Bennett v. Johnson
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; 1. The Legislature can do anything not prohibited by the Constitution, and all presumptions are in favor of the validity of an act.
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Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; 1. The Legislature can do anything not prohibited by the Constitution, and all presumptions are in favor of the validity of an act. The Legislature can create an improvement district embracing lands in more than one county. 89 Ark. 513; 92 Id. 93; 102 Id. 560; 104 Id. 429; 120 Id. 277; 125 Id. 329; 96 Id. 410. 2. It can provide for the appointment of commissioners who are not residents of the county where a part of the road is to be improved. The Legislature is supreme and the Constitution does not prohibit it. 96 Ark. 410. 3.…
1Opinion of the CourtMcCULLOCH, C. J.
The General Assembly of 1917 enacted a special statute creating the “ Arkansas-Louisiana Highway Improvement District,”* for the purpose, as the name implies, of improving certain public highways running through the counties of Lincoln, Desha, Drew, Chicot and Ashley to the Louisiana State line,, and appellees, who own real estate within the boundaries of said district, challenged the validity of said statute and instituted this action to enjoin the commissioners from proceeding under its terms. The chancery court sustained the contention of appellees as to the unconstitutionality of the…
2Cases cited15 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Crane v. Siloam SpringsSupreme Court of Arkansas · 1899
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
- McAdams v. HenleySupreme Court of Arkansas · 1925
- Cumnock v. AlexanderSupreme Court of Arkansas · 1919
- Capps v. Judsonia & Steprock Road Improvement DistrictSupreme Court of Arkansas · 1922
19 more not listed; retrieve them via the Exa API.