Taylor v. Moore
Supreme Court of Arkansas
Appeal from Garland Chancery Court; A. Curl, Chancellor; 1. The ordinance is unconstitutional and- void because it deprives the citizen of his liberty to pursue his legitimate business.
Read the full summary
Appeal from Garland Chancery Court; A. Curl, Chancellor; 1. The ordinance is unconstitutional and- void because it deprives the citizen of his liberty to pursue his legitimate business. The police power .is limited to those things essential to the safety, health, comfort and morals of the community, and any enactments seeking to restrict the liberty of a citizen in matters that do not fall within the scope of the police power, as thus defined, is void. 64 Ark. 424; 58 Ark. 407; 123 U. S. 623; 152 U. S. 137; 165 U. S. 589; 198 U. S. 571 193 in- 334, 62 N. E. 219, 220; 98 N. Y. 108, 17 N. E.…
1Opinion of the CourtMcCueeoch, C. J.
C. E. Taylor was convicted of violating an ordinance of the city of Hot Springs which regulates drumming for hotels, boarding houses, bath houses, etc. He sought discharge from custody by the writ of habeas corpus issued by the chancellor, and in that way attacks the validity of the ordinance. On hearing of the writ the chancellor decided that the ordinance is valid, and remanded the petitioner to the custody of the chief of police for enforcement of the punishment imposed by the police court. An appeal to this court was obtained, and the transcript lodged here. The correct practice in such…
2Cases cited6 opinions
- Williams v. ArkansasSupreme Court of the United States · 1910
- Ex parte JacksonSupreme Court of Arkansas · 1885
- Ex parte BylesSupreme Court of Arkansas · 1910
- Williams v. StateSupreme Court of Arkansas · 1908
- State ex rel. Arkansas Industrial Co. v. NeelSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jackson v. BeaversSupreme Court of Georgia · 1923
- City of Clinton v. JonesSupreme Court of Arkansas · 1990
- Kozal v. Board of CorrectionSupreme Court of Arkansas · 1992
- Baird v. BraySupreme Court of Arkansas · 1916
- City of Butte v. RobertsMontana Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.