Jobe v. Urquhart
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This controversy grows out of the purchase of a convict farm by the Board of Commissioners of the State Penitentiary, who were acting under the authority vested in them by act of the General Assembly approved June 24, 1897. The Governor, Attorney General, Secretary of State, Auditor, and the Commissioner of Mines, Manufactures and Agriculture, constituted said board.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This controversy grows out of the purchase of a convict farm by the Board of Commissioners of the State Penitentiary, who were acting under the authority vested in them by act of the General Assembly approved June 24, 1897. The Governor, Attorney General, Secretary of State, Auditor, and the Commissioner of Mines, Manufactures and Agriculture, constituted said board. By the terms of said act the board was given plenary powers to negotiate for the purchase or lease of a farm for the employment of…
1Opinion of the Court
L. A. Byrne,
Special Judge, (after stating the facts). The records of this case present one main central question, to which all other questions to be considered naturally gravitate.
That question is, whether the act of 1909, by its terms, divested the Auditor of the State of all those official functions, judgments and discretions vested in him by the Constitution and laws ordinarily incident to his official duties, in respect to the subject-matter under consideration, and thereby left this official to perform merely a bare act of ministerial duty? Or did the Legislature by the passage of said…
2Cases cited7 opinions
- United States v. North CarolinaSupreme Court of the United States · 1890
- United States Ex Rel. Angarica v. BayardSupreme Court of the United States · 1888
- Pitcock v. StateSupreme Court of Arkansas · 1909
- United States v. ShermanSupreme Court of the United States · 1879
- Sawyer v. ColganCalifornia Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Ark. State Highway Comm. v. MabrySupreme Court of Arkansas · 1958
- Page v. McKinleySupreme Court of Arkansas · 1938
- McCain, Comm. of Labor v. Crossett Lumber CompanySupreme Court of Arkansas · 1943
- Miller v. TatumSupreme Court of Arkansas · 1926
20 more not listed; retrieve them via the Exa API.