The weekly soliphone., 1915-04-16


 vetoed the race horse bill, but he doesn't say whether he heard the still small voice before he gave the bill to his secretary to report It or afterward. The constitution of the United States says that the mere signing of the bill makes it a law, Governor Hays signed the bill which is evidence that he intended u should become a law. The constltu- tion is not concerned with still or large voices; it only requires Just what Governor Hays did-that he affix his signature. The fact that Governor Hays scratched out the prefix dis to deceive his friends has no bearing upon the case. That such practices are indulged in by Governor Hays has no bearing upon the case. He proved his intention of approving the bill when he signed it. When he ran his pen through dis he didn't run it through his signature because he knew that the constitution doesn't require anything on a bill other than his signature"
 These were a few of the asser- tions of United States Senator Jas. P. Clarke, when arguments were opened in the second division of the circuit court yesterday morning in the mandamus proceedings against Secretary of State Earle w. Hodges to compel him to declare the Sawyer racing bill law, says the Arkansas Democrat.
 Judge F'ulk took the case under advisement and stated he would an- nounce later upon what date he would return his decision.
 INTENTIONS KNOWN.
 "Everybody knows the intentions of Governor Hays. He told his friends he would sign the bill," said Senator Clarke. ''The vital tes- timony is given by the bill itself which shows that he did sign the bill. Whether he did or did not intend to sign the bill is not the question. His name is on the bill and the fact that anything else was written on it is of no importance. Several of his friends came to his office and in their presence he handed the bill to his secretary, Harry Stewart, and told him to re- port it. His signature was on the bill and when he gave it to MT Stewart it passed out of his control. Any further control he had over the bill was physical because he had the executive right to give orders to his secretary.
 When the governor gave the bill to him, MT. Stewart says, the eX- citement was so great and friends of the bill who were in the office created such a disturbance that he was unable to read the bill. He even had to order them to stand back. He knew that the governors signature was attached to the bill and he knew that the governor had told him to report it, but he says he didn't know whether it had been approved, the excitement was too great for him to find out.
 ''The question of the veracity of Governor Hays and of witnesses who testified yesterday, l do not care to discuss, as we are not basing our contentious upon that question. If he did not intend that the bill write his name upon it? That was all that was necessary so long as his veto message did not accom- pany the bill. He gave none of those gentlemen in his office the impression that he intended to veto the bill. While friends of the bill were in the governors office he ran his pen through the prefix dis and gave it to Mir. Stewart to re- port. Even though he had not done this when he gave it to MT. Stew
 
 signed it. But, Mir. Stewart return ed to the office and gave the bill to the governor who says he want ed to take it home and reconsider it. He had no right to reconsider the bill, for in doing so, he would be vetoing bill that had become an act and up to the present the supreme court has not given the governor the right to veto an act The law is not to enact such schemes as transpired in Governor Hays of flee. If he wants to juggle with the constitution, that is his affair and he must face the circum- stances
 W. H. Martin, assisting Senator Clarke, had cited the case of Rose in the eighty-third Arkansas, when,