Legal Opinion · Dissent

Harvey v. Ridgeway

Supreme Court of Arkansas

Decided February 9, 1970No. 5-5223Published

1Dissent

Richard H. Wootton, Special Justice,

dissenting. I cannot agree with the majority opinion’s conclusion that a delegate to the Constitutional Convention is not a “civil office under this State” within the meaning and prohibition expressed in Article 5, Section 10, of the Constitution of 1874. To the contrary, I believe the better reasoning is that a Constitutional Convention delegate elected pursuant to Act 42 holds a civil office under this State within the Constitutional prohibition.

The Arkansas Constitution makes no specific reference to constitutional conventions. However, even in the…

2Cases cited7 opinions

  1. Maddox v. StateSupreme Court of Arkansas · 1952
  2. Board of Supervisors of Elections v. Attorney GeneralCourt of Appeals of Maryland · 1967
  3. Lucas v. FutrallSupreme Court of Arkansas · 1907
  4. Fyfe v. Kent County ClerkMichigan Supreme Court · 1907
  5. Ellis v. LennonMichigan Supreme Court · 1891

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