Morley v. Berg

This is an action by D. R. Morley, Commissioner of Revenues, to enjoin the appellees, H. M. Berg, A. R. Allen, C. C. Allen, and Paul Smith, from taking sand and gravel from the bed and bars of that -part of the Ouachita River that lies within a certain eighty-acre tract. On the first appeal we sustained the Commissioner’s authority to bring the suit. 216 Ark. 562, 226 S. "W. 2d 559. The question now presented is whether the right to remove these minerals is vested in the Allens or in J. W. Sanders. The answer depends upon whether a former Commissioner of Revenues, O. A. Cook, was authorized…