Pine Bluff Transfer Co. v. Nichol
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The act is unconstitutional and void. It is really a revenue measure and is unjust, unreasonable and discriminatory and is therefore void.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The act is unconstitutional and void. It is really a revenue measure and is unjust, unreasonable and discriminatory and is therefore void. It undertakes to delegate to the county judge the power to fix and levy the tax and to regulate the highways and fix a license fee contrary to article 7, section 28, Constitution. 6 R. C. L. 378-381. 2. It is class legislation. 102 Ark. 131; 112 111. App. 94. 3. It is discriminatory. 85 Ark. 509, 513; 110 Id. 204; 117 Id. 54; 75 Id. 542; 113 N. C. 697; 22 L. R. A. 472. 4. The Legislature…
1Opinion of the Court
HART, J.,
(after stating the facts). The correctness of the chancellor’s holding depends upon the constitutionality of act No. 408, approved March 27, 1919. Section 1 of the act provides, in substance, that all persons, partnerships, or corporations owning or operating motor vehicles upon the public highways of Jefferson County for the purpose of transporting freight or passengers for hire shall be deemed public carriers.
Section 3 provides that the county judge of Jefferson County shall be authorized and directed to fix a reasonable license fee for the privilege of operating any of said…
2Cases cited11 opinions
- Hendrick v. MarylandSupreme Court of the United States · 1915
- Fort Smith v. ScruggsSupreme Court of Arkansas · 1902
- Cole v. White CountySupreme Court of Arkansas · 1877
- Eagle v. BeardSupreme Court of Arkansas · 1878
- Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Davies v. Hot SpringsSupreme Court of Arkansas · 1920
- Whaley v. Northern Road Improvement DistrictSupreme Court of Arkansas · 1922
- Blackwood v. SibeckSupreme Court of Arkansas · 1930
- Merritt v. GravenmierSupreme Court of Arkansas · 1925
2 more not listed; retrieve them via the Exa API.