Legal Opinion · Concurrence

Garrett v. Faubus

Supreme Court of Arkansas

Decided April 27, 1959No. 5-1824Published

1Concurrence

Carleton Harris, Chief Justice.

The purpose of this concurrence is to state my own views relative to the Act here in question. My decision as to the validity of Act 4 is based purely and simply upon the State’s police power. The right of the State to enact legislation as a means of protecting the health and safety of its citizens, is so well recognized as to really need no citation of authority, and this is true with reference to emergency legislation, though the legislative act may be in conflict with a constitutional provision. As stated in Corpus Juris Secundum, Vol. 16, Sec. 195, page 945:

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2Cases cited5 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Krause v. ThompsonSupreme Court of Arkansas · 1919
  3. Reiman v. RawlsSupreme Court of Arkansas · 1934
  4. Pouquette v. O'BrienArizona Supreme Court · 1940
  5. Sewer Improvement District No. 1 v. Delinquent LandsSupreme Court of Arkansas · 1934

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