Legal Opinion

Childers v. Duvall

Supreme Court of Arkansas

Decided June 1, 1901PublishedCited by 19 opinions

Appeal from Lawrence Circuit Court. FREDERICK D. Fulkerson, Judge. Article 7, section 19, of the constitution does not apply to conditions coming into existence after its adoption. If future in its operation, it at least was not self-executing, and required legislative' action to authorize its application.

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Appeal from Lawrence Circuit Court. FREDERICK D. Fulkerson, Judge. Article 7, section 19, of the constitution does not apply to conditions coming into existence after its adoption. If future in its operation, it at least was not self-executing, and required legislative' action to authorize its application. Under the census act of 1899, there 'could be no "official announcement” of the census of 1900 until the publication of the regular report in 1902. The “last federal census” referred to in art. 7, § 9, of the constitution of 1874 applied to the census of 1870; and the provision is to be…

1Opinion of the CourtBattle, J.

TJpon the supposition that Lawrence county, in this state, contained over 15,000 inhabitants, the democratic party in March, 1900, held a primary election, and nominated T. M. Duvall for county clerk; and C. 0. Childers for circuit clerk, of that county. In June, 1900, the federal census of Lawrence county was taken by the enumerators appointed for that purpose. On the third day of September, 1900, at a general election held on that day, C. C. Childers was elected circuit clerk, and T. M. Duvall, county clerk, of said county. On the third day of October, 1900, the director of the census…

2Cited by19 opinions

  1. Cahill v. LeopoldSupreme Court of Connecticut · 1954
  2. Holcomb v. SpikesCourt of Appeals of Texas · 1921
  3. Varble v. WhitecottonSupreme Court of Missouri · 1945
  4. Herndon v. Excise Board of Garfield CountySupreme Court of Oklahoma · 1931
  5. Knowlton v. WaltonSupreme Court of Arkansas · 1934

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