Legal Opinion

Cox v. State

Supreme Court of Arkansas

Decided January 2, 1904PublishedCited by 28 opinions

Appeal from Pulaski Circuit Court. Edward W. Wineieed, Judge. statement by the court. The General Assembly of 1903 passed an act for the purpose of completing the state capítol. Act 1903, p. 248. The title of the act is “An act to provide for the completion of the state capitel building, and for other purposes.” To carry into effect the purposes of the act, it created a board to be known as the “State Capitol Commission.”

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Appeal from Pulaski Circuit Court. Edward W. Wineieed, Judge. statement by the court. The General Assembly of 1903 passed an act for the purpose of completing the state capítol. Act 1903, p. 248. The title of the act is “An act to provide for the completion of the state capitel building, and for other purposes.” To carry into effect the purposes of the act, it created a board to be known as the “State Capitol Commission.” It provided that the board should consist of five persons, toj be elected by the Senate and House of Representatives in the manner provided in the act. This act was passed…

1Opinion of the CourtRiddick, J.

(after stating the facts.) This is an action brought by the attorney general against Thomas Cox and four other defendants, who were appointed by the governor to serve as members of the board of state capital commissioners created by act of the last legislature. The act in question provided that the members should be elected by the two houses of the legislature in joint session. Acts of 1903, p. 249. In pursuance of this provision of the act, commissioners were duly elected by the legislature. But the governor, acting on the theory that the legislature had no power to make such selection, and…

2Cases cited4 opinions

  1. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  2. People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889
  3. Hovey v. State ex rel. RileyIndiana Supreme Court · 1889
  4. State v. GeorgeOregon Supreme Court · 1892

3Cited by28 opinions

  1. Richardson v. YoungTennessee Supreme Court · 1909
  2. State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
  3. Marine Forests Society v. California Coastal CommissionCalifornia Supreme Court · 2005
  4. Fulkerson v. Refunding Board of ArkansasSupreme Court of Arkansas · 1941
  5. Buchholtz v. HillCourt of Appeals of Maryland · 1940

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