The Sentinel=record., 1915-04-04

Two unusual things appear in the answer filed by Attorney General Moose in defense of the mandamus proceedings to require the Sawyer racing act 10 be published and ac. cepted as law. The first is that the constitutiunality Of the measure is at- tackled. The other unusual thing is that Governor Hays is alleged to have prepared a written veto for the act the Saturday before the expiration of the five day limit of Monday follow ing, and that it was always his Iur. pose to veto the act
 The point of Constitutiunality is raised in that the bill is called class legislation. This is probably raised from the fact of 34 of the counties hay. ing been exempted from the proyi- sions of the act through senate amendment.
 To have set up in the answer the al- legation that on the Saturday preyt ous 10 the disposal of the bill by the governor lie had written and signed veto mes sage is raising a new and unexpected point, since it is evidence in the ease for the Hot Springs side that even on the morning of the fol lowing Monday Governor Hays agreeL on who the commissioners would be under the provisions of the act when made law, and that he named at that time a committee Of his friends who would sit with the appointees and de. termine the length of the terms of the various commissioners
 Al-o there is the unusual answer setting up that it is not true that Governor Hays rescinded his veto" although in this respect the answer later admits that the governor did run his pen through the word dis but says that later he recalled the meas. ure and subsequently reiuserted the word dis in front of the approved word written in red ink on the bill.
 The answer in further part says:
 "A duly enrolled copy of said bill was presented tO the governor at his office on March 2, 1915, at 4:20 o'clock in the afternoon of the said day. On Saturday, March 6, 1915, the governor having decided to veto said bill, prepared and executed message addressed to tlo house ot representatives giving his reasons for withholding his approval ot said biI, which message later, on March s. was duly transmitted to the house of rep resentatiyes, while it was in session. together with said house bill
 Tt is not true and the defendant denies that at o'clock of the after noon of Monday March s, the gov. ernOr reconsidered his determination to veto said bill and said defendant alleges that at no time after March 6, 1915, signifed his intention to recon sider or retract his veto of said meas, ure
 "On the Sth day of March, 1915, about the hour of o'clock in the aft. ernoon, said enrolled bill, then being in the possession of the governor, said governor then and there with his own hand wrote on said bill. immediately above the line at the end of said bill, left by the enrolling clerk for the sig. nature Of the governor. the sylab Q dis, which syllable immediately pre- ceded the word approved said woId approved having been placed on said bill by the enrolling clerk of the House of Representatives and imme- diately following the word approved the governor wrote in his own hand writing the following and vetoed March s. 1915. at 1 o'clock pm The line immediately above the line left by the enrolling clerk for the gov ernor's signature then showed the fol lowing endorsement: Dsap1royed and vetoed March B. 1915. at { Q clock, pm
 After this endorsement was made | by the governor, he at once signed his | name on the line left for the purpose, 1 under which line were the words | Governor of the State of Arkansas, | written there in red ink by the IT, l rolling clerk, and the governor in so signing the bill after making the en. dorsements aforesaid, intended there l by to disapproye and veto said bill and prevent its becoming a law: and at no time thereafter did said gover- nor reconsider or retract his act in ye- toing said measure.
 After o'clock pm. of said day the governor ran his pen through the syllable dis and the word and in the endorsement preceding his offI- cial signature on said bill. and within few minutes thereafter said goyer- nor again restored the syllable dis and the word and to said endorse ment. In this form said endorsement appears at this time on the enrolled bill filed in the defendants office"
 Attorney W, H. Martin, who not alone was determined and inces. sant worker for the passage of the act, but who will be associated with Senator Clarke in the legal fight. was in the cit yesterday afternoon and stated that they had secured a post. ponement Of the case from Tuesday