C. M. Johnson Sand & Gravel Co. v. Quarles
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; W. G. Dinning, Special Judge; 1. Prior to tbe passage of the Act of 1907 the title was in the State in trust for the whole people. 152 IT.
Read the full summary
Appeal from Phillips Circuit Court; W. G. Dinning, Special Judge; 1. Prior to tbe passage of the Act of 1907 the title was in the State in trust for the whole people. 152 IT. S. 1; 53 Ark. 320; 113 Id. 150. 2. While the Act. of 1907 was a special act, it has been expressly' and impliedly repealed by the later Acts of 1913 and 1915. 88 Ark. 327-8; 82 Id. 302; 97 U. S. 546. 3. If the Act of 1907 granted Quarles the title in fee simple it was void; if it merely granted a license or privilege it was repealed by subsequent legislation and the license revoked. 146 U. S. 387; Art. 2, § 18 ¡Const.;…
1Opinion of the CourtKirby, J.
Clarence Quarles, the owner of certain lands on the Mississippi River, brought this suit against the sand and gravel company for sand and gravel taken from the bed of the Mississippi River, between his shore lands and the thread of the stream, claiming to be the owner of said sand, with the exclusive right to remove and sell same under Act 348 of the Acts of 1907 of the General Assembly of Arkansas.
The defendant, the sand and gravel company, demurred to the complaint and specially demurred, alleging that said act was repealed by Acts 265 of the 1913 session and 138 of the 1915 session of the…
2Cases cited3 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
- State ex rel. Moose v. Southern Sand & Material Co.Supreme Court of Arkansas · 1914
3Cited by5 opinions
- North Little Rock Transportation Co. v. City of North Little RockSupreme Court of Arkansas · 1944
- Morley v. BergSupreme Court of Arkansas · 1950
- Fairbank v. DouglasSupreme Court of Arkansas · 1933
- N. L. R. Transportation v. City of N. L. R.Supreme Court of Arkansas · 1944
- Union Sand & Material Co. v. StateSupreme Court of Arkansas · 1917