Vance v. Austell
Supreme Court of Arkansas
APPEAL from Cross Circuit Court. Hon. M. T. Sanders, Judge, on exchange of circuits. Sec. 1163, Mansf. Dig., is unconstitutional. Sec. 3, Art. XIII, Const. 1874, provides that no county seat shall be established or changed without the consent of a majority of the qualified voters of the county, etc., means a majority of qualified voters actually participating in the election. The provision is self-executing.
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APPEAL from Cross Circuit Court. Hon. M. T. Sanders, Judge, on exchange of circuits. Sec. 1163, Mansf. Dig., is unconstitutional. Sec. 3, Art. XIII, Const. 1874, provides that no county seat shall be established or changed without the consent of a majority of the qualified voters of the county, etc., means a majority of qualified voters actually participating in the election. The provision is self-executing. McCrary on Elections, Sec. 183; 95 u- S-, 360; 54 Mo., 391; in U. S., 336; 20 III., 139; 47 III., 246; 16 Wall., 644. The negative words in the provision mean also the converse, that a…
1Opinion of the CourtSmith, J.
These appeals both involve the removal of the county seat of Cross, under two successive elections, held for that purpose. In the year 1883 the county court had ordered a special election for the determination of this question. The assessor’s books for that year showed 1200 persons assessed for a poll tax. The total vote polled was 691, of which 455 were for change to Vanndale, and 236 were against change. No further orders were then made in relation to this election,, the county court and all interested apparently considering that the proposition to remove the county seat from Wittsburg had…
2Cases cited5 opinions
- Carroll County v. SmithSupreme Court of the United States · 1884
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- State ex rel. Bassett v. RenickSupreme Court of Missouri · 1866
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
3Cited by48 opinions
- Bush v. MartineauSupreme Court of Arkansas · 1927
- Gipson v. IngramSupreme Court of Arkansas · 1949
- State v. MartinSupreme Court of Arkansas · 1895
- Stanley v. GatesSupreme Court of Arkansas · 1929
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1911
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