Legal Opinion

Hardin v. Fort Smith District

Supreme Court of Arkansas

Decided March 1, 1920Published

Appeal from Sebastian Circuit Court, Fort Smith District; John, Brizsolara, Judge; The case in 215 S. W. 709 settles the only question raised here, that the county is liable for the salary claimed under Acts 1919, No. 337. The meaning of the Legislature is determined from the language of the act. 36 Cyc. 1116; 104 Ark. 597; 36 Cyc. 1114. The act fixing the salary is not unconstitutional and the judgment should be reversed. 132 Ark. 245. The question raised, whether the…

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Appeal from Sebastian Circuit Court, Fort Smith District; John, Brizsolara, Judge; The case in 215 S. W. 709 settles the only question raised here, that the county is liable for the salary claimed under Acts 1919, No. 337. The meaning of the Legislature is determined from the language of the act. 36 Cyc. 1116; 104 Ark. 597; 36 Cyc. 1114. The act fixing the salary is not unconstitutional and the judgment should be reversed. 132 Ark. 245. The question raised, whether the prosecuting attorney is entitled to the compensation fixed by the act March 22, 1919, regardless of the amount of fees earned…

1Opinion of the CourtMcCulloch, C. J.

Appellant is the prosecuting attorney for the Twelfth Judicial District, which is composed of Scott and Sebastian counties, and he has appealed from a judgment of the circuit court, rendered on appeal from the county court for the Fort Smith District of Sebastian County, refusing to order a warrant on the treasury for the amount of his compensation, as fixed by statute, for the month of November, 1919.

The General Assembly of 1919 (Acts 1919, p. 248) enacted a statute fixing the amount of compensation of the prosecuting attorney of that circuit to be paid by each of the respective counties,…

2Cases cited2 opinions

  1. Dobbs v. HollandSupreme Court of Arkansas · 1919
  2. Rowden v. Fulton CountySupreme Court of Arkansas · 1918

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