The Dermott news. (Dermott, Ark.) 1910-1977, 1916-01-27
- IV
EARLE W. HODGES
Cand date for Governor Of Arkansas.
JUDGES NEED NOT
MAKE RACES NOW
Supreme Court Makes Ruling
Test Case OF Hendricks vs.
Hodges.

The Arkansas Supreme Court de
clded;
that IL is not necessary for circuit
judges and other officers named IN the
l9l5 act consolidating state and ma
ttonai elections. whose terms expire
IN 1919. TO become candidates at the
election to be held in 1916. and that
Earle W hodges. AS secretary OF
state. Was correct IN refusing 10 file
tho pledge under thy corrupt practices
act offered by Judge q. ". Hendricks.
\ literal reading of the act would
sustain the contention OF Judge Hen
bricks. but the court is OF the opinion
that the meaning OF the legislature
would not be gained by such reading.
chief Justice T. a MCCulloch said in
an opinion affirming the Pulaski Cir
cult Cour. decision on the new law
providing for consolidation of cleo
lions, The opinion. handed down.
holds that the eight Chancellors. u
cisuit judges and other officials
whose terms expired prior TO Novem-
tti, ISAN Attu hON 10 III
1916 to run for reelection in 1915
The last legislature passed an act
consolidating state and national cleo
tons. and Judge Hendricks interpreted
the act 10 mean that in order TO be a
candidate TO succeed himself as cir
cult Judge when his term expires in
1918. he must run in the primary in
1916. and offered his pledge under the
corrupt practices act. Secretary OF
State Hodges refused to file It The
supreme Court ruled that the leg isla
ton would not be gained by literal
reading OF the act as the act also pro
vides for the election OF United States
senators at biennial election. when the
constitution OF the United States fixes
their terms at six years. Confusion
would also result in election OF state
senators, who are also mentioned IN
the act, as II would cause senator TO
be elected two years in advance OF tho
commencement OF their service and
would cause them all to be elected tho
same year, which is IN conflict with
the constitution OF the state and other
statutes with reference TO the cleo
ton and qualification OF officers
The Supreme Court hela that the
legislature did not intend to change
the whole policy Of the law merely
to bring about a consolidation OF cleo
lions. 1t is true. the opinion read
that the terms OF constitutional on
GERS expire on October 81 and that
the election in 1916 Will take place
after this date, and would thus result
in an extension OF the terms 81 these
officers, yet there is no constitutions
inhibition against this exercise OF
power by the Legislature. where as an
incident 70 changing the dates OF
elections. tho terms OF officers are
heightened short time The legtsla
ture unquestionably has the right &c
change the election dates, as II has
done. but the court holds that the act
does not require those whose terms OF
office expire in 1918 to become eandi
dates at the election held this year
and that Judge Hendricks candidacy
was premature. and thar Secretary
Hodges was right in refusing to &C
cept and file his pledge
Baker Denied Rehearing.
The court denied rehear,nes in the
cases of Special School District No 1s
Va Special school District No 2. ~
feCting the rights O. school districts
appealed from the Creene Circuit
Court, and Albert Baker y. Or Frank
u Young Baker was seeking release
from the state Hospital for Ner'on'
Diseases, where he was sent by t!c
Franklin Circuit Court after beint
freed OF murder on the ground OF IN
sanity.