McClendon v. Board of Health
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The provisions of act 96, Acts 1913, govern the appointment of hoards of health of cities of the first class and the provisions of act 114, Acts 1917, do not apply and said act does not expressly give the city manager the authority to appoint such board nor divest the city of such authority. 2. Said act 96 expressly constituted the mayor ex-officio a member of said board and by no rule of statutory construction can he…
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The provisions of act 96, Acts 1913, govern the appointment of hoards of health of cities of the first class and the provisions of act 114, Acts 1917, do not apply and said act does not expressly give the city manager the authority to appoint such board nor divest the city of such authority. 2. Said act 96 expressly constituted the mayor ex-officio a member of said board and by no rule of statutory construction can he be deprived of that right and the city manager be substituted under either of said acts and the court erred in its…
1Opinion of the Court
"Wood, J.
The city of Hot Springs adopted the provision of act 114 of the Acts of 1917, providing for a Commission Manager of Municipal Governments for cities of the first class. The Board of Commissioners, consisting of the mayor and four commissioners duly elected under the act, appointed George R. Belding city manager according to the provisions of the act providing for such appointment and prescribing the duties of city manager.
Act 96 of the Acts of 1913 provides for a Board of Health in cities of the first and second class and authorizes the mayor of such cities to appoint a City Board of…
2Cases cited4 opinions
- People ex rel. Throop v. LangdonMichigan Supreme Court · 1879
- Shelby v. AlcornMississippi Supreme Court · 1858
- Lucas v. FutrallSupreme Court of Arkansas · 1907
- Vincenheller v. ReaganSupreme Court of Arkansas · 1901
3Cited by19 opinions
- City of Lexington v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Kirby v. NolteSupreme Court of Missouri · 1942
- Mann v. LowrySupreme Court of Arkansas · 1957
- State v. SheldonWyoming Supreme Court · 1923
- Reiman v. RawlsSupreme Court of Arkansas · 1934
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