Oglesby v. Ft. Smith District of Sebastian County

• Citation: 179 S.W. 178
• Decision Date: 05 July 1915
• Docket Number: (No. 94.)
• Parties: OGLESBY v. FT. SMITH DISTRICT OF SEBASTIAN COUNTY.
• Court: Supreme Court of Arkansas

179 S.W. 178

OGLESBY v. FT. SMITH DISTRICT OF SEBASTIAN COUNTY.

(No. 94.)

Supreme Court of Arkansas.

July 5, 1915.

Appeal from Circuit Court, Sebastian County; Jno. H. Vaughan, Special Judge.

Claim by Ira D. Oglesby against the Fort Smith District of Sebastian County. The claim was disallowed, and claimant appeals. Affirmed.

Ira D. Oglesby, of Ft. Smith, for appellant. Thos. B. Pryor, of Ft. Smith, and Vincent M. Miles, of Little Rock, for appellee.

HART, J.

Ira D. Oglesby, an attorney of Ft. Smith, presented a claim to the county court of Sebastian county for $1,000 for legal services alleged to be due him by the Ft. Smith district of Sebastian county. His claim was disallowed by the county court, and he appealed to the circuit court. There his claim was again disallowed, and he has appealed to this court. The facts briefly stated, are as follows:

In 1911 an agitation was begun for the erection of a new courthouse for the Ft. Smith district of Sebastian county. The inhabitants of the district were sharply divided on the question, and mass meetings were held and numerous articles written, pro and con, in the newspapers about it. Those favoring the proposition thought that the old courthouse was unsafe and unsanitary, and that it should be torn down and a new one erected on its site. Those opposed believed that the old courthouse was adequate for its purposes, and that it was practicable to repair it at a reasonable cost so that it would last many years. The erection of a new courthouse on the site of the present one became the principal issue between the candidates for the Democratic nomination for county judge at the primaries to be held in March, 1912. Judge Harp, the then county judge, favored the erection of a new courthouse, and Ezra Hester, his opponent, opposed it. Judge Harp was defeated in the primary, and Judge Hester was elected county judge at the general election in September, 1912. Judge Harp determined upon the plan of letting a contract for the erection of a new courthouse before his term of office expired. In August, 1912, he let a contract for the construction of a new courthouse. The officers of the city of Ft. Smith had quarters in the courthouse, and several suits were instituted against the county judge, having for their object the prevention of the building of a new courthouse. One of the suits for that purpose was brought in the chancery court by the city of Ft. Smith against the county judge. Other suits having the same object in view were instituted by various citizens of the Ft. Smith district of Sebastian county.

On the 16th day of October, 1912, Judge Harp, who was still in office, made an order which was entered of record, reciting the pendency of these various suits and the necessity of employing counsel to represent the Ft. Smith district in them, because the prosecuting attorney had declined to do so, or to take any action to protect the interests of the said district in the litigation. The order appointed George W. Dodd and Ira D. Oglesby as attorneys for said district to represent it in all the matters referred to, and provided that said attorneys should receive not less than $1,000 each for their services. About the middle of July Col. Oglesby became ill and went to a hospital in the city of St. Louis, and remained there until about the middle of September. During the time he was there he received papers occasionally from Ft. Smith. It was shown on the part of Col. Oglesby that the county judge prior to his employment had attempted to get the prosecuting attorney to represent the interests of the Ft. Smith district, and that the prosecuting attorney had refused to do so. The county judge himself talked with the prosecuting attorney about it, and Mr. Dodd says that he also talked with him, and that the prosecuting attorney declined to represent the county on account of the political phase of the case. Mr. Dodd admitted that during all this time there was continuous discussion of the matter on the street, and that numerous articles written with reference to it were published in the Ft. Smith newspapers. The prosecuting attorney himself testified that the suits with reference to the matter had been brought before he knew anything about them, and that the cases were within a few days of trial before he was consulted by the county judge in regard to the matter, and that the county judge had already employed counsel prior to this time, and that for that reason he declined to represent the Ft. Smith district of the county.

On the 20th day of October, 1912, the suit of the city of Ft. Smith against the Ft. Smith district of Sebastian county was decided by the chancellor, and it was decreed that the county judge be enjoined from erecting a new courthouse. Judge Harp, the then county judge, directed Col. Oglesby to immediately prepare a transcript and take an appeal to the Supreme Court, and this was done. Judge Harp's term expired and Judge Hester became county judge on the 31st day of October, 1912, and he immediately set aside the order providing for a minumum fee of $1,000 each for Col. Oglesby and Mr. Dodd. Col. Oglesby attempted to prosecute the appeal of the case from the chancery court, where Judge Harp had been enjoined from erecting a new courthouse, but Judge Hester moved the Supreme Court to dismiss the appeal, and this was done. Other testimony will be referred to later on.

Certain declarations of law were asked by Col. Oglesby which were refused by the circuit court, and a general finding was made in favor of the Ft. Smith district. Judgment was rendered accordingly.

A majority of the judges have voted to affirm the judgment in this case, but a majority of us have not agreed upon the reasons therefor.

It is the contention of Col. Oglesby that the county court, on the 16th day of October, 1912, made a legal and binding contract with him to perform legal services in which the Ft. Smith district of Sebastian county was interested and that the incoming county judge had no right to set aside such contract. He also contends that the object of the litigation above referred to was to settle the title of the Ft. Smith district to the site on which the present courthouse in the city of Ft. Smith is situated. On the other hand, it is the contention of counsel representing the Ft. Smith district of Sebastian...