Legal Opinion

Road Improvement District No. 1 v. Glover

Supreme Court of Arkansas

Decided March 8, 1909PublishedCited by 36 opinions

Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. The act is not objectionable on the ground that it conflicts with art. 7, § 28, Const.

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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. The act is not objectionable on the ground that it conflicts with art. 7, § 28, Const. This court has held that the term “taxes” as here used meant general taxes, and the term internal improvements and local concerns referred to those for general county purposes, and not for local purposes. 21 Ark. 40; 48 Ark. 370; 59 Ark. 513; 64 Ark. 562. A similar construction of the word “roads” relieves the act of any objection as to its constitutionality. If the view be taken that the building of roads by local assessments constitutes…

1Opinion of the Court

Battle J.

Sections one, two and nine of the act entitled “An act to provide for the creation of improvement districts for the building, constructing, maintaining and repairing of public roads in the State of Arkansas,” approved April 4, 1907, are, in part, as follows:

“Section 1. Whenever a majority in value of the landowners of any county, or part of a county, such majority in value to be determined by the assessment for the purposes of general taxation in force at the time, shall present a petition to the county court of any county in this State, praying for the formation of a road…

2Cases cited5 opinions

  1. Hobbs v. McLeanSupreme Court of the United States · 1886
  2. Crane v. Siloam SpringsSupreme Court of Arkansas · 1899
  3. In re Open & Widen Willis AvenueMichigan Supreme Court · 1885
  4. Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
  5. The Executors and Heirs of Augustin De Yturbide, Deceased v. The United StatesSupreme Court of the United States · 1860

3Cited by36 opinions

  1. Hodges v. DawdySupreme Court of Arkansas · 1912
  2. Shibley v. Fort SmithSupreme Court of Arkansas · 1910
  3. Sallee v. DaltonSupreme Court of Arkansas · 1919
  4. Bennett v. JohnsonSupreme Court of Arkansas · 1917
  5. Nall v. KelleySupreme Court of Arkansas · 1915

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