Pine Bluff daily graphic., 1915-12-14
W P. Sadler Succeeds Eng fish. Who Held Place for
 34 Years.
a0RRELLS' RULING
 LEVEE CASE UPHELD
s,nrome Court Affirms Decision Sus-
 tsin'ng Demurrer to Proceedings
 Rrought to Condemn Part of Penal Farm for Levee Purposes.

Little Rock, Dec. l3.-The oldest
 amploye or official of the state gov
 .nment has just resigned. For 34
 years the lawyers of the state have been accustomed to seeing Peyton D.
 English in the office of the clerk of
 the supreme court. Failing health has induced him to give up the office,
 Ind W. P. Sadler of Crawford county,
 vho has been deputy clerk for ten years, has been appointed his success sor. MT. English will retire Janu-
 uy 1.
 Colonel English, a son of the late Ebert H. English, who was chief jus
 flee in 1854, and again in 1874, dying
 in 1884, entered the clerks office dur ing his fathers administration, in lss1. as a deputy, and has held the
 otice continuously since that time;
 dheteen years ago he was promoted to the chief clerkship, succeeding w. P. Campbell He was also a clerk in the office for a short time during he days of the civil war, when the anital was removed for short time to Washington. in Hampstead county. Sorre!Ps Ruling Upheld.
 The supreme court upheld the de- esjon of the lower court in sustain Ehg the demurrer of the attorney-gen- Eral to the suit instituted by the Lin Nood and Auburn L4vee district of tancoln county to condemn part of kihe state penal farm at Cummins for ksee purposes. The courts hold that ee constitution does not authorize lroceedings against the state for con- lsmnation of property, and the legls- htsre has no power to make statutes Avering such points. The contro- versy has been settled amicably, the
 suit being appealed solely to obtain supreme court ruling on the point. Under original plans for the levee
 district levee was to be constructed that would have sacrificed a large
 area of the best land in the farm. The
 penitentiary commission refused to allow erection of the levee at the site designated, and following Itha refusal the levee board brought con-
 demnation proceedings against the commission in the Lincoln circuit court The lower court upheld the contention of the attorney general that the district could not sue the
 state, and recognized the states de-
 murrer asking that the petition be
 dismissed. The ruling of the lower
 court was upheld by the supreme
 court.
 Gets Sa,G0O for Injury to Foot.
 John Armbrust of Hot Springs
 county is to recover $5,000 and inter
 est from the Iron Mountain railroad for personal injury received in a
 peculiar way. Armbrust was stand
 lns near railroad crossing near
 Malvern when a fast train passed. A
 piece of coal was thrown from the
 engine tender, apparently by the swift motion of the train, striking
 Armhrust on the foot. He obtained
 G,0O0 as a judgment for personal ln- Jury in the lower court and the su-
 preme court affirmed the decision. A county judge has the power 10 oust a road overseer. according 10 decision in a case appealed rom Conway county. F.. F. Rhoden, county ]udgc, had elected J. M. Johnson, a fead overseer from his office. The
 sonway circuit court held that Judge khoden had exceeded his powers ana nmoved the man who had replaced !oRnson and reinstated Johnson. ihe supreme court reversed the decision, aolding that the law relative to road eSerscers had not created an oHlce' put merely had provided for employ ment.
 Other Decisions.
 other cases decided today by the su- preme court follow:
 By Chief Justice McCulloch: VIII Tillman vs. State, from Desha "rcult court: affirmed.
 G. w. Michaels vs. Ira c. Whlte' lom Cleburne circuit court; afflfmeu' bhy Justice Wood:
 Joseph s. Mueller vs. G. T. Breck-
 sandge, from Greene chancery court affirmed.
 Rush Staggers vs. August Whlte' uom Hampstead chancery court; re-
 'srsed and remanded.
 '. S. Moore vs. Jennie Allen, rom
 .salghead chancery court; reverseo
 aad dismissed. #5 II.