{ "id": 1462426, "name": "Todd v. McCloy", "name_abbreviation": "Todd v. McCloy", "decision_date": "1938-10-10", "docket_number": "4-5360", "first_page": "832", "last_page": "834", "citations": [ { "type": "official", "cite": "196 Ark. 832" }, { "type": "parallel", "cite": "120 S.W.2d 160" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "74 N. W. 493", "category": "reporters:state_regional", "reporter": "N.W.", "opinion_index": 0 }, { "cite": "116 Mich. 293", "category": "reporters:state", "reporter": "Mich.", "case_ids": [ 1443219 ], "opinion_index": 0, "case_paths": [ "/mich/116/0293-01" ] } ], "analysis": { "cardinality": 339, "char_count": 4387, "ocr_confidence": 0.515, "pagerank": { "raw": 3.2098668660353656e-07, "percentile": 0.8664072693041177 }, "sha256": "93d72b0023f326648f627f2de798b0e48a77a459a634bd91d12eb29c06af280e", "simhash": "1:298d63e6bca29bf5", "word_count": 694 }, "last_updated": "2023-07-14T16:57:18.765663+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Todd v. McCloy." ], "opinions": [ { "text": "Griffin Smith, C. J.\nThe city of Monticello would issue bonds to defray expenses of certain projects, two of which are matters of concern in this appeal.\nFirst, it is proposed to construct a stadium upon land owned by the city, but lying without the corporate limits. Such land adjoins a city-owned park. Part of the park lies within and part without the corporation.\nSecond, is the city permitted to obligate itself, through .bonds, for the construction of . . . \u201csuitable ornamental standards and electric lighting equipment to provide modern \u2018white way\u2019 electric illumination\u201d . . . for designated streets?\nThe city proposes to procure grants from the Federal government with which to pay part of the cost of the undertakings. It is admitted that the municipal authorities, unless restrained, will hold an election, and that public money will be expended therefor.\nAppellant is a resident, citizen, and qualified elector of Monticello. In his suit he names as. defendants the mayor, recorder, and councilmen of Monticello, and the election commissioners of Drew county.\nAmendment No. 13 to the Constitution of Arkansas permits cities of the first and second class to issue bonds \u201cin sums and for the purposes [approved by a majority of the voters! at such election .... for the purchase, development and improvement of public parks and flying fields located either within or without the corporate limits of such municipality, . .. . and for the purpose of purchasing, extending, improving, enlarging, building, or construction of water works or light plants, and distributing systems thereof.\u201d\nThe chancellor found that the proposed expenditures were not beyond the purview of the amendment. We think he was correct.\nThe term \u201cfor the development and improvement of. public parks\u201d 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 \u201cimprovement\u201d within the meaning of the amendment in question. Nor is validity of the objective impaired because of location of the property. The improvement may be \u201ceither within or without\u201d the corporation\u2019s territorial area.\nThe electric light plant at Monticello is municipally owned. It has been leased, and the generating machinery is not in use. Current is supplied to the distributing system from outside sources. But this is immaterial.\nIn Fisher Electric Company v. Bath Iron Works, 116 Mich. 293, 74 N. W. 493, the court quoted with approval the following\u2019 definition: \u201cAn \u2018electric plant\u2019 includes the steam engines or other prime motors, the generating dynamo or dynamos, the lamps and other electro-receptive devices, and the circuit connected therewith.\u201d\nIn Corpus Juris (44, p. 504, \u00a7 2843) it is said: \u201cIt has been held that poles, wires, posts, lamps, or other fixtures of electric systems and lights themselves constitute a local improvement for which special assessments maybe levied under proper statutory authority.\u201d\nSection 9639 of Pope\u2019s Digest confers upon municipalities the power . . . \u201cto provide for or construct or acquire works for lighting* the streets, alleys, parks, and other public places by gas, electricity, or otherwise.\u201d The section is a part of act 101 of 1923, approved three years before Amendment No. 13 was adopted. Tbe act declares a public policy.\nThe amendment expressly authorizes bonds to be issued for \u201cextending, improving, enlarging, tori building . . . light plants and distributing systems thereof.\u201d\nThe so-called \u201cwhite way\u201d for Monticello is a form of street lighting, and it must necessarily be connected with the distributing system. When so connected it will be an enlargement and an extension, and therefore an improvement.\nFormerly the streets of towns and cities were illuminated from arc lights, but their use was discontinued when incandescent methods were perfected. Can it be said that Amendment No. 13 is too narrow to permit a city to issue bonds for the cost of a change from arc-lighting to a \u201cwhite way\u201d system? Obviously, such argument would not be tenable. No such mechanical or scientific evolution is involved in the instant case, but the analogy is clear.\nThe decree is affirmed.", "type": "majority", "author": "Griffin Smith, C. J." } ], "attorneys": [ "C. T. Sims, for appellant.", "Williamson & Williamson, for appellees." ], "corrections": "", "head_matter": "Todd v. McCloy.\n4-5360\n120 S. W. 2d 160.\nOpinion delivered October 10, 1938.\nC. T. Sims, for appellant.\nWilliamson & Williamson, for appellees." }, "file_name": "0832-01", "first_page_order": 850, "last_page_order": 852 }