Conway v. Miller County Highway & Bridge District
Supreme Court of Arkansas
Appeal from Miller Chancery Court; Jas. D. Shaver, Chancellor; 1. The legislature has attempted to give jurisdiction and control to the commissioners over such public roads as they may select not exceeding 60 miles in length, "etc. This attempt is in conflict with § 28, Art. 7, Constitution. It is an usurpation of the jurisdiction of the County Courts. 89 Ark. 513; 118 Id. 294. 2. The five roads and bridges do not constitute a single improvement.
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Appeal from Miller Chancery Court; Jas. D. Shaver, Chancellor; 1. The legislature has attempted to give jurisdiction and control to the commissioners over such public roads as they may select not exceeding 60 miles in length, "etc. This attempt is in conflict with § 28, Art. 7, Constitution. It is an usurpation of the jurisdiction of the County Courts. 89 Ark. 513; 118 Id. 294. 2. The five roads and bridges do not constitute a single improvement. No such “roving” commission can be created legally. 118 Ark. 294;' 118 Ark. 119. See also the former decision in 120 Ark. 510. 3. Treating the act…
1Opinion of the CourtMcCulloch, C. J.
This suit involves an attack on the validity of a special statute enacted by the General Assembly of 1915 (Act No. 153, Session of 1915, page 617) creating an improvement district known as the Miller County Highway & Bridge District, and it also calls in question the validity of the proceedings under said statute. The same case was here on a former appeal, where we held that the improvements of the highways and the construction of the bridge mentioned in the statute constituted a single improvement, so as'to fall within the limitation to the effect that the cost of the improvement shall not…
2Cases cited9 opinions
- Washer v. Bullitt CountySupreme Court of the United States · 1884
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Little Rock v. KatzensteinSupreme Court of Arkansas · 1889
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Nall v. KelleySupreme Court of Arkansas · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Van Dyke v. MackSupreme Court of Arkansas · 1919
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
- Fulton Ferry & Bridge Co. v. BlackwoodSupreme Court of Arkansas · 1927
- Fenolio v. Sebastian Bridge DistrictSupreme Court of Arkansas · 1917
6 more not listed; retrieve them via the Exa API.