Helena v. Dunlap
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. Helena is a city of the first class, and its council passed an ordinance, requiring the residents of said city, owning and using vehicles of any description whatever, except bicycles, upon the streets of the city, to obtain a license from the city collector for the privilege. J. B. Dunlap was a resident of the city, and owned and operated upon its streets an automobile for his private use.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. Helena is a city of the first class, and its council passed an ordinance, requiring the residents of said city, owning and using vehicles of any description whatever, except bicycles, upon the streets of the city, to obtain a license from the city collector for the privilege. J. B. Dunlap was a resident of the city, and owned and operated upon its streets an automobile for his private use. He obtained a license in compliance with the provisions of Act No. 134, passed by the General Assembly of the State of…
1Opinion of the Court
Hart, J.,
(after stating the facts). The ordinance in question was passed pursuant to the authority conferred- by section 5649 of Kirby’s Digest. The statute is as follows: “Cities of the first class are hereby authorized to require residents of such city to pay a tax for the privilege of keeping and using wheeled vehicles, except bicycles, but such tax shall be appropriated and used exclusively for repairing and improving the streets of such city. ”
In the case of Fort Smith v. Scruggs, 70 Ark. 549, the act was held valid. The court said: “The act, we think, plainly shows that there was no…
2Cases cited8 opinions
- Barbier v. ConnollySupreme Court of the United States · 1885
- Christy v. ElliottIllinois Supreme Court · 1905
- Fort Smith v. ScruggsSupreme Court of Arkansas · 1902
- City of Buffalo v. . LewisNew York Court of Appeals · 1908
- State v. SwagertySupreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Payne v. MasseyTexas Supreme Court · 1946
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
- Allen v. LangstonSupreme Court of Arkansas · 1949
- McDonald v. City of ParagouldSupreme Court of Arkansas · 1915
1 more not listed; retrieve them via the Exa API.