{
  "id": 1435236,
  "name": "Norsworthy v. Searan",
  "name_abbreviation": "Norsworthy v. Searan",
  "decision_date": "1932-02-08",
  "docket_number": "",
  "first_page": "98",
  "last_page": "100",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ark. 98"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "35 S. W. (2d) 70",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "opinion_index": 0
    },
    {
      "cite": "183 Ark. 107",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1441800
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/183/0107-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T16:31:44.100435+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Norsworthy v. Searan."
    ],
    "opinions": [
      {
        "text": "Smith, J.\nThe immediate question in this case is, What is the compensation to which jurors, grand and petit, are entitled in Arkansas 'County? The answer to this question depends on the constitutionality of act 299 of the Acts of 1931 (Acts 1931, page 1032).\nThis act 299 is entitled, \u201cAn act fixing the fees and salaries of certain county officers and creating the office of collector in counties having a population 'between twenty-two thousand and twenty-two ^thousand five hundred. \u2019 \u2019 By this act the offices of sheriff and collector are separated, and certain duties are imposed on the collector in regard to visiting each incorporated town in the county. All the county officers are put on salaries, and provision is made for deputies and clerical assistance. Section 18 contains the following provision in regard to the compensation of jurors: \u201cThat, from and after the passage of this act, the grand jurors and petit jurors of the circuit court of such county shall receive as their compensation three dollars fifty cents ($3.50), and they shall be allowed the same mileage as now allowed by law. \u2019 \u2019\nOther sections of the act provide the fees' to be paid upon suits filed in both the circuit and chancery courts, and for making transcripts upon appeals to the Supreme Court.\nIt is provided in the act, however, that \u201cthe provisions of this act shall apply to all counties which had, according to the last Federal census, a population between twenty-two thousand and twenty-two thousand five hundred. \u2019 \u2019\nBy the, last or 1930 Federal census, Arkansas County had a population of twenty-two thousand three hundred, and was the only county in the State whose population exceeded twenty-two thousand and was less than twenty-two thousand five hundred. It is therefore apparent and certain that the act can apply only to that county, and its operation is as definitely limited to Arkansas County as if it had been made to apply to that county by name and to no other. As the act is not prospective, but applies only to the counties \u201cwhich had, according to the last Federal census,\u201d the designated population, it cannot ever apply to any county except Arkansas County. The act is therefore a local one within the inhibition of the constitutional amendment against local legislation.\nThere has been confusion as to the number of this and certain other amendments: The Local Bill Amendment to the Constitution is designated in Applegate\u2019s Constitution- of Arkansas, Annotated (page 231), as amendment No. 12, and we have used that number in referring to it. This is the amendment which provides that \u201cThe General Assembly shall not pass any local or special act. This amendment shall not prohibit the repeal of local or special acts.\u201d The Secretary of State has had printed the Constitution with the amendments thereto, in which he has designated the Local Bill Amendment as amendment No. 14., and we therefore employ the same number in referring to it.\nThe instant case cannot be distinguished from the recent ease of Cannon v. May, 183 Ark. 107, 35 S. W. (2d) 70, and is controlled by it, and, upon the authority of that case, it must be held \u2014 and we do hold \u2014 that act 299 of the Acts of 1931 is void, as having been enacted contrary to Constitutional Amendment No. 14, above referred to. There is therefore no valid act fixing a different or special compensation for jurors in Arkansas County, and they must therefore be paid the same compensation as is allowed by the general laws of the State.\nThe decree of the chancery court, from which this appeal comes, conformed to this view, and it is therefore affirmed.",
        "type": "majority",
        "author": "Smith, J."
      }
    ],
    "attorneys": [
      "George E. Pilce, for appellant.",
      "W. A. Leach and M. F. Elms, for appellee."
    ],
    "corrections": "",
    "head_matter": "Norsworthy v. Searan.\nOpinion delivered February 8, 1932.\nGeorge E. Pilce, for appellant.\nW. A. Leach and M. F. Elms, for appellee."
  },
  "file_name": "0098-01",
  "first_page_order": 118,
  "last_page_order": 120
}