City of Fort Smith v. Hairston

The city of Fort Smith has a commission form of government, organized under the provisions of act 13 of the Acts of 1913. Section 11 of said act, if valid, imposes an obligation upon the commissioners, as representatives of the city, to make certain allowances for police officers or firemen when such officers or firemen shall have been killed in the actual performance of official duties. Said § 11 contains the following: “Whenever a police officer or a fireman of the city shall be killed in the actual performance of his official duties, the board shall cause to be set aside for the use and…