The weekly soliphone., 1915-12-03
SUPREME COURT BUSINESSES
 APPEAL OF W. (. MIDDLETON
(From Mondays Daily Press)

(From Mondays
 < The contest proceedings the mayors office In Paragoud were brought to an abrupt end ths morning when the Arkansas supreme court dismissed the appeal 1of Mayor w C. Middleton because the appellants brief violated rule of the supreme court in that It failed to abstract the testimony and by this dismissal it affirmed the judgment of the circuit court declaring d. l. Hester the legally elected mayor of this city.
 The motion to dismiss the appeal filed in the supreme court three weeks ago by D. G. Beauchamp at orney for J. T. Hester on the ground that M on href contained no abstract of the record and for s reason the appellant submitted legal grounds upon which the supreme court take acton
 One of the rules of the court is that the appellant in an action must abstract the record presenting the salient features of the evidence the court may have something tangible to act upon Attorney Beauchamp claimed thls was not done by Judge J. L Light attorney for Middle ton and insisted he could not write reply brief be- cause the appellant had not absracted the record and hence had no appeal lodged with the court
 Another rule of the court is that where an n appel pei ant fails to abstract the record his appeal may be dls missed upon motion of the appellee.
 This motion Attorney Beauchamp made, and the court today sustained it. and affirmed the judgment Of the lower court.
 The effect of this is to give the office of mayor to J. T. Hester It is presumed MT. Hester will pre- sent himself at the next meeting of the council and be sworn in, although it is understood there no legal par er to prevent him from taking the oath of office before that tme The decree also means Mayor Middleton must turn over Hester the salary he has received since April 12 This amounts to approXimatey, $leo. The cost of the litigation is also charged to Middleton
 The contest was the outcome of the municipal cleo ton held here the first Tuesday in last April Upon the face of the returns Middleton received 37 vote Hester G5 McHaney 132, and Parrish 58.
 Hester instituted contest proceedings alleging many illegal votes had been cast for Middleton Upon trial of the case the circuit court found Hester had been elect ed by ma jority of seventeen votes.
 Middleton asked for trial, which was denied He then asked for and granted appeal to the s preme court He put up supersedeas bond of S2,OOO to cover the costs in the and to protect Hester Tn the salary drawn by Middleton in the event the was finally decided in favor of Hester.
 PETERSON TO BE NEW CHIEF
 When seen this afternoon Mr. Hester stated he had decided to appoint F. Peterson chief of police to sue ceed Pete Houston who appointed last April when Mr. Middleton sworn in as mayor. Asked II there would be any other changes in the personnel of the police force Mr. Hester stated there would be- but de- clned to say what members of the force would be re- moved.
 q do not know when will be sworn in" continued Mr. Hester 'I have been advised l can present my self at any time and take the oath of office However I am in no particular hurry about the matter, and will be governed entirely by the advice of my attorney.
 I shall do everything in my power to give the city a clean progressive administration and will encourage ev- cry movement advance the interests of the people, My long association with the city administrations has put me in close touch with the various departments and can assure the people of Paragoud will make an honest endeavor to discharge the obligations of my office that they will have regrets at having honored me with the position of mayor"