Page:Cole v. State (211 Ark. 836).pdf/1

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 * 1) —Where part of a Legislative Act is questioned on Constitutional grounds, and the challenged portion is severable from provisions the Court thinks are valid, the questioned part will not be construed unless this is necessary to a determination of the appeal.
 * 2) —A defendant who merely stood by and did not employ force or threaten to use force to prevent workers from engaging in a lawful vocation was not guilty under Act 193 of 1943 merely because he had been seen with others who did commit overt acts, there being no substantial proof of a conspiracy.
 * 3) —No fundamental right was impaired by the General Assembly when it denounced as a felony the conduct of persons who employed force or violence, or threatened force or violence, to prevent workers from engaging in a lawful occupation.

Appeal from Pulaski Circuit Court, First Division; Gus Fulk, Judge; affirmed as to Cole and Jones; reversed and dismissed as to Bean.

Ross Robley and Elmer Sehoggen, for appellant.

Guy E. Williams, Attorney General, and Earl N. Williams, Assistant Attorney General, for appellee.

, Chief Justice. The appellants here were appellants in the case decided October 7, 1946. In the former proceeding they were tried on an indictment charging that by the use of force and violence they prevented Otha Williams from engaging in work as a laborer. The charge was based upon a part of § 1 of Act 193 of 1943. Cole et als.et al. [sic] v. State, 210 Ark. 433, 196 S. W. 2d 582. The judgments were reversed and the cases remanded for a new trial because testimony was erroneously admitted.

On remand the indictment was quashed and the defendants went to trial on information filed by the Prosecuting Attorney. The verdicts were that each should serve a year in the State Penitentiary.