Stamps v. Burk
Supreme Court of Arkansas
Error to Lafayette Circuit Court; George W. Hays; Judge; 1. The town has the power to establish and regulate markets, and the power to regulate implies the power to dmpose a license fee for the purposes of such regulation. Kirby’s Digest, § 5438; McQuillin’s Mun. Orel. § § 407, 418 and notes; 41 Ark. 485; 64 Ark. 152. 2. The ordinance is not in conflict with the Old Soldier’s Act, Kirby’s Digest, § 6880, which applies to hawking and peddling.
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Error to Lafayette Circuit Court; George W. Hays; Judge; 1. The town has the power to establish and regulate markets, and the power to regulate implies the power to dmpose a license fee for the purposes of such regulation. Kirby’s Digest, § 5438; McQuillin’s Mun. Orel. § § 407, 418 and notes; 41 Ark. 485; 64 Ark. 152. 2. The ordinance is not in conflict with the Old Soldier’s Act, Kirby’s Digest, § 6880, which applies to hawking and peddling. Moreover, that act is itself void, being in plain violation of the Constitution. Art. 2, § 18, Const. 1874; art 4, § 2 U. S. Const., 43 Ark. 180; Bishop…
1Opinion of the CourtRiddick, J.
The town council of the incorporated town of Stamps- passed an ordinance which, among other things, required that all persons keeping butcher shops, and all dealers in fresh meats, selling in quantities in less than a quarter, should take out a license and pay therefor $12.50 per quarter, or $50 annually.
Another ordinance passed by the council, and which was entitled, “An ordinance to protect butchers and better regulate the selling of fresh meats,” provides that “any person who shall sell meats within the corporate limits of the town of Stamps to consumers or other persons or corporations in…
2Cases cited8 opinions
- Ash v. PeopleMichigan Supreme Court · 1863
- City of St. Paul v. TraegerSupreme Court of Minnesota · 1878
- Kinsley v. City of ChicagoIllinois Supreme Court · 1888
- Arkadelphia Lumber Co. v. ArkadelphiaSupreme Court of Arkansas · 1892
- City of Fayetteville v. CarterSupreme Court of Arkansas · 1889
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3Cited by6 opinions
- Dreyfus v. BooneSupreme Court of Arkansas · 1908
- Waters-Pierce Oil Co. v. Hot SpringsSupreme Court of Arkansas · 1908
- Carpenter v. Little RockSupreme Court of Arkansas · 1911
- City of Texarkana v. Hudgins Produce Co.Supreme Court of Arkansas · 1914
- Helena v. MillerSupreme Court of Arkansas · 1908
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