Legal Opinion

Farrell v. Oliver

Supreme Court of Arkansas

Decided January 10, 1921PublishedCited by 39 opinions

Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. Act 400, Acts 1919, is unconstitutional and void, and the court erred in sustaining the demurer. Art. 5, § 30, Constitution. The attempted appropriation is a part of and included in the general appropriation hill supposed to cover any ordinary expenses of the executive, legislative and judicial departments of the State, and the attempted appropriation is unconstitutional.

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Appeal from Pulaski Chancery Court; John E. Martinecm, Chancellor; 1. Act 400, Acts 1919, is unconstitutional and void, and the court erred in sustaining the demurer. Art. 5, § 30, Constitution. The attempted appropriation is a part of and included in the general appropriation hill supposed to cover any ordinary expenses of the executive, legislative and judicial departments of the State, and the attempted appropriation is unconstitutional. The act No. 400, Acts 1919, for the maintenance of an industrial school is not an appropriation for the ordinary expense, of the executive, legislative…

1Opinion of the CourtMcCulloch, C. J.

The General Assembly of 1917 made provision for two institutions, designated respectively as the Boys ’ Industrial School of the State of Arkansas and the Girls’ Industrial School of the State of Arkansas, and created a board of management for each of said institutions, the members thereof to be appointed by the Governor. The appropriations for the maintenance of these institutions at the legislative session of the year 1919 were embraced in the general appropriation bill, and appellants, who are residents of Pulaski County and tax payers, instituted this action in the chancery court of…

2Cases cited5 opinions

  1. Griffin v. RhotonSupreme Court of Arkansas · 1907
  2. Lee County v. RobertsonSupreme Court of Arkansas · 1898
  3. Grooms v. BartlettSupreme Court of Arkansas · 1916
  4. Fergus v. RusselIllinois Supreme Court · 1917
  5. Oliver v. MartinSupreme Court of Arkansas · 1880

3Cited by39 opinions

  1. Asplund v. HannettNew Mexico Supreme Court · 1926
  2. MacKey v. McDonaldSupreme Court of Arkansas · 1974
  3. Samples v. GradySupreme Court of Arkansas · 1944
  4. Starnes v. SadlerSupreme Court of Arkansas · 1963
  5. Sellers v. FrohmillerArizona Supreme Court · 1933

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