The Mena weekly star., 1919-11-06

SUSTA|NS
| COTTON BUYERS
Indee Steele Found for Defendants
and Dissolved Iniunctien-Cose Is
to Be Appealed to the Su-
preme Court.

Judge James s. Steele, as the clos
IL act Of the regular session of the
k.taber term Of the Circuit Court,
|eund ior the defendants in the case
II Albert Robertson VS.. The Mena
bonded Warehouse Company and G..
LYONS, dissolving the temporary in
|unction which had been granted by
bounty Judge H. w. Finger, and thus
Iostaining the right of G. B. Lyons to
Eeigh cottsn as official weigher at the
nena Ronded Warehouse under the
.royisions of special act approved
March 2s, 1919. Notice of appeal was
rjyen by Col. Pole MePhetriee, at
|brnev for the plaintiff. The matter
II the recovery of 1920 by the plain
In for cotton weighed at the ware
house in 1918, was not taken up by the
court for the reason he held that it
bad been adjudicated in the case of
ktate Of Arkansas VS.. G. b. Lyons,
hied before Judge Lake last October,
phen Judge Lake decided that Albert
Robertson at that time was not legal
n entitled to act as cotton weighed
In the reason that the County Clerks
certificate Of the test of the. scales was
hot in pI per form nor had it been is
sued within the time prescribed by
law. and heDee he had no right of re-
tovery.
The case came before Judge Steele
"a an agreed statement of facts as fol-
kws:
Agreed Statement of Facts.
1t is agreed that Albert Robertson,
he plaintiff herein, is the duly elected,
Qualified and acting county cotton
weigher for Polk county, Arkansas,
Ind that he has his scales located at
Mena, Arkansas, and is legally au-
Ihorized and empowered to weigh cot
lon and other commodities since Au-
gust !, 1919. IL is agreed that since
she passage Of the special act, No. Sic,
approved March 28, 1919, and relied
,n by defendants for authority to
weigh cotton in this suit that the cot
lon buyers in the City Of Mena have,
Without exception, refused to pur-
'hase cotton upon the weights Of the
laid Robertson, and have required the
same to me weighed by the defendants
herein, or have taken the gin weights;
md that practically all the cotton
brought to the Mena market in th
season of 1919 has been weighed by
said defendants.
That the number of bales brought
y Mena to the present time is approx
mately 600 bales, and that it is prob
sble that there will be 5000 to $500
bales marketed in Mena during the
entire cotton season of 1920.
That by reason of the foregoing,
paid Robertson has been entirely de-
prived of practically all the fees or
Pmoluments of his said Office and the
Dfhee rendered worthless to him at
Mena, Arkansas; that the said Rob-
ertson has been at all times ready,
able and prepared to fulfill and per
form the duties Of said office since Au-
rust !, l9i9.r
This suit was filed October 6, and
2 the complaint was d prayer for a
restraining order asking that the de-
lendants be restrained from further
Interfering with the rights of the
'lantiff in weighing cotton and other
commodities. In the absence of the
shancellor and the Circuit Judge, the
natter of the restraining order was
AIKEN before County Judge H. w. Fin
ssf, who granted temporary in
JUNCTION, the bond filed with said ap-
'lcation for restraining order being
igned by the plaintiff and by John
lodd, A. z. Wear and s. H. Smith.
Workers of America was issued in the
aside from the restraining order, the
ompiaint asked for judgment in the
mount of $670, as the damage on ac-
cunt Of plaintiff having been deprived
4 the right to weigh cotton. Of this
mount $500 was for cotton received
nd weighed by the defendant in 1918,
no the balance was for the estiamted
lumber Of bales that would be weigh
q during the season Of 1919.
EST FOR CENSUS ENUMERATOR
WplEn -