General Moose was con suited on the question and he inform ed the secretary of state he could dt nothing. Secretary Hodges made fin quiries as to the cost of set o weights, and could find no concerl willing to supply them for less thai $2,8O0, and having nothing to spent for them anyway, he let the matte drop.
 This does not settle the question o how the people in cotton weighini counties are going to get their cottol weighed by the county weigher, or t escape the fine if they fail to do so. Hodges Case.
 Attorneys for Arthur Hodges, con demned to be electrOcuted Decembe IS for the murder of Morgan Garner a Clark county constable, have unti next Monday to file motion in tn supreme court for a rehearing on tn writ of prohibition issued last Frida to prevent the Pulaski chancery cour from interfering with the execution On motion of J. P Streepey, assistan attorney general, this morning tn supreme court reduced the time limi l for filing of a motion for rehearing [ November 30-next Monday. Grover Owen. one of Hodges attorneys. sai this afternoon that the motion will b filed on or before next Monday.
 The Scott Woodbridge c. T. Cothal judgeship squabble. in which Mi Wood is attempting to wrest the judge ship from Judge Gotham and whic was to have been submitted to tn supreme court today, was continue until next Monday.
 Few eases, and those only of mino importance, were decided in decision handed down today.
 Verdict Dismissed.
 l A 5000 verdict against the Yro Mountain Railway company. obtaine in the Lonoke circuit court by O. W Schultz, administrator of the estate ( Luther Schultz. deceased, was re versed and dismissed. Young Schult, an apprentice electrician, was kille in fall from ladder while cleanin arc lamps in the Iron Mountain yard in Argenta two years ago. o. W Schultz, administrator of the estate sued for $15,000 damages for the sei ttaet and $25,O0O for the lads fathel The Lonoke circuit court awarded
 joint verdict of $5.000.
 I It was contended by the plaintii that a ladder used in cleaning th lamps was rotten and when youn Schultz va. using if a rung brokt