The Huttig news., 1916-01-29
JUDGES NEED NOT
 MAKE RACES NOW
Supreme Court Makes Rulno in Test Case of Hendricks vs.
 Hodges.

The Arkansas Supreme Court de oided:
 That il is not necessary for circuit judges and other officers named in the 1915 act consolidating state and pa- t1ona1 elections, whose terms expIre in 1918, to become candidates at the election to be held in 1916, and that Earle w. Hodges. as secretary of state. was correct in refusing to file the pledge under the corrupt practices
 act offered by Judge c. w Hendricks "A literal reading of the act would
 sustain the contention of Judge Hen
 dricks, but the court Is of the opinion
 that the meaning of the legislature 1 would not be gained by such reading v | Chief Justice E. A. McCulloch said in | an opinion affirming the Pulaski Cir cult Cour. decision on the new law providing for consolidation of elec- tions. The opinion. handed down, holds that the eight chancellors, 2I circuit judges and other officials whose terms expired prior to NoveH- Der, 1918 need not be nominated in 1916 to run for reelection in 191S
 The last legislature passed an act consolidating state and national cleo tions. and Judge Hendricks interpreted the act to mean that in order to be 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 legisla- tion would not be gained by a 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 m the act, as 1t would cause senators to be elected two years in advance of the commencement of their service and would cause them all to be elected the same year, which is in conflict with the constitution of the state and other statutes with reference to the cleo lioh anu QuaiihSdtiOn Ol OHiCt1S.
 The Supreme Court hela that the legislature did not intend to change the whole policy of the law merely to bring about consolidation of cleo tions Tt IS true, the opinion read, that the terms of constitutional otii- cers expire on October 31. and that the election in 1916 will take place after this date, and would thus result in an extension of the terms of these officers, yet there is no constitutional inhibition against this exercise Of power by the legislature. where as an incident to changing the dates of elections, the terms of officers ara heightened short time. The legisla- ture unquestlonably has the right to change the election dates, as 1t has done, but the court holds that the act does not require those whose terms oe office expire in 1918 to become candA dates at the election held this year. and that Judge Hendricks candidacy was premature. and that Secretary Hodges was right in refusing to ao- eept and file his pledge"
 Baker Denied Rehearlnq.
 The court denied rehearings in the cases of Special School District No. 79 vs. Special School District No. 2. af- fecting the rights O school districts. appealed from the ,reene Circuit Court. and Albert Baker vs Dr. Frank R. Young. Baker was seeking release from the State Hospital for Nervous Diseases. where he was sent by the Franklin Circuit Court after being freed of murder on the ground of in- sanity.
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