Pine Bluff daily graphic., 1916-02-15
Supreme Court Sends Coull- ty Seat Election Back for
 New Trial.
aA5 MORE VOTERS
 THAN POLL TAXES
Evidence Submitted to Supreme Court Shows Mere Votes Counted in One Box Than There Were Voters.
 Washington Holds Courthouse.

Little Rock. Feb. 14-Eigh- Eun- dred and forty-five more yctes were cast in the special county seat cleo ton in Hampstead county than there were voters in the county. according to evidence submitted to tic supreme court in the Hampstead county seat suit. today reversed and remanded for a new trial.
 Hope won over Washington in the lower court. but the decision of tee supreme court keeps the county seat at Washington.
 The supreme court held fha, pre- sumption of correctness and Tagu- larity of prilna facie returns from DeRoan township was overcome by evidence introduced on behalf Of the contestants that S45, more votes were cast in the special election than were shown on official lists of the polltax payers of the coiIaty; that there was testimony also Of Illegal voting per mittted by election judges in DeRoan township. and that this testimony. taken together, was sufficient to over come the prina facie returns and to shift the burden to Hope of showing that these returns were in fact cor rect.
 The court further held that there was no testimony on behalf of Hope explaining how the disparity between the official list of3polltax payers and the prima facie returns occurred.
 Other grounds insisted upon by the contestants. the court held. were mere irregularities. and there was nothing in the record to warrant overturnlng the finding of the trial judge to the effect that irregularities in other townships out side of DeRoan were not sufficient to impeach the entire returns from those precincts.
 The case was reinanded for a new trial, and under authority of the case of Bowen against Lovewell, 69 Ark. 501. the appe1lees arc given the au- -hority. if they can. 10 purge the re- tnrns from DeRoan township. and lift the cloud that now hangs over it. If the evidence continues the same. the county seat will remain a' Washington.
 Cases Decided.
 The following were opinlohs rendered in the supreme court Mon- day:
 By Chief Justice McCulloch:
 St. Paul Fire & Marine Insurance corpany vs C. H. Womack, rom Saline circuit court; reversed ano dismissed.
 National Trust and Credi. compan! vs. J. N. Hawks ct al.. from Clay GIT cult court: reversed and remanded.
 Pekin Cooperage company = Roney Nixon, from Greene circua court. reversed and remanded.
 T. M. Oliver vs. R. Whitaker. iron C,av chancery court: affirmed: Jus ,ices Hart and Kirby dissent.
 By Justice Wood:
 I. N. Beakley vs. J. A. Foro, !ron Lawrence circuit court; affirmed.
 J.. H. Webb vs. J. H. Bowden. 1rol Hampstead circuit coart; reverse, and remanded: Chief JusAce McCul lcch dissents.
 By Justice Hart:
 Fl H. Jones vs. Jno. c. Hoyt iron Arkansas chancery court: affirmed.
 Central Coal and Coke company VI Antone Charles, from Seoastian CT cult court; reversed and remanoeo'
 B. F. Mason vs. J. B. k. Bowel from Pulaski circuit cour; aIlirme-
 Will Colum vs. J. C. lhorn.ol from Conway chancery court; a11lrH III Il ed. t's
 By Justice Kirby:
 Leslie Johnson vs. Margaret 1ohl son, from Pulaski chancery court; al firmed. ". T
 Rural special School District vs. JN. Blaylock, frsm Yell circuit court E reversed and remanded.
 R. B. David vs. N. c. Champer T, from Sebastian circuit court; r' yersed and remanded; Chief Justls \ McCulloch and Justice Wood dissen
 By Justice Smith: ,,
 Commonwealth Farm, Loan con pany vs. Jno. Andersen val, wal, od ITO Poinsett chancery court; affirmed.
 Miles F. Bixer vs. w. M' si;a Iaylo from Conway circuit court: aliiime ISs
 w. J. Mcdonald vs' Jos. 5. Muelie si;'as from Greene circuit court; al1irme