Thomas v. Town of Des Arc
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; J. G. Thweatt, Special Judge; An incorporated town can not pass a valid ordinance licensing either billiard or pool tables. The only authority vested is to suppress when used for gaming. The agreement of facts shows that the tables were not used for gaming. The right to tax or license billiard tables is not delegated and does not arise by implication.
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Appeal from Prairie Circuit Court, Northern District; J. G. Thweatt, Special Judge; An incorporated town can not pass a valid ordinance licensing either billiard or pool tables. The only authority vested is to suppress when used for gaming. The agreement of facts shows that the tables were not used for gaming. The right to tax or license billiard tables is not delegated and does not arise by implication. Kirby’s Digest § 5438 is the only delegation of power- that Des Arc assumes. The ordinance is void for want of power to pass. 28 Cyc. 746; 116 Ark. 390; 45 Id. 454; 31 Id. 462; 27 Id. 467.…
1Opinion of the CourtKirby, J.
This appeal challenges the validity of an ordinance of the town of Des Are, prescribing a tax or license on billiard and pool tables.
Appellant was convicted in- the Mayor’s court on a charge of violating .the ordinance and on appeal in the circuit court. The agreed statement of facts shows that appellant kept a billiard and pool hall during the time for which license was required to be paid by the ordinance with billiard and pool tables therein, none of which were used as gambling devices.
The ordinance was duly passed and requires the payment of a license of $5.00 per annum for the privilege…
2Cases cited3 opinions
- State v. LindsaySupreme Court of Arkansas · 1879
- Town of Dardanelle v. GillespieSupreme Court of Arkansas · 1915
- Bryan v. City of MalvernSupreme Court of Arkansas · 1916