Davis v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court; Jas. Cochran, Judge; Section 6 of the Act is unconstitutional for the reason that the act is incomplete, and attempts to delegate legislative powers to the Board. Sec. 7 of the Rules of the Board is void for the reason that Sec. 6 of the Act is void and vests them with no power to declare a crime, fix a penalty and prescribe a punishment. 8 Cye. 830; Cooley Const. Lim.
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Appeal from Logan Circuit Court; Jas. Cochran, Judge; Section 6 of the Act is unconstitutional for the reason that the act is incomplete, and attempts to delegate legislative powers to the Board. Sec. 7 of the Rules of the Board is void for the reason that Sec. 6 of the Act is void and vests them with no power to declare a crime, fix a penalty and prescribe a punishment. 8 Cye. 830; Cooley Const. Lim. (4 Ed.) 151-2; 35 Ark. 69. The power to legislate cannot be delegated to individuals. 8 Cyc. 831. An act conferring power to declare what acts shall constitute a misdemeanor is unconstitutional.…
1Opinion of the CourtSmith, J.
This appeal questions the constitutionality of Act 86, of the Acts of 1915, p. 338, and the ground of the attack is that the Act is incomplete in that it provides no penalty for a violation of its provisions, but attempt's a delegation of the legislative function of prescribing the penalty to the Board of Control of the Agricultural Experiment Station. The section complained of is Section 6, which reads as follows:
“Section 6. That the enforcement of the laws of this State in relation to cattle tick eradication and protecting the counties placed entirely or provisionally above the Federal…
2Cases cited2 opinions
- Rowe v. StateSupreme Court of Arkansas · 1909
- State v. GreenleesSupreme Court of Arkansas · 1883
3Cited by19 opinions
- Nixon v. AllenSupreme Court of Arkansas · 1921
- State v. MartinSupreme Court of Arkansas · 1918
- Snow v. RiggsSupreme Court of Arkansas · 1927
- Cazort v. StateSupreme Court of Arkansas · 1917
- Howard v. StateSupreme Court of Arkansas · 1922
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