Arkansas State Highway Commission v. Southwestern Bell Telephone Co.

My dissent herein is because I believe that the majority is giving the act involved (§ 4991, Pope’s Digest) a liberal construction instead of a strict construction. I will attempt to clarify and elucidate my statement.

I. The Act is a Legislative Grant, and is to be Strictly Construed.

The appellee claims the free right to have its wires attached to the bridge (about 1600 feet long) now being erected by the State Highway Commission, over, or leading to, the Arkansas River between the cities of Van Burén and Ft. Smith. The appellee will thus be using free the bridge built by the state, and will…