Tomlinson Bros. v. Hodges
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The circuit court had jurisdiction under section 9 of the enabling act of 1911, but if not, the court should have transferred the cause to the chancery court. The enabling act had no other purpose than to give effect to Amendment No. 10. There is no authority whatever for the reference of any local measure for any county or municipality to the people. 105 Ark. 583. This case seems conclusive.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The circuit court had jurisdiction under section 9 of the enabling act of 1911, but if not, the court should have transferred the cause to the chancery court. The enabling act had no other purpose than to give effect to Amendment No. 10. There is no authority whatever for the reference of any local measure for any county or municipality to the people. 105 Ark. 583. This case seems conclusive. Const., art. 4, § § 1, 2; Kirby’s Dig., § 5443, as amended by Acts 1909, Act 230; art. 2, § 17, Const.; art. 1, § 10, Const. U.…
1Opinion of the CourtMcCullooi-i, C. J.
The question arising on this appeal is whether, prior to the 6th day of March, 1913, the date of approval of the act of the Legislature authorizing the initiation or referendum of municipal ordinances to vote of the people, there was any authority for such referendum in this State.
On February 27, 1913, the council of the city of Mena, Arkansas, passed an ordinance granting to appellants, Tomlinson, Bros., a franchise to furnish electric lights in the city upon the terms therein named. The terms of the ordinance were accepted by appellants and became effective unless it be held that the…
2Cases cited3 opinions
- Stoutenburgh v. HennickSupreme Court of the United States · 1889
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
3Cited by8 opinions
- Davies v. Hot SpringsSupreme Court of Arkansas · 1920
- McLaughlin v. FordSupreme Court of Arkansas · 1925
- Gaster v. Dermott-Collins Road Improvement DistrictSupreme Court of Arkansas · 1923
- Miller v. WitcherSupreme Court of Arkansas · 1923
- Casey v. BurdineSupreme Court of Arkansas · 1949
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