Howell v. White River Levee District

DISSENTING OPINION.

Me happy, J.

'I cannot (agree with the opinion of the majority in this case for the reason that I think the decision violates the Constitution. of the United States and also the Constitution of the State of Arkansas. The testimony, as I view it, shows conclusively that the lands of appellants are not only not benefited, but will not be benefited by the improvement. .According to my view of this case, it is a taking of appellant’s property ’ without any compensation whatever. I think that the testimony conclusively shows this, and. the decision of the court therefore violates…