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HENRY v. TARPLEY

No. 5-1935.

324 S.W.2d 503 (1959)

E. A. HENRY, William Laubach, et al., Appellants, v. W. G. TARPLEY, Marion Ward and H. H. Harris, individually, as taxpayers and as representatives of a class, Appellees.

Supreme Court of Arkansas.

June 1, 1959.

Attorney(s) appearing for the Case

J. Frank Holt, Prosecuting Attorney, and John Jernigan, Chief Deputy Prosecuting Attorney, Little Rock, for appellants.

Gerald T. Ridgeway, Little Rock, Catlett & Henderson, Amici Curiae, Little Rock, Mehaffy, Smith & Williams, Amici Curiae, Little Rock, for appellees.

HOLT, Justice.

This appeal involves the constitutionality of Act 107 of the 1959 Legislature. On a hearing, the trial court held the Act unconstitutional on two grounds: (1) that it violates Amendment No. 40 to the Constitution of the State of Arkansas and, (2) that it also violates Amendment No. 14 for the reason that it was special and local in its effect.

Since we have concluded that the Act clearly, we think, violates Amendment 40 on two grounds, which...

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