Pine Bluff daily graphic., 1915-10-26
Little Rock and Argenta Tribunals Declared to Be
 Legally Formed.
ST. FRANCIS BOARD
 HAS REACHED LIMIT
Supreme Cour. EniOins It from IsSM- ing More Certificates of Indebted ness-Fort Smith Improvement
 District Loses Unique Suit.

Little Rock, Oct. 25.-The supreme court today upheld the validity of an act of the last legislature creating municipal courts in Little Rock and Argenta and practically abolish1ns the justice of the peace courts.
 "The argument that the act is void because it attempts to impair the vested rights of justices of the peace in collecting fees and emoluments O. their offices is unsound," said the decision "for the reason that such offices havs no vested rights. and the matter is subject to regulation at any time by the legislature.'
 st. Francis Beard Enioined.
 Two other big cases, one tying up $95,670 worth of proposed improve m:nts in the St. Francis levee dis trict and the oiher rendering a yer dict of $52.760.SS against Harry D.. Kelley, J. M. Penney and Samuel Me- Clcui as commissioners of paving district No. ) of the city of For, Smith, were handed down today.
 J. D. Williford of Crittenden county filed suit in the Crittenden chan cery court asking for an injunction to prevent the beard of directors of the St. Francis levee district from issuing interest bearing certificates for five pieces of proposed improve ments aggregating $95,670. Under an act of the legislature of 1909 the dls- trict may, in cases of extraordlnary emergencies, insue such certlflcas..4- to the amount of $21,0O0. The lower court allowed an injunction against the amount in excess of $21 900 but refused to enjoin the board from is suing certificates in that amount for cne improvement. The supreme court, however, found that prior to the proposal to issue the s95,67o worth of certificates $21.000 worth had been issued. The court there fore affirmed that part of the chan callor's verdict granting perpetual injunction to prevent the board from issuing certificates in excess of $21,- 900 and reversed that part allowing the certificates for $21,O00 to be is sued. Perpetual injunctlons in both parts were granted by the supreme court. , Contractors Profit from Commfs.
 siOners' Work.
 A master in chancery allowed Burke brothers, contractors, $42,- 26O.8S cn claims arising from large street construction contracts the company had with the Fort Smith i'm provement district, and the same claims were allowed by the chancery court. The supreme court affirmed the part of the lower courts action allowing these claims and also al lowed an additional $10,500 claim the company contended was due it. Tae S1O.5OO claim was for work done by the improvement district commits sioners, but the contract for which h,sd be5n let to the company.
 Finding that the company could nor make the improvement in the time de- sired the commissioners undertook to do it themselves. When the work was finished it was found that the actual cost had been $10.50O less than the amount for which the contract had been let to the contracting firm. The supreme court held that under the contract the $10,50O as profit should go to the contractors.
 The supreme court also upheld the Sebastian chancery court in finding that the district was not entitled to damages for failure of the contrac- tors to complete the work in the specified time. Delays had been oc- casioned by failure Of property owners to build curbing and gutter ing. to which the street paving to be done by the contracts had to abut. Decisions Rendered.
 The following opinions were rem dered and proceedings had in the su- preme court today.
 By Chief Justice McCulloch: Charlie Owens vs. State, from White circuit court; affirmed.
 l.. c. Holman vs. Sam L.. Mutt. from Howard circuit court; reversed and remanded. - J. F. Ward vs. s. l.. Mutt, from Howard circuit court; reversed and judgment entered here for appellant
 western Union Telegraph Co.,, vs: w. M. stewart, from Logan circuit court: reversed and dismissed. State ex rel, Attorney General vs. Wm. E. Woodruff ct al., from Pulaski circuit court; affirmed; Justice Kirby dissents.
 By Justice Wood:
 Board of Directors of St. Francis Levee District vs. ]. A. Williford. from Crittenden circuit court; af- firmed in part and reversed In part; fContinued on Page 2.1 -s