Ex parte Byles
Supreme Court of Arkansas
Certiorari to Independence Circuit Court; Charles Coffin, Judge; 1. The act of 1909 omits the objectionable proviso of the act of 1901, which led this court to pronounce the latter act void. 75 Ark. 542. The Legislature was familiar with this decision, and passed an act without any exceptions to its provisions. 2. The act does not interfere with or attempt to burden commerce among the States. 82 Ark. 309-321. The Legislature is presumed to act in view of the Constitution,…
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Certiorari to Independence Circuit Court; Charles Coffin, Judge; 1. The act of 1909 omits the objectionable proviso of the act of 1901, which led this court to pronounce the latter act void. 75 Ark. 542. The Legislature was familiar with this decision, and passed an act without any exceptions to its provisions. 2. The act does not interfere with or attempt to burden commerce among the States. 82 Ark. 309-321. The Legislature is presumed to act in view of the Constitution, and not to intend the violation of its provisions. Lewis’ Sutherland on Stat. Const. § 498; 75 Ark. 309; 89 Ark. 466; 63…
1Opinion of the CourtMcCulloch, C. J.
The respondent, W. H. Byles, was arrested in Independence County on the criminal charge of violating the provisions of an act of the General Assembly approved April 1, 1909, entitled “An act to regulate the sale of lightning rods, steel stove ranges, clocks, pumps, buggies, carriages and vehicles in the several counties of this State,” and on a trial before a justice of the peace of that county he was convicted of the alleged offense, and a fine was assessed against him. The proceedings before the justice of the peace were in regular form, and the information which was the basis of the…
2Cases cited34 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- American Sugar Refining Co. v. LouisianaSupreme Court of the United States · 1900
- Bacon v. WalkerSupreme Court of the United States · 1907
- Emert v. MissouriSupreme Court of the United States · 1895
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3Cited by29 opinions
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Wingfield v. South Carolina Tax CommissionSupreme Court of South Carolina · 1928
- Davies v. Hot SpringsSupreme Court of Arkansas · 1920
- Borchert v. ScottSupreme Court of Arkansas · 1970
- Town of Sumner v. WardWashington Supreme Court · 1923
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