Town of Dardanelle v. Gillespie
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; If the itown had the right to enact and enforce the ordinance, the subsequent granting of a license was no justification or protection. 43 Ark. 361. The necessity for regulating and the power to prohibit public places of amusement where games are played has long been recognized. 5 Ark. 412; 13 Id. 752; 16 Id. 489; 44 Id. 134; 46 Id. 497; Acts 1911, p. 62; 109 Ark. 429; Kirby’s Digest, § 5438; 70 Ark.…
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Appeal from Yell Circuit Court, Dardanelle District; Hugh Basham, Judge; If the itown had the right to enact and enforce the ordinance, the subsequent granting of a license was no justification or protection. 43 Ark. 361. The necessity for regulating and the power to prohibit public places of amusement where games are played has long been recognized. 5 Ark. 412; 13 Id. 752; 16 Id. 489; 44 Id. 134; 46 Id. 497; Acts 1911, p. 62; 109 Ark. 429; Kirby’s Digest, § 5438; 70 Ark. 221; 34 Id. 372. 1. The only authority to enact the ordinance to suppress the game of pool is found in Kirby’s Digest, §…
1Opinion of the CourtSmith, J.
This cause was tried upon the following agreed statement of facts:
“It is agreed by counsel representing the plaintiff and defendant that' the town of D ardan elle, prior to the arrest of the defendant herein, had enacted an ordinance prohibiting any person from keeping a pool hall or operating a pool table in the incorporated town of Dardanelle, and the mayor of the town, without the repeal of the ordinance, had issued a license to the defendant, permitting the defendant to keep a pool hall and operate pool tables therein; that said table or said pool hall was not used as a gambling device,…
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