Pearson v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Political divisions of the State government do not sustain such relations to the State as to create between them and the State such a contract as is contemplated by the Federal and State Constitutions. See Cooley, Const. Lim. pp. 150, 337; 4 Wheat. 518; 6 How. 301 j 16 id. 369; 3 Wall. 51. These principles apply only to private corporations, and not to mere agencies of government or parts of its machinery.
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Appeal from Logan Circuit Court. Political divisions of the State government do not sustain such relations to the State as to create between them and the State such a contract as is contemplated by the Federal and State Constitutions. See Cooley, Const. Lim. pp. 150, 337; 4 Wheat. 518; 6 How. 301 j 16 id. 369; 3 Wall. 51. These principles apply only to private corporations, and not to mere agencies of government or parts of its machinery. An entirely different rule prevails as to public corporations, or those created for public purposes only. The legislature may, at will, create, modify or…
1Opinion of the CourtHemingway, J.
The single question in this case is, whether it was competent for the legislature to release the treasurer of Togan county from his liability to pay the county and various school districts therein the amounts received by. him for them, on the ground that the money was taken by burglars, without fault on his part, from a safe furnished him by the county for keeping it.
The appellant contends that the power of the legislature was absolute; that counties and school districts are but agencies of the State created by it to aid in the conduct of government, and that they, with their possessions, are…
2Cases cited15 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- New Orleans v. ClarkSupreme Court of the United States · 1877
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3Cited by18 opinions
- Love v. City of DallasTexas Supreme Court · 1931
- McSurely v. McGrewSupreme Court of Iowa · 1908
- Miller v. HenryOregon Supreme Court · 1912
- State v. DavisSupreme Court of Arkansas · 1928
- Independent School Districts Nos. 1, 2, 3, 5, 7 & 9 v. Common School Districts Nos. 1Idaho Supreme Court · 1936
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