Legal Opinion

Arkadelphia Lumber Co. v. Arkadelphia

Supreme Court of Arkansas

Decided June 18, 1892PublishedCited by 18 opinions

Appeal from Clark Circuit Court. 1. The so-called ordinance was not passed in the manner prescribed by law. Mansf. Dig. sec. 924; 66 Iowa, 688; 59 id. ,26; 38 Kas. 573 ; 1 Dillon, Mun. Corp. (4th ed.), sec. 51. 2. The river and ferry are outside the jurisdiction •of the city. 53 Ark. 314; 25 Am. L. Rev. 599; Mansf. Dig. sec. 758; Gantt’s Dig. sec. 3241; 11 Wall. 423; 1 Dill. Mun.

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Appeal from Clark Circuit Court. 1. The so-called ordinance was not passed in the manner prescribed by law. Mansf. Dig. sec. 924; 66 Iowa, 688; 59 id. ,26; 38 Kas. 573 ; 1 Dillon, Mun. Corp. (4th ed.), sec. 51. 2. The river and ferry are outside the jurisdiction •of the city. 53 Ark. 314; 25 Am. L. Rev. 599; Mansf. Dig. sec. 758; Gantt’s Dig. sec. 3241; 11 Wall. 423; 1 Dill. Mun. Corp. (4th ed.), sec. 788; 54 Ark. 509. 3. The tax was for revenue only, and not a license fee. 42 1ST. J. Law, 368; Mansf. Dig. sec. 758; 7 So. Rep. 885-892 ; 1 Dill. Mun. Corp. sec. 368 ; 34 Ark. 603 ; 25 Am. L.…

1Opinion of the Court

Battle, j.

Appellant was charged with, and convicted of, a violation of an ordinance of the city of Arkadelphia requiring persons keeping public ferries in that city to pay a license fee of twenty-five dollars for the year 1891.

The ordinance violated provides that “ the city council shall, at their regular meeting in January of each year, or as soon thereafter as practicable, levy a tax for the exercise of the following privileges, and such others as they may from time to time deem proper to tax, to-wit: Alleys, ten-pins, nine-pin or any other pin alleys, * * * ferry over Ouachita river. * *…

2Cases cited4 opinions

  1. Chilvers v. PeopleMichigan Supreme Court · 1862
  2. City of Burlington v. Putnam InsuranceSupreme Court of Iowa · 1870
  3. Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
  4. City of Fayetteville v. CarterSupreme Court of Arkansas · 1889

3Cited by18 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Batesville v. BallSupreme Court of Arkansas · 1911
  3. Waters-Pierce Oil Co. v. Hot SpringsSupreme Court of Arkansas · 1908
  4. Remington v. WalthallSupreme Court of Kansas · 1910
  5. McAllister v. McAllisterSupreme Court of Arkansas · 1940

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