Butler v. Kavanaugh
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The provision of art. 5, § 22, of the Constitution was never legally complied with, and the act never became a law. The Constitution is mandatory. 27 Ark. 279; 33 Id. 17; 61 Id. 232; 40 Id. 200, 212; 19 Id. 250. The journal entries are’the exclusive evidence of whether the bill was passed. 1. The question of the existence or nonexistence of a law is a judicial one.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The provision of art. 5, § 22, of the Constitution was never legally complied with, and the act never became a law. The Constitution is mandatory. 27 Ark. 279; 33 Id. 17; 61 Id. 232; 40 Id. 200, 212; 19 Id. 250. The journal entries are’the exclusive evidence of whether the bill was passed. 1. The question of the existence or nonexistence of a law is a judicial one. It is a question of law. 94 U. S. 260; 34 Ark. 283. In determining this question the courts take judicial knowledge of the journals. 19 Ark. 250; 32 Id. 515; 34 Id.…
1Opinion of the CourtMcCulloch, C. J.
The Constitution (sec. 22, art. 5) provides that “no bill shall become a law unless, on its final passage, the vote be taken by yeas and nays; the names of the persons voting for and against the same be entered on the journal; and a majority of each house be recorded thereon as voting in its favor.”
This proceeding challenges the legal passage of the bill for an act of the General Assembly of 1907 laying off an improvement district in Pulaski County “for the drainage of. certain portions of the Fourche bottoms and contiguous territory,” and it is claimed that the journal of the Senate fails to…
2Cases cited7 opinions
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
- Worthen v. BadgettSupreme Court of Arkansas · 1877
- Smithee v. GarthSupreme Court of Arkansas · 1878
- State v. CorbettSupreme Court of Arkansas · 1895
- Rogers v. StateSupreme Court of Arkansas · 1904
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3Cited by15 opinions
- McAdams v. HenleySupreme Court of Arkansas · 1925
- Mechanics Building & Loan Ass'n v. CoffmanSupreme Court of Arkansas · 1913
- Cox v. Stults Eagle Drug Co.Arizona Supreme Court · 1933
- Helena Water Co. v. HelenaSupreme Court of Arkansas · 1919
- Road Improvement District No. 16 v. SaleSupreme Court of Arkansas · 1922
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