Legal Opinion

Hendricks v. Hodges

Supreme Court of Arkansas

Decided January 24, 1916PublishedCited by 10 opinions

Appeal from Pulaski Circuit Court; Guy Fulh, Judge; The decision in this case rests upon the construction of Act 107, Acts 1915. The history of -the act goes back to article 3, section 8 Const. 1874. The Legislature in 1907 changed the date of the election to the 2d Monday in -September in -even years, etc. The Act of 1915 changed the date to the 1st Monday in November, 1916. The object w-as to combine State .and National elections.

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Appeal from Pulaski Circuit Court; Guy Fulh, Judge; The decision in this case rests upon the construction of Act 107, Acts 1915. The history of -the act goes back to article 3, section 8 Const. 1874. The Legislature in 1907 changed the date of the election to the 2d Monday in -September in -even years, etc. The Act of 1915 changed the date to the 1st Monday in November, 1916. The object w-as to combine State .and National elections. The terms of all officers expire October 30. This appeal involves the necessity of circuit judges running for election in 1916. 1. The Constitution fixes the…

1Opinion of the CourtMcCulloch, C. J.

The General Assembly of 1915 enacted a statute* amending the election law of the State so as to change the date of the regular biennial election from the second Monday in September to the “next Tuesday after the first Monday in November,” thus fixing a uniform date for all biennial elections, both State and National.

The .statute reads as follows: “Section 1. That on the next Tuesday .after the first Monday in November, 1916, 'and every two years thereafter there shall be held an election in each precinct and ward in this State for the election of all elective State, county and township…

2Cases cited14 opinions

  1. McDonald v. HoveySupreme Court of the United States · 1884
  2. State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
  3. State ex rel. Moose v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1914
  4. State ex rel. Harrison v. MenaughIndiana Supreme Court · 1898
  5. State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886

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3Cited by10 opinions

  1. State Ex Rel. Attorney General v. Gus Blass Co.Supreme Court of Arkansas · 1937
  2. McCraw v. PateSupreme Court of Arkansas · 1973
  3. Peterson Produce Company v. CheneySupreme Court of Arkansas · 1964
  4. Lovell v. Democratic Central CommitteeSupreme Court of Arkansas · 1959
  5. Hutcheson v. PittsSupreme Court of Arkansas · 1926

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