Legal Opinion · Concurring in part, dissenting in part

Arkansas Tax Commission v. Ashby

Supreme Court of Arkansas

Decided October 23, 1950No. 4-9232Published

1Concurring in part, dissenting in partGriffin Smith, Chief Justice

(with whom Mr. Justice Leflar agrees), concurring in part and dissenting in part. The majority’s holding that statutes creating the Tax Commission are not constitutionally objectionable or functionally defective in their entirety finds support in numerous opinions of this Court; but Mr. Justice Leflar and I veer away from the present construction dealing with the time within which the Commission was compelled to function.

The majority’s analysis of applicable legislation imputes a meaning imperatively requiring the Commission to attain an expressed purpose under an exclusive procedural pattern…

2Cases cited11 opinions

  1. Harrington v. WhiteSupreme Court of Arkansas · 1917
  2. Watkins v. Eureka SpringsSupreme Court of Arkansas · 1886
  3. State v. McKinleySupreme Court of Arkansas · 1915
  4. Common School District No. 13 v. Oak Grove Special School DistrictSupreme Court of Arkansas · 1912
  5. Beard v. WilsonSupreme Court of Arkansas · 1889

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