Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1915-07-06
Dlsmisses Appeal Because
Relief Sought Cannot
Now BE Granted.
GOVERNORS VETO
UPHELD IN EFFECT
Fort Smith Jitney Owners Win First
Blood in Fight Against $500 Bond.
Woman Compelled to Sit in Train
With Negro Loses.

Little Rock, July 5.-The Arkansas
supreme court, in an opinion handed
down today, refused to rule Oil the
validity OF Gov. George w. Hays ap-
prevail or disapproval of the Sawyer.
racing bill, but dismissed the appeal
in the mandamus suit brought to
compel Erie W. Hodges, secretary of
state, to include the bill in the acts
OF the 1915 legislature when they are
advrtised, on tn grounds that the acts
alrady have been advertised.
For the reason that we cannot
now grant the relief prayed" says
the decision, 1--WE decline to decide
whether appellant (the Arkansas
State Fair association would have
been entitled to relief, were it in our
power to afford it, and the appeal
therefor is dismissed"
Numerous cases are cited in the de-
cisicn to lend strength to the action
CT the court.
The scts of the 1915 legislator.
were advertised, as provided by law,
within the last two weeks. Although
the suit was determined iii tn. Pu-
laski circuit court in April. tn APP
peal was not filed until few weeks
ago. Had the appeal been filed ea'-
lier, it probably would have necessi-
tated a supreme court ruling on the
validity of the governors action on
the measure.
One of the justices, Carroll D.
Wood noted in the opinion that he
thinks the case should be affirmed"
Such action would have been to the
effect that Governor Hays official &C
ton was to veto the bill, for the cir
cult court sustained his veto. me
action this morning, however, failed
to show whether the court as
whole believed the bill was vetoed or
approved.
@Since submission Of the cause
here the fact is called to our atten-
ton that the acts of the General AS
sembly for the session of 1915 al
ready have been published by the
secretary Of state, and it is now be-
come impossible for this court 10
award appellants the relief prayed,
even though we should determine that
+hev we're entitled there" said the
decision.
circumstances Alter Cases.
The following rule was clted' TO-
20 ther with rulings on several othef
cases, as authority for the action III
dismissing the appeal:
"When. pending the appeal the
circumstances change to such an eH-
tent that the appeal involves merely
a moot question, it will, as general
rule he dismissed. Thus, II the term
80 imnrisonment expires pending an
appeal by the jailer from aec,s sns
in a habeas corpus croceedlhs le,eas
in a habeas corpus proceeding reieas.
naal will be dismissed, or the oraer
Granting the writ be affirmed IRE,
snective of the merits If the appear
whore IT appears that the act winch
40 writ commands to be per1ormeu'
had been performed, and OF course
49, soro is true where an event &c
cmrs nending an appeal from an olue.
rafusing the writ which renoers !.
impossible for the court 10 grant on
relief sought. For example, VIZ az
vending an appeal from an oroet u l,
living an alternative writ OF manu- a.
ns in proceedings commenceu
o~o;nst the clerk of the court 10 con-
"e1 tho issuance of judgment ailes
~ 70 have been rendered thereon, :.
o onnaars affirmatively from the PEI,
appears - tho proceedings that the
: s:o. 1,,;th;n which an execution couiu
L sa"s heen issued on the judgment ho ~
n l,arI and that the judgment 10
dormant, the appeal VII oe u''
ed" thu sunreme
oonrt marks an end to the ngnt, - 20 20
.o,;ovod at least so far as court az ~.
..s 10 concerned. The law speclles.
. .,ot tho acts of the legislature mus -,
,l ~ nuhlished and, although anothe -
W p might determine the tratn ~ =.
acliun .;nns If the fair association; u
contentlon.s ~ Lotto to make the racing
bill valid. o.s win. -
Fort Smith 'jitney' ownel so,,rt this
rot blood in the supreme Gull rantad
moorning when the court s orde,
y. mo- ~, q temporary restraining orI.t
tnein ,avont the city of Fort omi ;.
- ~. y s,,foreing an ordinance reaun
iron t,,os each nut up a $4,000 suis sc,
ing ina, ma order, however, provio oel
Donu. nnerator file bonds OF $i,uv,
thar tn n;tn nth the clerk of, the suprem 9,
I eacn % ~ cover their surety for PEI PEI,
court - - f u months. during w ,a;c,
.od OF IL lo court will give a decision
~ the merits Of the case.
i J. rr,-T'- & 49, ~