Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1915-03-23
DRAINAGE WORK
NOT AUTHORIZED.
CONTRACTOR OUT
Supreme Court Holds Four
che District Cannot Pay
$4,000 for Work.

Little Rock. March 22.-The SUI
preme court this morning reversed the
Pulaski chancory court in d cacision
relative ic the Fourche Drainage dis
trict entailing approximately 100000,
holding that permanent improvements
made in the district had not been au-
thorized by law and therefore the bills
ale not Collcctable. The supreme court
held that expenses incurred in pre-
liminary work done to ascertain Whe-
Their permanent work was feasible
were just and should be paid and i'll
structcd the chanccry court 20 asccr-
tain the amount Of claims arising
from the preliminary work and to al
low them. It is further ordered that
claims for all permanent work be dis
missed.
The case, the title Of which was
J. X Th ibault VS.. e. l.. Mclianey. 70
ceiver. grew out of contracts let by
the districts board before assessments
for benefits were formally made, and
when these assessments were COM
pleted it appeared that the cost of the
improvements would exceed the as
sessment of benefits and therefore al
lowance Of claims for permanent work
done would have been taking private
property for public use without re-
enumeration Claims for permanent
work aggregate approximately SIS ,00o,
| ii is said These cannot be collected
under the supreme courts ruling.
The supreme court this morning al
frmed y verdict of the Scott chan
Gerry court awarding Arthur Byrd a
divorce from Ella Byrd The divorce
was granted on statutory grounds.
TEN Allen, convicted in Miller
! county of assault with intent to XII
must serve a penitentiacy sentence.
The supreme court this morning af-
| firmed the lower court in finding
Allen guilty. Allen shot and seri-
ously injured Deputy Constable Dick
Choate when the latter was trying to
arrest Alien on a blind tiger charge
Decisions Rendered.
The following opnions were rem
dered in the supreme court today:
BY Chief Justice McCulloch
Arthur Byrd VS.. Ella Byrd. appea
from Scott chancery Affirmed.
w. r. Hildreth VS.. Charles E. Tay
! lor. appeal from Pulaski chancery
court Reversed and remanded.
BY Justice Wood:
j. X. Thibault VS.. e. L. McHancy
receiver, from Pulaski chancery. re
versed with directions; Justice Ilar
and Smith dissent.
4 Jno. Il. Frazer VS.. +. l.. McHaney
lReceiver, from Pulaski chancery. Re
versed and remanded.
c.. r. |, & p. Ry. Co., ct al. VS.
Fourphe Drainage District from .Pu
laski chancery Appeal dismissed.
Tom Allen VS.. state. appeal from
Miller circuit Affirmed.
W. G. Meredith VS.. J. E. Matthews
sheriff. from Clay circuit. Affirmed
st. l.. Southwestern Ry Co. VS.. a
NJ. Burnett, from Prairie circuit
Modified and affirmed.
A. KimbaN VS.. Doris Goldman froI
Desha circuit Affirmed.
j. W.. McCalloum VS.. !. n. Moore
from Clay chanccry Affirmed.
BY Justice Hart:
App Davis VS.. VIM. B. Biddle ct al
receivers, from Lawrence circuit. Ap
peal dismissed.
Ionesboro. Lake City and Easter
Ry co. VS. II. p. Duuavant, from Mis-
sissippi circuit Affirmed.
ST l.. L. NJ. and Sou. Ry, co. w
! j. w. Kimbrell from Whites circui
Affirmed.
BY Justice Kirby:
G. A. Lilies VS.. State OK rel, frol