The log cabin Democrat. [volume] (Conway, Ark.) 1908-current, 1916-01-12
SESSION OF COURT
COMES TO CLOSE
ADJOURNED BY LAW
NEW JURY TO BE SUMMONED
BY SHERIFF FOR NEXT
JULY TERM.

by operation OF law the January
term of the Faulkner circuit court
was formerly adjourned this after
noon, although 1t was known yester-
day that the term would never be
convened The law provides that
where the judge fails to appear the
court shall be adjourned by the clerk
from day to day until the evening OF
the third day, when the clerk is re-
quired to enter upon his record for
NAL adjournment until court il
course.
All cases set for trial at the Janu
ary term are by statutory provision
continued until the next term ant
local attorneys believe no legal com
plications will arise next term as 6
result of the unprecedented circum
stances which caused a postponement
of the present session.
1t will be necessary, however, ir
the opinion of all the lawyers whe
matter, for the court to order new
grand and petit juries summoned by
the sheriff to serve at the July term
Section 4526 of Kirby's Digest pro
vides that IF for any cause the jury
commissioners shall not be appointed
or shall fail to select grand or petit
jury, as provided in this chapter, OF
the panel selected shall be set aside
or the jury lists returned into court
shall be lost or destroyed, the court
shall order the sheriff to summon a
grand or petit jury of the proper
number, who shall attend and per
form the duties thereof, respectively
as if they had been regularly select
ed
The grand and petit jurors sum-
moned for service at the January
term will be entitled to three days
attendance and mileage, the same as
IF they had been regularly impanelec
and sworn in. County Judge j. w
Holt said today he would allow the
claims to this amount. Circuit Clerk
A. M. Ledbetter said, however, that
about one-half of the jurors claimed
their attendance and were issued Ger.
tificates for two days service yester.
day, the others appearing today anc
receiving certificates for three days
service. For both juries total OF
about so men were summoned. To
gether with the mileage allowed them
their fees will approximate $40O, Mr.
Ledbetter said today.
The sensational episode of yester
day, when Clerk Ledbetter declined
to recognize or swear in George
Shaw, a Conway attorney elected by
the bar to serve as special judge il
the absence of Judge T. C. Trimbl,
of Lonoke, on the ground that Mr.
Shaw did not possess the necessary
moral qualifications, continues to b,
a subject of animated discussion
Throughout the county. AS to th'
strict legality of Ledbetter's position
there is difference of opinion ano
Mr.. Ledbetter himself states that HI
| is not sure there is any law under
which the clerk is required to pas:
upon the qualifications of anyone
elected as special judge. He says
however, that his oath of Office re
quires him to support the constitu
ton and that the constitution pro
vides, among other qualifications
that a circuit judge shall be man OF
good moral character. Asserting that
the attorney elected by the bar die
not possess this qualification, he de-
clined to recognize him as Judge
In the opinion of some authorities
however, Mr.. Shaw, after receiving
the highest. number of votes cast by
members of the bar who We're pres
ent, automatically became the judge
of the court, and could have assumed
the position by taking the oath be-
fore anyone qualified to administer
such an oath, even if the clerk re-
fused to swear him in. He would
then have been empowered to force
the clerk to perform his duties, it is
claimed, and if he refused to do so,
could have fined or imprisoned the
clerk for contempt and appointed a
special clerk to serve in his place.
Friends of Mr.. Shaw stated today
that he was aware of this, but did
not desire to cause any further dis
sension or bring the court further
into disrepute.
The case is one which will doubt
less attract wide attention through
out the legal fraternity of the state
and nation, as it is said that it is
one without precedent in American
Jurisprudence.