The Ozark spectator., 1916-11-11
DECISION OF PULASKI COUNTY COURT REVERSED BY JUSTICE
 MCCULLOUGH.
SUPREME COURT so DECIDES
1t Is Said No Steps Will Be Taken Un- til IS Days Expire, Regardless of An Announcement of pr. BIed-
 soe's Attorneys.
Little Rock

The Supreme Court reversed the de- cision of the Pulaski Circuit Court in holding that the Board of Control of the state charitable institutions did not have grounds for removing Dr. k. P. Bledsoe as superintendent of the State Hospital for Nervous Diseases. Associate Justices J. c. Hart and Car roll D. Wood dissented.
 While members of the Board of Control said they will remove Dr. Bledsoe as soon as practicable, they will take no action immediately. All of the members left for their homes to vote.
 Dr. Bledsoe will have 15 days in which to file petition for a rehear- ing. His attorneys said they have not decided whether this will be done. The board probably will take no steps until the 15 days expire, regard less of an announcement of Dr. Bled- soes attorneys.
 Members of the board declined to discuss who will be considered as Dr. Bledsoe's successor. At the time the charges were preferred against Dr. Bledsoe, June g, the board announced the appointment of Dr. C. A. Arke- bauer, a member of the hospital staff, to succeed Dr. Bledsoe. It was ru- mored, however, that Dr. J. l.. Greene of Hot Springs, former superintend- ent. will be again urged to accept the place.
 Dr. Greene, over longdistance tele- phone from Hot Springs declined to discuss the possibility of his succeed ing pr. Bledsoe.
 II cannot discuss the matter as long as there is a controversy and as long as it is in the courts" he said. "lf Dr. Bledsoe does not seek a rehearlng things might be different. No member of the Board of Control has approach ed me about the subject since the matter first came up last summer
 In reviewing the case the Supreme Court had to dispose of the conten- ton made by the boards attorneys that this was a suit against the state, and could not be maintained, and did so by saying that the hearing before the Circuit Court was merely re- view of the proceedings of tribunal erected by the state to perform cer- tain functions, the one exercised in removing the superintendent being a quasi judicial one, and that the state is not being sued, either directly or indirectly.
 It also held that the writ of certio- rari was the proper method to bring the case into the Circuit Court, and that that court was authorized to hear testimony outside the record made on the trial before the board. in order to determine whether the evl- dence was legally sufficient to sustain the boards action. After disposing of l these contentious the court held that it cannot review the proceedings merely for errors of judgment, but that it's power was only to determine whether the board acted arbitrarily and without legally sufficient evi- dence. The court said ito do other wise would be an encroachment by | the courts upon tDe aulHoIity oi dii' other department of government by undertaking to substitute the judg- ment of the judges for that of the members of the board in whose care the Legislature has left the state hos pital.
 Charges of inattention, neglect and inetficiency were preferred against Dr. Bledsoe by the board, and eyi- dence was introduced to substantiate these charges. The court found that Dr. Bledsoe in his testimony had given what may be deemed a very satisfactory account of his manage ment of the hospital The court held that there was evidence of substan- tial nature to establish the charges made, and that it was its duty to "leave undisturbed the action of the tribunal especially created by the law makers to pass upon those questions" and that the Circuit Court erred in quashing the order of the board. and its judgment is reversed and the writ of certiorari dismissed.