The Mena weekly star., 1918-09-26
EDITION MARKET TAXES \ REST
.,,,u Ruyers and County Weigher Thyesh , Out Questions in Dispute, Farmers Take Their Bales
 Elsewhere.

Mena's business interests have suf- ,as loss as result of the dispute
 tsah bas arisen over the weighing of cotton on the local market.
 Buyers Friday refused to make bids ]. cotton proffered for sale, and as a ...ult several bales were taken to uotseld and Womble. Others not de- .ir;nc a,., to leave the local market de- s .ida5 to hold their bales until the ClavI lairb;no contest is ended, which it is hoped will be soon.
 ~ Personalities that carry a sting Aaye been bandied back and forth be- .~,asr aase inc warning sides, and the legal sarola promises to require time for sol1tion. Buyers have charged the official weigher, Albert Robertson, not onlv with retaining defective and u.s .,nrno,,t scales and with giving incor- ract weights, but also assert he has ssown lack of courtesy and under stsnding in their dealings with him.
 On the other hand Robertson as- .orts he is only doing his duty and is rrotecting the rights of the citizens rbo selected him as official cotton wa;cher. He claims he is protecting inc cotton producer against what is termed the selfshness of the buyers.
 These are only some of the charges broupht out in the hearing before Jus fire Smith Friday afternoon, when the trial of c. B. Lyons was resumed. Ly- ms as secretary and manager of the bonded warehouse, has done the bulk of tbe cotton weighing the last week, and was arrested on complaint made by Robertson. .
 At the hearing before Justice Smith George w. Petty, usually the largest buver of cotton on the local market, submitted his account with the Les ser-Goldman Company at Fort Smith as proof that during the last buying season Robertson's weights were not correct.
 The account showed that the total loss suffered was $463.95. The total gains amounted to $103.64. The ac- count showed, Petty asserts, that there was a difference in weight on nearly every shipment. To make good the loss on the season Petty paid the Fort Smith firm a total of $360.31. The account shows that in one ship ment of February 21 there was a loss of s75.S9 alone. This is only one of the results of the incorrect weights received, Petty testified.
 Deputy Prosecutor Wright Prickett presented as witness to prove Lyons had weighed a bale of cotton, J. w. Manley which contention the defense did not deny. County Clerk Alexan- der submitted an official certificate the scales used by Robertson had been duly tested. but the defense brought out the points that the scales had not been tested within the time limit set by statute and that the scales were listed as Polk county's and not Rob- ertsons.
 At the hearing considerable time was spent in discussing the Ware house Act of 1917, which Minor Pip kin, attorney for Lyons, contended gave the local corporation the right to weigh, grade and classify cotton, and that Lyons by weighing Manley's bale did not violate the law of 1915 defining duties of the county weigher.
 Priekett answered the demurrer by asserting the point at issue was not the conflict of statutes, but a plain question of fact whether Lyons did or did not weigh bale of cotton con- trary to law, the penalty for violation of which is fine of from S10 to $25.
 Judge Smith oyerruled the demur- Ter and held the law creating the county cotton weigher was not re- pealed by the Warehouse act.
 Other witnesses were George W. Petty and " " Townsend. Both voiced complaints of the place select ed by Robertson for weighing and storing cotton and his treatment of buyers. Petty refused to admit he was opposed to cotton weighers in general, but admitted he had had con- troyersies with some which had led to the Supreme court.
 Townsend testified the weights giv- en by the county weigher, Robertson, mad generally shown loss to him and estimated his losses, due to incorrect weighing last season at about $490. he said one bale showed a loss of over one hundred pounds.
 After all the evidence had been sub mltted Justice Smith declared Lyons guilty and assessed a fine of $10.
 It IS probable the ease will be ap- pealed to the Circuit court. The cotton market will be reopened ~ once and it is likely the buyers VIII accept ginners' weights if no oth- sr arrangements can be made.