Legal Opinion

Bryan v. City of Malvern

Supreme Court of Arkansas

Decided February 28, 1916PublishedCited by 5 opinions

Appeal from Hot Spring Chancery Court; Jethro P. Henderson, Chancellor; 1. In the absence of a showing that a pool hall is a nuisance a city has no right to declare it one or suppress it or prohibit its maintenance, 116 Ark. 390. 2. The license fee is unreasonable and the ordinance is void. 52 Ark. 301; 112 Id. 28. 3. It is void also as a means of raising revenue. 83 Ark. 355. The provisions of the ordinance are discriminatory in requiring the hall closed at 9 p. m. 85 Ark.…

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Appeal from Hot Spring Chancery Court; Jethro P. Henderson, Chancellor; 1. In the absence of a showing that a pool hall is a nuisance a city has no right to declare it one or suppress it or prohibit its maintenance, 116 Ark. 390. 2. The license fee is unreasonable and the ordinance is void. 52 Ark. 301; 112 Id. 28. 3. It is void also as a means of raising revenue. 83 Ark. 355. The provisions of the ordinance are discriminatory in requiring the hall closed at 9 p. m. 85 Ark. 513. ‘ 1. Pool and billiard tables are proper subjects of police regulation. 74 Kans. 393; 177 iS. W. 1036; 120 Mo. 1;…

1Opinion of the CourtSmith, J.

Appellant was engaged in operating a billiard hall in the city of Malvern, and on the 13th of April, 1915, the council of that city passed an ordinance regulating such places. Said ordinance provided for an annual license fee of $600, and that the operator of such hall should enter into a bond in the sum of a thousand dollars binding himself not to operate the hall after 9 p. m. or to permit any person under the age of 18, or any person under the influence of intoxicating liquors, to enter such hall; and it further provided that the keeper of -such hall should require each person who played…

2Cases cited1 opinion

  1. Town of Dardanelle v. GillespieSupreme Court of Arkansas · 1915

3Cited by5 opinions

  1. City of Piggott v. EblenSupreme Court of Arkansas · 1963
  2. Arkansas State Board of Architects v. ClarkSupreme Court of Arkansas · 1956
  3. Arkansas Railroad Commission v. Independent Bus LineSupreme Court of Arkansas · 1926
  4. Auston v. WilsonCalifornia Court of Appeal · 1938
  5. Thomas v. Town of Des ArcSupreme Court of Arkansas · 1916

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