Arkansas State Board of Pharmacy v. Troilett

With the certain knowledge that I shall be deemed an “old fogy” in some quarters, I still desire to express my dissent in this case. Let it be borne in mind that there is no dispute but that appellees are violating the law; they admitted it. There was no pertinent fact remaining to be proved. Despite this circumstance, the Chancery Court refused to grant an injunction because a criminal penalty is provided in the act violated, Ark. Stat. Ann. § 82-944-953 (Repl. 1960), and “because of the difficulty in the enforcement of the injunction”. I do not agree that the criminal penalty provides…