Rogers v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. DueEie, Judge. The bill was not legally passed in the senate, because it was not read at length three times as required by the constitution. Const, art. 5; 40 Ark. 200; 54 Cal. in; 2 Minn. 330. The act is void because the same bill was not passed by the house and senate and approved by the governor.
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Appeal from Garland Circuit Court. Alexander M. DueEie, Judge. The bill was not legally passed in the senate, because it was not read at length three times as required by the constitution. Const, art. 5; 40 Ark. 200; 54 Cal. in; 2 Minn. 330. The act is void because the same bill was not passed by the house and senate and approved by the governor. Const. 1874, art. 5, § 12. Extrinsic evidence which does not contradict the journal may be received to aid or explain it. 26 Am. & Eng. Enc. Raw (2d Ed.), 553, 554; 36 Eed. 174; 61 Neb. 679; 6 Wall. 499. The document found by the janitor after…
1Opinion of the CourtBattle, J.
Was the act entitled “An act to suppress and punish gambling,” approved March 27, 1901, constitutionally enacted ?
The constitution of this state provides that “no law shall be passed except by bill;” “and no bill shall become a law unless, on its final passage, the vote be taken by yeas and nays; the names of the persons voting for and against the same be entered on the journal; and a majority of each house be recorded thereon as voting in its favor.” Const. 1874, art. 5, § § 21, 22. No law can be enacted unless both houses pass the same bill.
The journal of the senate of the general assembly…
2Cases cited6 opinions
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- Legg v. Mayor of AnnapolisCourt of Appeals of Maryland · 1875
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
- In re WelmanUnited States District Court · 1844
- Prentice v. PickersgillSupreme Court of the United States · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Sutherland v. MillerWest Virginia Supreme Court · 1917
- Mechanics Building & Loan Ass'n v. CoffmanSupreme Court of Arkansas · 1913
- Butler v. KavanaughSupreme Court of Arkansas · 1912
8 more not listed; retrieve them via the Exa API.