Grant v. Hardage
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This is an action brought by G. L. Grant, a member of the House of Representatives of the present General Assembly, against Joe Hardage, as Speaker of the House of Representatives, to enjoin him from declaring Amendment No. 13, submitted at the last general election, under authority of Amendment No. 10, adopted as required by section 718, Kirby’s Digest.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. This is an action brought by G. L. Grant, a member of the House of Representatives of the present General Assembly, against Joe Hardage, as Speaker of the House of Representatives, to enjoin him from declaring Amendment No. 13, submitted at the last general election, under authority of Amendment No. 10, adopted as required by section 718, Kirby’s Digest. It is admitted in the complaint that the proposed amendment received 103,246 votes and that only 33,397 were cast against it. It is alleged, however,…
1Opinion of the CourtHart, J.
It is insisted by the Attorney General that the chancery court was without jurisdiction in the cause, and in this position we think he is correct. The Constitution is the paramount law of the land and makes no provision for the exclusive determination by the Speaker of the House of Representatives as to whether an amendment has been made in the constitutional method. The declaration of the Speaker that the proposed amendment has been duly adopted by the people of Arkansas and the proclamation of the Governor to that effect, as provided in section 718, Kirby’s Digest, serves the purpose of…
2Cases cited5 opinions
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Rice v. PalmerSupreme Court of Arkansas · 1906
- State ex rel. Little Rock v. DonagheySupreme Court of Arkansas · 1912
- St. Louis Southwestern Railway Co. v. KavanaughSupreme Court of Arkansas · 1906
3Cited by14 opinions
- Asplund v. AlaridNew Mexico Supreme Court · 1923
- Matheny v. Independence CountySupreme Court of Arkansas · 1925
- Bryant v. EnglishSupreme Court of Arkansas · 1992
- Chesshir v. CopelandSupreme Court of Arkansas · 1930
- Hildreth v. TaylorSupreme Court of Arkansas · 1915
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