Ragsdale v. Hargraves, Mayor

129 S.W.2d 967, 198 Ark. 614, 123 A.L.R. 993, 1939 Ark. LEXIS 101
CourtSupreme Court of Arkansas
DecidedJune 19, 1939
Docket4-5605
StatusPublished
Cited by8 cases

This text of 129 S.W.2d 967 (Ragsdale v. Hargraves, Mayor) 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
Ragsdale v. Hargraves, Mayor, 129 S.W.2d 967, 198 Ark. 614, 123 A.L.R. 993, 1939 Ark. LEXIS 101 (Ark. 1939).

Opinion

Mehafey, J.

The appellant, Will Ragsdale, a property owner of the City of Helena, Arkansas, instituted this action seeking to enjoin the city of Helena from issuing bonds in the sum of $16,000. The complaint alleges that the city of Helena, by an ordinance duly passed, called for an election, and a notice in pursuance of the ordinance was given. The election was held on April 14th to determine if the city should issue bonds for the purpose of the purchase, development and improvement jointly with the city of West Helena of a flying field or air-' port. It is alleged that a similar ordinance was passed in the city of West Helena, calling for an election on the same day for the purpose of determining whether the city of West Helena should issue bonds in the sum of $4,500 for the purpose of the purchase, development and improvement, jointly with the city of Helena, of a flying field or airport. The election was held on the day named, and by the Mayors’ proclamation of both Helena and West Helena, a majority had voted for a bond issue in each town. It is alleged that the mayor of Helena and the mayor of West Helena are preparing to advertise for the sale of bonds in each city, the proceeds of both issues to be used for the purpose of financing the purchase, development, and improvement jointly with each other of the flying field or airport, and that the council would levy a special tax, hot to exceed three mills to pay the principal and interest on said bonds. It is alleged that under Amendment No. 13 of the Constitution there is no authority for the issuance of bonds and levying of a tax by each city for the purpose of development and improvement of a flying field or airport to be controlled by both cities and that the amendment only authorizes the' issuance of bonds for a separate airport in the city; that the tax to be levied would be a cloud on appellant’s real estate, and the prayer was that appellees be permanently enjoined from advertising the bonds for sale, and be enjoined from delivering them to anyone, and from levying the tax to pay for them. It is alleged by the appellant that the suit is brought for himself and all others similarly situated who wish to join in the suit.

The appellees filed a demurrer stating that the complaint did not state sufficient facts to constitute a cause of action. The court sustained the demurrer and dismissed the complaint for want of equity, and the case is here on appeal.

It is the contention of appellant that Amendment No. 13 does not give authority to a city to go into a joint project with a neighboring city to develop and purchase an airport.

Amendment No. 13 provides, among other things: “Provided that cities of the first and second class may issue by and with the consent of a majority of the qualified- electors of said municipality voting on the question at an election held for the purpose, bonds in sums and for the purpose's approved by such majority at such election as follows: . . . for the purchase, development and improvement of public parks and flying fields located either within or without the corporate limits of such municipality.”

Act No. 80 of the Acts of 1939 provides: “Any two or more municipal corporations in the State of Arkansas may own and hold in joint tenancy, by gift or purchase, lands for use as airports or flying fields, which may be located either within or without their corporate limits; and may enter into contracts or agreements with each other, duly authorized by ordinances, for their joint operation, control, maintenance, improvement and development.”

Amendment No. 13 has been construed by this court in a number of cases. In the last case, Todd v. McCloy, 196 Ark. 832, 120 S. W. 2d 160, this court said: “The term ‘for the development and improvement of public parks’ is broad enough to include a stadium where visitors in the park may seat themselves to witness ball games or other forms of athletic entertainment incident to community life. Such a stadium would be an ‘improvement’ within the meaning of the amendment in question. Nor is validity of the objective impaired because of location of the property. The improvements may be ‘either within or without’ the corporation’s territorial area.”

Constitutional provisions should receive a reasonable construction, the purpose being to ascertain the meaning of the framers of the provision of the Constitution, and the intention of the electors in adopting the provision.

Amendment No. 13 gives express authority for the purchase, development and improvement of flying fields or airports located either within or without the municipality, and the legislature of 1939 adopted the emergency clause in Act No. 80, supra, and declared that for the public stafey, it was necessary to facilitate the construction of airports.

If a city may issue bonds for the purpose of acquiring or building airports without the aid of anyone, the fact that they get the aid of another city does not violate the provisions of the Constitution.

“The fundamental purpose in construing a constitutional provision is to ascertain and give .effect.to the intent of the framers and of the people who adopted it. The court therefore should constantly keep in mind the object sought to be accomplished by its adoption and the evils, if any, sought to be prevented or remedied.” Snodgrass v. Pocahontas, 189 Ark. 819, 75 S. W. 2d 223; 12 C. J. 700.

It was contended, in the case of Terry v. Overman, Mayor, 194 Ark. 343, 107 S. W. 2d 349, that while Amendment No. 13 authorized the issuance of bonds for the construction of a library, it did not authorize the issuance of bonds to construct an addition or improvement to the structure already in existence. This court said: ‘ ‘ The purpose of construing a constitutional provision is to ascertain and give effect to the intent of the framers 'and of the people in adopting it, and to this end it should receive a reasonable construction.” Citing Snodgrass v. Pocahontas, supra; Downen v. McLaughlin, 189 Ark. 827, 75 S. W. 2d 227.

The manifest purpose of Amendment No. 13 was to authorize municipalities to purchase, develop and improve public parks and flying fields; If it was the intention to authorize municipalities to purchase, develop and improve flying fields, the mere fact that two cities instead of one undertake the improvement does not violate the Constitution.

It is contended, however, that cities cannot hold property jointly. The Supreme Court of California, in the case of DeWitt et al. v. The City of San Francisco et al., 2 Cal. 289, said: “But in addition to this, there is a positive law passed on the 10th of April; 1852, which gives full power to the corporation of the city of San Francisco to purchase or rent a suitable building for-a city hall, for said city, provided the amount to be expended does not exceed $125,000. This law does not conflict with the charter of 1851, in any of its provisions or restrictions. It is full and complete, and is as much obligatory and authoritative for all purposes -within its purview as if it had been made part of the charter at its passage. And the only question in the way is, whether the title proposed to be acquired is contrary to the nature and character of the rights and existence of the eoi'poration.

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Bluebook (online)
129 S.W.2d 967, 198 Ark. 614, 123 A.L.R. 993, 1939 Ark. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ragsdale-v-hargraves-mayor-ark-1939.