Pine Bluff daily graphic., 1917-03-27
CIRCUIT JUDGES CANNOT REMOVE
 PROSECUTORS
Supreme Court Declares Un- constitutional Utley Act,
 Recently Passed.

Little Rock, March 26.-G. ii. Speer of Hot Springs was reinstated IS prosecuting attorney of the Eighth eenth judicial circuit, and an act of the 1917 legislature providing for re- moval of prosecuting attorneys by cir cult judges was declared void, in all opinion handed down by the supreme court Monday morning granting a writ of prohibition to prevent Judge Scott Wood of Hot Springs from en- forcing suspension order issued against Mr. Speer. The court held the 1917 law, introduced in the recent sas- sion of the legislature by Senator Utley, unconstitutional.
 Speer was suspended from office by Judge Wood following two indict- ments against Speer b! the Garland county grand jury, the indictments charging MT. Speer had not done his duty to prosecute gamblers. The sus- pension was for the period pending action on the indictments. Coinci- dent with the action, the legislature passed law adding prosecuting at tOrneys to the list of officials rem'ov- able on indictments and giving the circuit judges power to remove.
 J. c. Rapp of Desha county lost in suit filed against J. l.. Parker asking for damages for alleged de- famatory remarks said to have been made by Parker. Rapp alleged that Parker charged him with voting twice in an election to select com- missioners for the Cypress Creek drainage district. The lower court dismissed the case because the com- plaint did not set out the alleged de- court affirmed the decision.
 Decisions Rendered.
 Following are the decisitns in the supreme court Monday:
 By Chief Justice McCulloch:
 Moline Lumber Co. vs w. E. Harri- son, from Ouachita circuit court; af- firmed.
 John G. Fucker vs. T. E. Henshaw, from Union chancery court; affirmed.
 Walter L. Johnson va Chicot Bank & Trust Co.,, from Ckicot chancery court; affirmed.
 Otto Kcchtitzly vs. H. T. Ban l, from Poinsett circuit court; offirmed.
 c. H. Speer vs. Scot; Wood, judge Garland circuit court; writ of pro- hibition awarded. Justice Wood and Hart concur.
 By Justice Wood:
 c. T. Bloodworth vs. Times Publish ing Co.,, from Clay circuit court; re- versed and remanded with directions J. G. and c. B. Thweatt .vs. Grand Temple, etc., of International Order Knights cf Tabor, from Prairie cir cult court: affirmed. .2
 Cooperative Stores Go. vs. Mari anna Hotel Co.,, from Lee circuit court; affirmed.
 Hale & Scott vs. J. w. Lusk, re- ceiver St. Louis 6 San Francisco Railroad Co.,, from Mississippi cir cult court; affirmed.
 Chattanooga Roofing & Boundary Go. vs. J. I. Porter, from Arkansas chancery court; affirmed. By Justice Hart: Leon William vs. RoXie A. Elrod, from Sebastian circuit court; re- versed ad remanded. w. H. Mielmier vs. Toledo Scales Co.,, from tabastian circuit court; re- versed and remanded. w. E Beloate vs. New England Se- cery court; affirmed. w. c. Green vs. J. F. McCuller from Montgomery circuit court; re versed and remanded. By Justice Smith: Dickinson, receiver of Chicago ! Rock Island & Pacific Railway Co. vs. R. E. Smith, from Crittenden cir. cult court; modified and affirmed. Oscar Oliver vs. s. M. Moseley from Sebastian circuit court; re- versed and remanded. 1 John R. Davis vs. Robert Dawson from Sebastian circuit court; af | firmed N < 1 A. l.. Clark Lumber Co. vs, Lester Pickett, from Montgomery circuit ] court; affirmed.
 c. A. Harrison vs. Guy Fulk, peti- tion for mandamus; mandamus de- nied.
 l By Justice Humphreys: P. w. Triplett vs. w, l.. Wesson from Prairie circuit court; affirmed J. c. Rapp vs. J. l.. Parker, from Desha circuit court; affirmed.
 East Arkansas Lumber Co. vs. w E. Swink, from Lawrence chancery l court; affirmed.
 | Sewer Improvement district No. l of Wynne vs. E. A. Fiscus, from Cross circuit court; affirmed.