Camden v. Arkansas Light & Power Co.
Supreme Court of Arkansas
Appeal from Ouachita Chancery Court; James M. Barker, Chancellor; Act 571, Acts 1919, is unconstitutional as impairing the obligation of a contract. 115 Ark. 437. Contracts between a municipality and an individual are in the same category as those between individuals. Lonoke v. B'ransford, 141 Ark. 18. See, also, 26 IT. S. (Law.
Read the full summary
Appeal from Ouachita Chancery Court; James M. Barker, Chancellor; Act 571, Acts 1919, is unconstitutional as impairing the obligation of a contract. 115 Ark. 437. Contracts between a municipality and an individual are in the same category as those between individuals. Lonoke v. B'ransford, 141 Ark. 18. See, also, 26 IT. S. (Law. Ed.), p. 395; 54 Id. 144. Although a municipal, corporation is a creature of the Legislature, and the Legislature may amend or repeal its charter at will, it can not interfere with a contract already entered into or impair its obligation. This is sustained by the…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit in the Ouachita Chancery Court to enjoin appellee from putting into effect a schedule of rates for water, power and electricity established by the Arkansas Corporation Commission in excess of the maximum rates fixed for patrons for a period of twenty-five years in the franchises granted appellee by appellant on October 19, 1914. The bill in substance alleged that act 571 of the Acts of the General Assembly of Arkansas of 1919, under which said rates were raised, is void, as impairing the obligation of contracts, in violation of section 17, article 2, of the…
2Cases cited23 opinions
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Manigault v. SpringsSupreme Court of the United States · 1905
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Delony v. RuckerSupreme Court of Arkansas · 1957
- Clear Creek Oil & Gas Co. v. Fort Smith Spelter Co.Supreme Court of Arkansas · 1921
- City of Fort Smith v. Department of Public UtilitiesSupreme Court of Arkansas · 1938
- Skallerup v. City of Hot SpringsSupreme Court of Arkansas · 2009
- Southern Bell Telephone & Telegraph Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1936
5 more not listed; retrieve them via the Exa API.