The Harrison times., 1916-11-11
SUPREME COURT REVERSED De.
CISIoN OF THE PULASKI CouN.
TY CIRCUIT COURT.
NOT A SUIT AGAINST STATE
Fifteen Days Will Be Allowed Dr..
Bedsoe in Which to File a Petition
For Rehearing-6oard Members
Decline TO Discuss Successor.
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.. +.
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..
Rledsoe as seen as practicable, they
will take no action Immediately. All
of the members left for their homes
TO vote.
DR.. Bledsoe will have Is 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 10 days expire, regard
less OF an announcement of DR.. Bled.
soe's 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 DIR.
Bledsoe, June 8, the board announced
the appointment of DR., c. A. Arke-
bauer, member Of the hospital staff,
to succeed Dr.. BledsOe. 1t was ru-
mored, however that DR.. ]. L. Greene
of Hot Springs, former superintend-
ent, will be again urged to accept the
place.
DR.. Greene, over long-distance tele-
phone from Hot Springs declined to
discuss the possibility of his succeed
ing Or. BledsOe
81 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 rehearing
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 a re-
view of the proceedings Of tribunal
erected by the state to perform GER
tain functions, the one exercised in
removing the superintendent being
Quasi judicial one, and that the state
is not being sued, either directly or
indirectly.
1t 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 10
hear testimony outside the record
made on the trial before the board, in
order to determine whether the evil
dence was legally sufficient to sustain
the boards action After disposing OF
these contentious the court held that
it cannot review the proceedings
merely for errors Of judgment, but
that its power was only to determine
whether the board acted arbitrarily
and without legally sufficient evil
dence. The court said ito do other
wise would be an encroachment by
the courts upon the authority of an
other department Of government by
undertaking to substitute the 1udg-
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 inattenton, neglect and
inetficiency were preferred against
DR.. Bledsoe by the board and evi-
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 a 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