City of Fort Smith v. Gunter
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The license fee provided for by the ordinance in question is not. unreasonable, considering the population of the city of Fort Smith and the number of hotels and other houses for public entertainment therein, and is, therefore, not a tax for increasing its revenues. 52 Ark. 301; 56 Ark. 370; 70 Ark. 28. 2. Appellant has the power under the statute to regulate a restaurant, and the place in…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The license fee provided for by the ordinance in question is not. unreasonable, considering the population of the city of Fort Smith and the number of hotels and other houses for public entertainment therein, and is, therefore, not a tax for increasing its revenues. 52 Ark. 301; 56 Ark. 370; 70 Ark. 28. 2. Appellant has the power under the statute to regulate a restaurant, and the place in controversy here is a “house for public entertainment” within the meaning of the statute. Kirby’s Dig. § 5454; 77 Mo. App.…
1Opinion of the CourtSmith, J.
John Gunter, the appellee, was fined in the police court in the city of Fort Smith for running a restaurant without a license in violation of ordinance 970 of that city, the portion of which, applicable to the case at bar, is as follows:
“Be it ordained by the city council of the city of Fort Smith, Arkansas:
Section 1. That the license hereinafter named shall be fixed, imposed and collected at the following rates and sums, and it shall be unlawful for any person, or persons, to exercise or pursue any of the following vocations or business in the city of Fort Smith, Arkansas, without having…
2Cases cited8 opinions
- Hyatt v. AllenCalifornia Supreme Court · 1880
- Arkadelphia Lumber Co. v. ArkadelphiaSupreme Court of Arkansas · 1892
- Carpenter v. Little RockSupreme Court of Arkansas · 1911
- City of Fayetteville v. CarterSupreme Court of Arkansas · 1889
- Trigg v. DixonSupreme Court of Arkansas · 1910
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3Cited by10 opinions
- Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
- Westerlund v. Kettle River Co.Supreme Court of Minnesota · 1917
- Wiseman, Comm. Revenues v. AffolterSupreme Court of Arkansas · 1936
- Kirby v. ParagouldSupreme Court of Arkansas · 1923
- Bragg v. AdamsSupreme Court of Arkansas · 1929
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