Union Sand & Material Co. v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court, W. B. Sorrells, Judge; 1. The Act is unconstitutional and void. Congress is supreme and has acted.
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Appeal from Desha Circuit Court, W. B. Sorrells, Judge; 1. The Act is unconstitutional and void. Congress is supreme and has acted. Appellant was acting directly under the authority of the Secretary of War, and the State’s authority must yield, as the Act was in aid of navigation. 53 Ark. 314; 113 Id. 149; 121 Ark. 601; 186 Fed. 426; 140 U. S. 371; 142 Id. 161; 227 Id. 229; 241 Id. 371; 236 Id. 439; 222 Id. 370, 424; 227 Id. 267; 230 Id. 352, etc.; 241 Id. 371; 176 Id. 211; 113 Ark. 149; 188 U. S. 410. 2. The Mississippi river is not wholly within the State of Arkansas, and is a public…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a foreign corporation engaged in the business of taking sand and gravel from the bed of the Mississippi river for commercial purposes, that is to say, for sale to users of those materials, and this is an action instituted by the State against said corporation to recover the price of sand and gravel taken from the bed of that river between the center of the. main channel and the Arkansas shore line. The State relies, for recovery, upon the statutes enacted by the General Assembly of the year 1913 and of the year 1915, declaring the ownership of sand and gravel, and certain other…
2Cases cited4 opinions
- State ex rel. Dawson v. AkersSupreme Court of Kansas · 1914
- State ex rel. Moose v. Southern Sand & Material Co.Supreme Court of Arkansas · 1914
- C. M. Johnson Sand & Gravel Co. v. QuarlesSupreme Court of Arkansas · 1916
- Southern Sand & Material Co. v. StateSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Angelo v. Railroad CommissionWisconsin Supreme Court · 1928