Ledbetter v. Hall

87 S.W.2d 996, 191 Ark. 791, 1935 Ark. LEXIS 367
CourtSupreme Court of Arkansas
DecidedNovember 18, 1935
Docket4-4149
StatusPublished
Cited by10 cases

This text of 87 S.W.2d 996 (Ledbetter v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ledbetter v. Hall, 87 S.W.2d 996, 191 Ark. 791, 1935 Ark. LEXIS 367 (Ark. 1935).

Opinions

Mehaffy, J.

The appellant, a property owner in Street Improvement District No. 508, city of Little Rock, which is a municipal improvement district, organized under the ordinances of the city of Little Rock, for the purpose of paving certain streets, about 5% miles in length, filed' suit against the appellees in the Pulaski Chancery Court, to restrain said appellees, their attorneys, agents, servants and employees, from undertaking to comply with the order of the State of Arkansas Refunding Board, and to restrain appellees from selling any of the refunding obligations at a price that would yield less than par. The suit was brought by appellee for his benefit and for the benefit of all other real property owners, similarly situated.

The complaint is quite long, and we do not think it necessary to set it out in full.

The appellees filed a demurrer which the court sustained, and the appellant elected to stand on his complaint, refused to plead further, and the complaint was dismissed for Want of equity. The case is here on appeal.

The complaint and exhibits allege and show that the street which Street Improvement District No. 508 was organized to improve, is a continuation of State Highway No. 10. Said district, on March 1, 1930, issued and sold bonds in the sum of $534,000, with 5 per cent, interest coupons attached. Assessment was levied on the lands of the district, held in annual installments, and the bonds maturing in annual amounts until the }rear 1940. The district had received from the State certificates of indebtedness amounting to $661,321.91. It deposited these certificates with the State of Arkansas Refunding Board, and the Refunding Board, on July 9, 1935, delivered to the improvement district State of Arkansas Refunding obligations, or certificates of indebtedness, in the sum of $428,000, which was the amount of the district’s unmatured and unpaid costs as of January 1, 1934, said issue being described as follows :

“400 State of Arkansas Refunding Obligations or Certificates- of Indebtedness in denominations of $1,000 each, numbered M-2945 to M-3344, inclusive, each bearing interest at 3 per cent, per annum, payable January 1 and July 1 of each year, and the principal maturing January 1, 1944;
“56 State of Arkansas Refunding Obligations or Certificates of Indebtedness in denominations of $500 each, numbered D-4987 to D-5042, inclusive, each bearing interest at 3 per cent, per annum, payable January 1 and July 1 of each year, and the principal maturing January 1, 1944.” The district, in compliance with act 166 of 1935, advertised in the Arkansas Gazette and Arkansas'Democrat for tenders to the district for the purchase of its bonds. It received but one response, which was an offer to sell $20,000 at par, plus accrued interest. The commissioners of the district then offered for sale the district’s State of Arkansas refunding obligations. The highest bid received rvas 77 cents on the dollar.

Thereafter, the district filed a report of its proceedings with the Refunding Board, and asked authority of the board to sell the $428,000 refunding obligations at the highest and best price that could be secured for the purpose of paying the district’s indebtedness, so far as the proceeds would go. The Refunding Board, after a hearing of the report and petition, entered an order authorizing and empowering the district to sell the State of Arkansas refunding obligations at the best price obtainable in the market.

The complaint alleges that it was the intention of the Legislature that the refunding obligations should •be in full liquidation of the indebtedness as of January 1,1934. It is alleged that, if the refunding bonds are sold at less than par, a large portion of the bonded indebtedness of the district would be left unpaid, and a continuation of the taxes would be in violation of the intention of the Legislature.

The only questions for our consideration are, as stated by appellant, “the interpretation of act 166 of the Acts of 1935, and the validity of an order of the Refunding Board of September 4, 1935.”

Attention is called by the parties to the several acts passed by the Legislature beginning with the Harrelson act, which is act No. 5 of the Acts of 1923. These acts are considered for the purpose of arriving at the meaning and purpose of act 166 of 1935.

It is a matter of common knowledge that, when the 1923 act was passed, improvement districts had been formed all over the State, the property within said districts was assessed for the purpose of paying bonds or indebtedness of the district, and the indebtedness of practically all the improvement districts in the State had become so burdensome that the property owners could not pay their assessments.

It was the manifest intention of the Legislature in all these acts to give the property owners in the districts mentioned relief, to give them such assistance as would enable them to pay the assessments and save their lands.

We said in a recent case: “It was the manifest purpose of the Legislature to relieve the owners of real property from taxes on assessed benefits levied for the purpose of constructing streets in cities and towns which form continuations of State highways. * * The State had the right to pay so much of the indebtedness of municipal improvement districts as it pleased. It was'under no obligation to pay any of it.” Board of Street Improvement District No. 315 v. Ark. Highway Commission, 190 Ark. 1045, 83 S. W. (2d) 81.

In construing statutes, we should give effect to the intention of the Legislature. We said: “It is beyond question the duty of courts in construing* statutes to give effect to the intent of the law-making power, and to seek for that intent in every legitimate way. But * * * first of all in the words and language employed, and if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation.” Refunding Board of Ark. v. Bailey, 190 Ark. 558, 80 S. W. (2d) 61.

These statutes were also construed in Smith v. Refunding Board of Arkansas, ante p. 1.

In speaking about the construction of statutes, 59 C. J. states the rule as follows: “For the purpose of construction, resort may be had not only to the language and arrangement of the statute, but also to the intention of the Legislature, the object to be secured, and to such extrinsic matters as the circumstances attending its passage, the sense in which it was understood by contemporaries, and its relation to other laws. * * * A rational, rather than an arbitrary construction is to be accorded all statutes. The court must consider the rule of public policy, that all laws shall be certain in their terms and applications.” 59 C. J. 944.

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Bluebook (online)
87 S.W.2d 996, 191 Ark. 791, 1935 Ark. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledbetter-v-hall-ark-1935.