Legal Opinion

Ferrell v. Keel

Supreme Court of Arkansas

Decided October 15, 1912PublishedCited by 39 opinions

Appeal from Jackson Chancery Court; Geo. T. Humphries, Chancellor; 1. The act is void because of the uncertainty of the boundaries of the district. 125 U. S. 345; 72 Ark. 126; 81 Id. 565; 42 Oh. St. 527; Cooley on Taxation (3 ed.) 225; 14 Cyc.. 1030-3, 1039; Welty on Assessments, § 297; 35 Cyc. 844; 28 Id. 1123; 32 So. Rep. 27; 34 Ark. 224. 2. The enacting clause is void. There must be an enacting clause substantially as prescribed by the Constitution.

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Appeal from Jackson Chancery Court; Geo. T. Humphries, Chancellor; 1. The act is void because of the uncertainty of the boundaries of the district. 125 U. S. 345; 72 Ark. 126; 81 Id. 565; 42 Oh. St. 527; Cooley on Taxation (3 ed.) 225; 14 Cyc.. 1030-3, 1039; Welty on Assessments, § 297; 35 Cyc. 844; 28 Id. 1123; 32 So. Rep. 27; 34 Ark. 224. 2. The enacting clause is void. There must be an enacting clause substantially as prescribed by the Constitution. Under the Initiative and Referendum clause, the style should be, “Be it enacted by the people of the State of Arkansas.” This is…

1Opinion of the Court

Harrod, Special Judge.

The judges of the Supreme Court having certified to the Governor their disqualification to determine the validity of the enacting clause of the act involved in this suit, this special court was appointed by the Governor, under section 9 of article 7 of the Constitution, to determine this cause.

The General Assembly of this State, at the 1911 regular session, created the . Village Creek & White River Levee District, by and act approved March 9, 1911. The commissioners of the district organized, selected assessors and engineers, and proceeded to assess the lands of the…

2Cases cited2 opinions

  1. Vinsant v. KnoxSupreme Court of Arkansas · 1871
  2. Ex parte PrindleCalifornia Supreme Court · 1905

3Cited by39 opinions

  1. Leigh v. HallSupreme Court of Arkansas · 1960
  2. U.S. Term Limits, Inc. v. HillSupreme Court of Arkansas · 1994
  3. Zancanelli v. Central Coal & Coke Co.Wyoming Supreme Court · 1918
  4. Brickhouse v. HillSupreme Court of Arkansas · 1925
  5. Collingsworth County v. AllredTexas Supreme Court · 1931

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