Baird v. Bray
Supreme Court of Arkansas
Certiorari to Garland Circuit Court; Scott Wood, Judge; The ordinance is void, being in conflict with the State Constitution, Art. 2, Sec. 18, and with the 14th Amendment of the Federal Constitution. -It is also in direct conflict with that part of Section 5438, Kirby’s Digest, which provides that “Any bona fide owner or proprietor of any hotel or boarding house may solicit patronage to his hotel or boarding house without being required to wear a badge or pay license…
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Certiorari to Garland Circuit Court; Scott Wood, Judge; The ordinance is void, being in conflict with the State Constitution, Art. 2, Sec. 18, and with the 14th Amendment of the Federal Constitution. -It is also in direct conflict with that part of Section 5438, Kirby’s Digest, which provides that “Any bona fide owner or proprietor of any hotel or boarding house may solicit patronage to his hotel or boarding house without being required to wear a badge or pay license therefor.” The statute, Kirby’s Dig., § 5438, authorizes the city council to regulate soliciting to hotels, etc., by owners and…
1Opinion of the CourtMcCulloch, C. J.
The petitioner, Dick Baird, was arrested for violation of an ordinance of the City of Hot Springs regulating drumming by proprietors of hotels, rooming houses, etc. A fine was imposed by a judgment of the police court, and petitioner obtained from the judge of the circuit court a writ of habeas corpus to inquire into the legality of his imprisonment under the judgment of conviction. The case was heard by the circuit judge on the return of the writ, and an order was made remanding the petitioner to the custody of the chief of police. The judgment is brought here, on certiorari, for review.
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2Cases cited5 opinions
- New York Ex Rel. Silz v. HesterbergSupreme Court of the United States · 1908
- Williams v. ArkansasSupreme Court of the United States · 1910
- Williams v. StateSupreme Court of Arkansas · 1908
- Taylor v. MooreSupreme Court of Arkansas · 1911
- State v. BrewerSupreme Court of Arkansas · 1914
3Cited by2 opinions
- City of Clinton v. JonesSupreme Court of Arkansas · 1990
- City of Butte v. RobertsMontana Supreme Court · 1933