Legal Opinion

Greer v. Merchants & Mechanics Bank

Supreme Court of Arkansas

Decided July 6, 1914PublishedCited by 17 opinions

Appeal from Pulaski Chancery Court; John E. Martmecm, Chancellor ; The act in question violates art. 19, § 9, of the Constitution, and is therefore void.

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Appeal from Pulaski Chancery Court; John E. Martmecm, Chancellor ; The act in question violates art. 19, § 9, of the Constitution, and is therefore void. Every word and phrase of a Constitution must be construed as adding something to the meaning of the instrument. 2 Ark. 250; 102 Ark. 218. It is not competent for the Legislature to limit its own powers. 48 Ark. 515; 44 Ark. 273. The word “permanent” does not always embrace the idea of absolute perpetuity. 8 Barb. 185; 2 N. J. E. 155; 136 U. S. 104. A wooden sidewalk which lasted eleven years is a “permanent” sidewalk. 60 Mass. 223. A thing…

1Opinion of the CourtMcCulloch, C. J.

Appellant, in bringing this action, challenges the validity of an act of the General Assembly of 1913 creating the State Bank Department and the office of commissioner in charge of that department, the contention being that the act is violative of section 9, article 19, of the Constitution, which provides that “the General Assembly shall have no power to create any permanent State office not expressly provided for by this Constitution.”

The language of that part .of the act which creates the bank department, reads as follows:

“That for and during the period of twelve years from the time this…

2Cases cited5 opinions

  1. Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
  2. Davis v. GainesSupreme Court of Arkansas · 1886
  3. Lucas v. FutrallSupreme Court of Arkansas · 1907
  4. Powell v. DurdenSupreme Court of Arkansas · 1895
  5. Humphry v. SadlerSupreme Court of Arkansas · 1882

3Cited by17 opinions

  1. Bush v. MartineauSupreme Court of Arkansas · 1927
  2. Haase v. StarnesSupreme Court of Arkansas · 1996
  3. Gentry v. HarrisonSupreme Court of Arkansas · 1937
  4. Hickenbottom v. McCain, Comm'r of LaborSupreme Court of Arkansas · 1944
  5. Arkansas State Highway Commission v. DodgeSupreme Court of Arkansas · 1930

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