Ouachita Power Co. v. Donaghey
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant brings this action to compel by mandamus the State Board of Railroad Incorporation to grant it a franchise to operate a water power on the Ouachita River, in Garland County, Arkansas, making proper allegations in its petition showing, that it has duly complied with the provisions of Act 323, of the Acts of 1905, providing for the granting of such franchises, also setting…
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellant brings this action to compel by mandamus the State Board of Railroad Incorporation to grant it a franchise to operate a water power on the Ouachita River, in Garland County, Arkansas, making proper allegations in its petition showing, that it has duly complied with the provisions of Act 323, of the Acts of 1905, providing for the granting of such franchises, also setting out said act and alleging that the board at a special meeting called for the purpose refused to grant it the franchise…
1Opinion of the Court
Kirby, J.,
(after stating the facts). No question is made that the application to the board for a franchise did not in all respects comply with the law, and the only question for decision here is whether the law requires the Board of Railroad Incorporation to grant the franchise upon proper application without discretion as to whether it should be done or not.
The act provides, so far as it relates to the question here, as follows:
“Section 1. Any person or any corporation authorized by its charter so to do may erect and maintain on his or its own land a water mill and dam to raise the water to…
2Cases cited6 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
- Emma B. C. Thompson v. Richard RoeSupreme Court of the United States · 1860
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- Fitch v. McDiarmidSupreme Court of Arkansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Miller v. TatumSupreme Court of Arkansas · 1926
- Williams v. American Broadcasting Companies, Inc.District Court, W.D. Arkansas · 1983
- State ex rel. Attorney General v. Railroad CommissionSupreme Court of Arkansas · 1913
- Lewis v. OwenSupreme Court of Arkansas · 1920
- State Ex Rel. Allen v. BeasleyTennessee Supreme Court · 1945