The Sentinel=record., 1915-04-09
WEE SMALL VOICE BARRED
Contention IS Made That Governor Hays, Had He Wanted to Veto Bill, Would Have Scratched Signature of Approval Also With Dis"

Judge Guy Fulk has taken the ca e of the Sawyer racing bill under ad- visement. following arguments made in the case yesterday morning by Senator James F. Clarke and w. H. Martin for the people of Hot Springs, and by Reid. Mehaffey and Attorney General Moose in behalf of the state and whatever institution is interest ing itself in fighting this measure. It is reported that a church organizat on is behind the special counsel. and making a last determined stand to prevent Hot Springs getting this law.
 Governor Hays says that a still small voice spoke to him when he vetoed the race horse bill blt he eJesn'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 tilted States says that the mere j.Gning of the bill makes it a law. Governor Hays signed the bill, which is evidence that he intended it should
 
 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 udulged 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 re quire anything on a bill other than his signature
 These were a few of the assertions of United States Senator James P. Clarke, when arguments were opened in the Second division of the circuit court yesterday in the mandamus proceedings against Secretary of State Earle W. Hodges to compel him to declare the Sawyer racing bill a law
 Judge Fulk took the case under ad- visement and stated ne would an nounce later upon what date he would returA his decision.
 Intentions Known.
 Everybody knows the intentions of Governor Hays. He told his friends he would sign the bill,7 said Senator sClarke. "The vital testimony 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 mpor- tance. 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 report it. His signature was on the bill and when he gave it to Mir. Stewart it passed out of his control Any fur ther control ne had over the bill was physical, because he had the execu- tive right to give orders to his secre- tary.
 When the governor gave the bill to him, MT. Stewart says, the excite ment was so great and friends of the bill who were in the office created such a disturbance that he was un- able to read the bill. He even had to order them to stand back. He knew that the governors signature was at tached 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 discus, as we are not basing our con- tentions upon that question. If he did not intend that the bill should become a law, why did he write his name upon 1t? That was all that was nec- essary so long as his veto message did not accompany 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