Entries - Entry Category: Laws and Court Cases

Pugsley v. Sellmeyer

Pugsley v. Sellmeyer is the title of an Arkansas Supreme Court case that dealt with a disciplinary decision made by the school district of Knobel (Clay County) pertaining to a student being suspended for wearing talcum powder on her face. The case has been cited in other legal actions, namely in students’ rights lawsuits, and appears in various books focusing on these matters. At the beginning of the 1921–22 academic year, Knobel High School principal N. E. Hicks informed a student assembly of new rules of conduct adopted by the district’s school board. One of the mandates prohibited female students from wearing low-necked dresses or immodest clothing, as well as banning cosmetics. Earlier in the day, senior Pearl Pugsley had …

Raney v. Board of Education

aka: Arthur Lee Raney v. Board of Education of the Gould School District

Raney v. Board of Education, a lawsuit originating in Gould (Lincoln County), was one of three cases heard by the U.S. Supreme Court in April and May 1968 that brought an end to so-called “freedom of choice” school desegregation plans that had gained traction in the 1960s. In the 1964–65 school year, ten years after the U.S. Supreme Court’s Brown v. Board of Education decision, Gould schools were still totally segregated. The district covered an area of eighty square miles and contained 3,000 residents. Of these, 1,800 were black and 1,200 were white. Since Gould was the only town in the predominantly rural county, many of the district’s students attended school there. Gould maintained two segregated combined elementary and high …

Rector v. United States

Rector v. United States is a series of court cases initiated by Henry Massie Rector, who was governor of Arkansas from 1860 to 1862, to lay claim to the hot springs now located in Hot Springs National Park in Hot Springs (Garland County). Rector’s claim to the property dated to his father Elias Rector’s survey of the land completed in 1819. In 1819, Samuel Hammond—a veteran of the American Revolution, former deputy governor of the District of Louisiana, and receiver of public monies of the Land Office of Missouri and Illinois—purchased New Madrid Certificate 467 for $640. Created by the U.S. Congress in 1815, these certificates were awarded to landowners who lost property in the New Madrid Earthquakes of 1811–1812. …

Revenue Stabilization Act

aka: Act 311 of 1945

The Revenue Stabilization Act is an act of the Arkansas General Assembly that categorizes and prioritizes spending for the operation of state government. The act establishes a formula by which to perform an orderly monthly distribution of revenues. The original act eliminated more than 100 special funds and substituted a single general fund from which appropriations are funded. It also provided for paying off all non-highway-related bond indebtedness. The act is revised each legislative session to adapt to economic cycles, revenue forecasts, and program priorities. While Amendments 19 and 20 to the Arkansas Constitution, also known as the “Futrell Amendments,” sharply curtailed the ability of state government to become indebted, the problems of inflexibility and inefficiency in state finances remained …

Right to Work Law

aka: Amendment 34

In November 1944, Arkansas and Florida became the first two states to enact what are commonly known as “Right to Work” measures. These laws prohibit employers and employee-chosen unions from agreeing to contracts that require employees to join the union as a condition of employment. Thus, rather than simply granting an individual the right to work, such laws regulate the collective bargaining process to the detriment of unions. The effort to enact Right to Work laws originated on Labor Day in 1941, when Dallas Morning News editorial writer William Ruggles called for the passage of an amendment to the U.S. Constitution prohibiting contracts that required employees to become union members. Soon thereafter, Vance Muse, founder of the Christian American Association, …

Rison et al. v. Farr

The Arkansas Supreme Court decision in Rison et al. v. Farr overturned the “Iron-Clad” oath that had been passed by the 1864 session of the Union legislature in order to prevent ex-Confederates from voting. Since the case precipitated Radical Reconstruction, probably the most controversial period in Arkansas history, Rison et al. v. Farr stands as one of the most important decisions ever made at the state Supreme Court level. In 1864, Unionists, now in control of Little Rock (Pulaski County), wrote a new constitution for Arkansas. Section 2 of Article 4 provided that “every free white male citizen of the United States” aged twenty-one or over and a resident for six months “shall be deemed a qualified elector.” However, the …

Save the River Parks Campaign

aka: Audubon Society of Central Arkansas v. Dailey

“Save the River Parks” was a slogan adopted by environmental and neighborhood groups in Little Rock (Pulaski County) in a four-year political and legal campaign that ultimately, in 1992, halted construction of a highway along the southern bank of the Arkansas River connecting the city’s downtown district to interstate highways and residential and business districts on the city’s western side. After a citywide vote and losing battles in state and federal courts, the city government, the Arkansas Highway and Transportation Department, and the U.S. Army Corps of Engineers abandoned the road construction. The subsequent construction of bicycle and pedestrian bridges over the Arkansas River and a tributary, as well as a trail system linking some twenty parks along the river …

Securities Legislation

“Securities” are investment interests that include bonds, corporate stock, promissory notes taken in exchange for investment of capital, and less standardized interests such as ownership interests in partnerships and limited liability companies. Both federal and state laws regulate the purchase and sale of securities as well as the professionals and businesses that engage in commerce in securities. Both sets of laws apply independently, and the requirements of each must be satisfied. Individual states enacted laws regulating securities and the securities industry starting in the early twentieth century. These state laws are commonly referred to as “blue-sky laws,” because they were designed to protect gullible investors against scam artists who took money in exchange for interests no more substantial than shares …

Separate Coach Law of 1891

The Separate Coach Law of 1891 (Act 17) was a Jim Crow law requiring separate coaches on railway trains for white and black passengers. The law arose out of the political upheavals of the era, in which the Democratic Party sought to stave off challenges to their dominance by distracting voters with racist concerns, and it further relegated African Americans to the margins of social and economic life. By the late 1880s, large numbers of angry white farmers threatened to leave the Democratic Party and join new agrarian parties, such as the Union Labor and Populist organizations. Democratic chieftains and established elites tried to allay defections and distract attention from economic and class issues that were beginning to divide the …

Shelton v. Tucker

Shelton v. Tucker was a 1960 U.S. Supreme Court case that thwarted Governor Orval Faubus and his allies’ effort to all but end the operations of the National Association for the Advancement of Colored People (NAACP) in the state. In ruling that the recently enacted Act 10 of 1958 violated the freedom of association protected by the First Amendment, the Court rebuffed the state’s efforts, allowing the organization to continue its work. The statute at issue, Act 10 of 1958, was one of a number passed by the Arkansas General Assembly in the midst of the Central High School desegregation crisis. The law sought not to target the NAACP’s leadership but rather those whom Governor Orval Faubus and the legislature …

Skipper v. Union Central Life Insurance Company

aka: William Franklin Skipper (Murder of)
aka: Monticello Lynching of 1898

The death of William Franklin Skipper near Baxter (Drew County) in 1896 sparked a series of trials the Arkansas Gazette described as “perhaps the strangest case in the criminal annals of Arkansas.” The only certainty in the case seems to be that Skipper, a merchant and sawmill owner and a partner in the firm of Skipper and Lephiew (sometimes spelled Lephlew), died of a knife wound to the neck beside Bayou Bartholomew sometime on May 13, 1896. During the two criminal trials, much of the argument centered on whether he committed suicide or was murdered by a group of African-American men who worked at his mill. The criminal case dragged on for more than two years. The Arkansas Supreme Court overturned the …

Slave Codes

Slave codes were the legal codification of rules regulating slavery. These official parameters for slavery were enacted in every colony or state that condoned the institution. Even before Arkansas was a recognized territory, slave codes existed in the region. Adopted by the French in 1724, the Code Noir, or Black Code, set the legal structure of slavery in Louisiana during the French and Spanish periods. The Code Noir was a comprehensive and detailed policy that set forth guidelines for almost every facet of slavery. The initial laws were partly designed to set limits upon slave owners and convey certain responsibilities to the masters regarding their slaves, including setting minimal standards for food, clothing and shelter, long-term care of sick or …

State of Arkansas v. Artoria Smith

aka: Arkansas v. Smith (2015)

State of Arkansas v. Artoria Smith is a decision of the Pulaski County Circuit Court written by Judge Herbert T. Wright Jr. and filed on January 20, 2015. The decision declared unconstitutional Arkansas’s failure-to-vacate statute—a statute that criminalizes failure to pay rent while remaining on the premises (an act that no other state criminalizes). Three other circuit courts in Arkansas followed suit in declaring the statute unconstitutional. The parties in Arkansas v. Smith stipulated to several facts. Smith and her landlord, Primo Novero, had a lease agreement in 2014. On July 9, 2014, Novero gave Smith ten days’ notice under Arkansas’s failure-to-vacate statute, claiming she had breached the lease. Under the statute, a tenant who remains on the premises more …

State of Arkansas v. Tee Davis

State of Arkansas v. Tee Davis was a criminal lawsuit in the Crittenden County Circuit Court in September 1943 that resulted in the conviction of African-American sharecropper and Southern Tenant Farmers’ Union (STFU) member Tee Davis for assault with intent to kill. Davis was at home in Edmondson (Crittenden County) on March 22 with his wife, Elizabeth, when an intruder began pounding on the door demanding that Davis come outside. Fearing for his safety, Davis armed himself with a shotgun and fired two blasts through the door. The intruder was later revealed to be Edmondson business owner and town marshal Harold E. Weaver. Two Crittenden County deputy sheriffs had enlisted Weaver to help them perform warrantless searches of sharecropper cabins …

State v. Buzzard

State v. Buzzard (1842) was a case in the first half of the nineteenth century involving the right of an individual to carry a concealed weapon. The case came two decades after an 1822 Kentucky case that struck down a state law that restricted concealed weapons—although the weapon at issue there was a sword concealed in a cane. Ultimately, given the facts in Buzzard, coupled with the language of the Second Amendment to the U.S. Constitution, the case has come to be recognized as one of the earliest examinations of the Second Amendment right to bear arms. The case was heard by the original three members of the Arkansas Supreme Court—Chief Justice Daniel Ringo and Associate Justices Townsend Dickinson and …

Streetcar Segregation Act of 1903

The Streetcar Segregation Act, adopted by the Arkansas legislature in 1903, assigned African American and white passengers to “separate but equal” sections of streetcars. The act led to boycotts of streetcar service in three Arkansas cities. The Streetcar Segregation Act (Act 104), introduced by Representative Reid Gantt of Hot Springs (Garland County) and modeled after legislation in Virginia and Georgia, was a more moderate version of earlier segregationist legislation. The act did not require separate coaches for Black and white passengers but rather required segregated portions of streetcar coaches with separate but equal services. On March 10, 1903, Black leaders assembled at the First Baptist Church in Little Rock (Pulaski County) and demanded the halt of legislative efforts aimed at …

Swamp Land Act of 1850

The Swamp Land Act of 1850 gave Arkansas the right to identify and sell millions of acres of overflowed and swamp lands in the public domain and to use the proceeds to finance internal improvements, principally levees and drainage ditches. Arkansas eventually acquired more than 8,600,000 acres of land through the Swamp Land Act. This grant of land was of enormous importance to the state at the time, but it had little permanent impact on the economic development of the state. In the 1830s, planters and land developers began to move into Arkansas, attracted by the rich Mississippi Alluvial Plain bottomlands. The alluvial lands, however, were subject to seasonal overflows. In addition, much of the bottomland was swampland, described by …

Thurairajah v. City of Fort Smith

In Thurairajah v. City of Fort Smith, the U.S. Court of Appeals for the Eighth Circuit found that police lacked probable cause to arrest Eric Roshaun Thurairajah for disorderly conduct after he drove by a traffic stop and yelled, “F**k you!” to an officer on the side of the road, because the shout constituted protected political speech. Thurairajah was one of a line of cases in federal and state appellate courts in Arkansas and elsewhere in which the judiciary used a minor incident, such as uttering offensive words or brushing the American flag during a protest, to hold that an arrest merely for offensive conduct violated a person’s First Amendment rights. In 2015, Arkansas State Trooper Lagarian Cross was performing …

Tobacco Settlement Proceeds Act of 2000

After the establishment of the Master Settlement Agreement of 1998 between several major U.S. tobacco companies and four state governments (Texas, Florida, Minnesota, and Mississippi), the remaining forty-six states, the District of Columbia, and five U.S. territories not party to the original legal action were allowed to join into benefits conferred by the agreement. The tobacco companies were mandated to pay damages approaching the sum of $10 billion over an indefinite time period to the states joining the agreement, as well as acknowledge publicly that tobacco companies targeted youth in marketing and sales of products. In addition, the companies were subjected to sponsorship, marketing, and sales restrictions on their product. The State of Arkansas, agreeing not to file further litigation …

Turner v. Arkansas (1991)

Turner v. Arkansas, 784 F. Supp. 585 (E.D. Ark. 1991), a 1991 decision by the U.S. District Court of Appeals for the Eastern District of Arkansas, was the culmination of a battle over the drawing of congressional districts within the state, one that reflected the growing challenges states faced in the reapportionment process required after each decennial census. The dispute stemmed from challenges to the redistricting effort that had been undertaken by the Arkansas General Assembly in Act 1220 of 1991. The plaintiffs Jessie Turner, Christine Brownlee, Jack Foster, Alan Smith, and Freddie Lyon argued that the plan violated the Fourteenth and Fifteenth Amendments to the U.S. Constitution as well as the federal Voting Rights Act—and most importantly ran afoul …

U.S. Term Limits Inc. v. Thornton

The case U.S. Term Limits, Inc. v. Thornton (514 U.S. 779, 1995) began as a conflict over term limitations placed on those elected to the House of Representatives (three terms in office) and the U.S. Senate (two terms in office) from the state of Arkansas. It ended with the U.S. Supreme Court interpreting the role of the states in the federal structure created by the U.S. Constitution. The Court resolved the dispute by ruling that the qualifications for those elected to the U.S. Congress listed in the U.S. Constitution are exclusive. Thus, states may not impose additional qualifications upon candidates for the U.S. Congress either directly, or, as in the case of Arkansas, indirectly. Arkansas imposed term limitations through Amendment …

United States v. Burch

The court case of United States v. Burch centered upon Chris Burch’s opposition to Bill Barnes’s expansion of his private resort community, Mountain Harbor Resort, farther into the Ouachita National Forest in western Arkansas. Chris Burch had lived around the forest since 1977 and enjoyed its natural beauty. Bill Barnes’s father had leased lands from the U.S. Army Corps of Engineers in 1955, and Barnes was continuing his father’s work: to develop the land to meet the public’s needs as was dictated by the lease. Burch’s family, who owned and operated a small motel and general store, was friendly with—and even referred customers to—Barnes, who frequently returned the favor. Burch, however, was troubled when Barnes requested a new lease over …

United States v. Miller et al.

United States v. Miller et al. originated in the U.S. District Court, Western District of Arkansas, Fort Smith Division when a federal grand jury indicted two men for transporting a sawed-off shotgun from Oklahoma to Arkansas in violation of a federal firearm statute. The case eventually became the single instance in which the U.S. Supreme Court explicitly tackled the Second Amendment in the twentieth century, and it remains controversial to this day. The National Firearms Act (NFA), Public Law 73-474, effective July 26, 1934, was in reaction to widespread gun violence during the Prohibition era. The NFA required that certain weapons—principally machine guns, sawed-off shotguns and rifles, and silencers—be registered with the federal government and be heavily taxed. On April …

United States v. Waddell et al.

United States v. Waddell et al. is a U.S. Supreme Court case that arose from an 1883 incident of nightriding (sometimes called whitecapping) in Van Buren County, in which a group of armed white men attempted to drive off a Black homesteader. The case centered upon the question of whether or not an individual, having settled upon a piece of property for purposes of obtaining a federal homestead, enjoyed the protection of the federal government in attempting to exercise his rights in the face of conspiracies to intimidate. On December 13, 1882, Burrell Lindsay (sometimes spelled Lindsey), an African American man, made a homestead entry for a tract of land in Bradley Township in southeastern Van Buren County. On the …

Weston v. Arkansas

aka: Arkansas v. Weston

Joseph Harry Weston v. State of Arkansas dealt with two criminal cases that reached the Arkansas Supreme Court in the 1970s, the second of which led the court to declare the state’s old criminal-libel law unconstitutional. Joseph Harry Weston was the owner and editor of a tiny tabloid newspaper in Cave City (Sharp County) called the Sharp Citizen, which he printed off and on from 1972 until 1978. The paper, which was composed on typewritten stationery with hand-drawn headlines, reveled in strongly opinionated articles that alleged corruption and other scandalous behavior by public officials, businessmen, and common citizens, including Weston’s rural neighbors. The editor’s crusades got national attention but put him into almost perpetual conflict with law-enforcement officials, prosecutors, and …

Wilkerson v. State

The 1947 landmark case of Wilkerson v. the State of Arkansas, in which two African-American men were prosecuted after a deadly highway shooting incident, ended the exclusion of African Americans from Jefferson County juries, marking the first time black jurors had served in the state since Reconstruction. The case also received extensive media coverage because the defense attorneys—William Harold Flowers, who was a leading figure in the civil rights movement in Arkansas in the 1940s, and Zephaniah Alexander Looby, a civil rights leader and attorney from Tennessee—directly attacked unfair and discriminatory Jim Crow laws and practices in open court. On February 9, 1947, off-duty Jefferson County special deputy sheriff George Cletus Bryant, his brother Archie Bryant, and C. W. Winston …

Wood v. Strickland

Wood v. Strickland is the title of a U.S. Supreme Court decision that grew out of a local dispute over a teenage prank perpetrated by three high school students of the Mena Special School District. This case has attained an importance far beyond its origins, helping to define the constitutional rights of public school students and the parameters under which public officials may be sued for monetary damages in federal court. On February 18, 1972, three students—Virginia Crain, Peggy Strickland, and Jo Wall—at Mena (Polk County) confessed to spiking the punch at an extracurricular function with twenty-four ounces of a flavored malt liquor beverage. Principal Duddy Waller suspended the three students for a week. The same day, meeting in a …

Wright v. Arkansas

Wright v. Arkansas was a case involving same-sex marriage in Arkansas. Beginning with a May 2014 decision by a state district court judge, which overturned Arkansas’s ban on gay marriage, the case was stalled in the courts for the next fourteen months. In response to the original decision, one that came amidst the turmoil that surrounded the issue of gay marriage nationwide, the state attorney general secured a temporary stay of the ruling from the Arkansas Supreme Court. Subsequently, additional efforts were undertaken to get a full review by the state’s highest court and then, alternatively, in a special court. A change in the occupants of the offices of both governor and state attorney general contributed to delays, however, and …

Wright v. Wright

Wright v. Wright was a 1970 case heard by the Arkansas Supreme Court that addressed the basic question of whether a person who murders his or her parent can then inherit from the estate of the victim. The case of Wright v. Wright had its roots in the September 1953 rifle slaying of Junius Everett Wright and his wife, Macle Cullum Wright, by their son Leslie A. Wright. Accused of a double murder, Wright was convicted for killing his mother and received a life sentence for that crime. Prosecutors opted not to try the seventeen-year-old former high school basketball player for the murder of his father. He was subsequently paroled in 1964, and upon release from prison, he married Lynda …

Yancey v. Faubus

Yancey v. Faubus 238 F. Supp. 290 (1965) was a legal case involving legislative reapportionment in Arkansas in the aftermath of decisions by the U.S. Supreme Court that not only established the principle of “one person, one vote,” but also determined that, by virtue of the Fourteenth Amendment, that principle was applicable to the apportionment for representation in the state legislatures as well. The challenge to the apportionment process in Arkansas originated in a suit filed by John Yancey on July 15, 1964, exactly one month after the U.S. Supreme Court handed down its ruling in Reynolds v. Sims 377 U.S. 533 (1964). Yancey, a registered voter in Pulaski County, filed suit against Governor Orval Faubus, Secretary of State Kelly …