241 S.W.2d 473 (Ark. 1951), 4667, State v. Bryant

Docket Nº:4667
Citation:241 S.W.2d 473, 219 Ark. 313
Opinion Judge:Robinson, J.
Party Name:State v. Bryant
Attorney:Ike Murry, Attorney General, and Arnold Adams, Assistant Attorney General, for appellant. Leffel Gentry, for appellee.
Judge Panel:Robinson, J. Holt, McFaddin and Ward, JJ., concur. Paul Ward, Justice, concurring. WARD Paul Ward, Justice, concurring.
Case Date:July 09, 1951
Court:Supreme Court of Arkansas
 
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Page 473

241 S.W.2d 473 (Ark. 1951)

219 Ark. 313

State

v.

Bryant

No. 4667

Supreme Court of Arkansas

July 9, 1951

Appeal from Pulaski Circuit Court, First Division; Guy Amsler, Judge.

Affirmed.

Ike Murry, Attorney General, and Arnold Adams, Assistant Attorney General, for appellant.

Leffel Gentry, for appellee.

Robinson, J. Holt, McFaddin and Ward, JJ., concur. Paul Ward, Justice, concurring.

OPINION

Robinson, J.

[219 Ark. 314] Appellee was arrested and charged with a violation of Act 151 of 1951, which requires certain signal devices on trucks of certain dimensions and exempts other trucks from the operation of the Act, although such exempted trucks may come within the named dimensions. The trial court held the Act to be void. The State has appealed. Act 151 of 1951 amends § 75-619, Ark. Stats., and provides:

"The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal device in good mechanical condition of a type approved by the State Highway Commission, provided when a commercial vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by such lamp or device. A vehicle shall be considered as so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body cab or load exceeds 24 inches (on the right outside limit in the case of a right hand drive vehicle), or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds 14 feet, which limit of 14 feet shall apply to single vehicles or combination of vehicles.

"Section 2. The provisions of section 1 hereof shall not apply to haulers of forest products, small farm vehicles, luggage and/or horse trailers drawn by automobiles where the width of the trailer is of the approximate width of the automobile drawing the same."

The constitutionality of the Act is challenged with the assertion that the Act violates Amendment No. 14 to the Constitution of Arkansas prohibiting the passage of special Acts, and section 18 of Article 2 of the Constitution of Arkansas, providing that "the General Assembly [219 Ark. 315] shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens." Also, the Act is challenged on the ground that it is

Page 474

vague, indefinite, and not enforceable in a uniform manner. "The courts require a Statute to be definite and reasonable." 5 Am. Jur. 532.

"A statute making it unlawful to operate an automobile the front lights of which project a light of such glare and brilliancy as seriously to interfere with the sight of, or temporarily blind the vision of, a driver...

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