Fort v. City of Brinkley

• Citation: 112 S.W. 1084
• Parties: FORT v. CITY OF BRINKLEY.
• Decision Date: 05 October 1908
• Court: Supreme Court of Arkansas

112 S.W. 1084

FORT v. CITY OF BRINKLEY.

Supreme Court of Arkansas.

October 5, 1908.

Appeal from Circuit Court, Monroe County; Eugene Lankford, Judge.

P. W. Fort was convicted of unlawfully selling intoxicating liquors, and from so much of the judgment as revokes his license to practice medicine, he appeals. Reversed.

P. W. Fort was, on the 21st day of October, 1907, tried and fined by T. H. Jackson, mayor of the city of Brinkley, for the unlawful sale of intoxicating liquors known as Fort's Tonic, and, in addition to the fine imposed upon the appellant, revoked his license to practice medicine in the state of Arkansas. Fort appealed from that portion of the judgment revoking his license to practice medicine, and the cause was submitted to the Monroe circuit court sitting as a jury, upon the following agreed statement of facts, to wit: "The defendant, P. W. Fort, at the time of his arrest was a practicing physician in the city of Brinkley, and had been for a long time before. And on the 19th day of October, 1907, the city marshal, R. E. Smith, filed an affidavit in the mayor's court of the city of Brinkley, charging the defendant, P. W. Fort, with selling intoxicating liquors known as Fort's Tonic. And thereupon Mayor T. H. Jackson issued a warrant for the arrest of the said P. W. Fort, upon said affidavit so filed with him by the said R. E. Smith, charging him with the unlawful sale of intoxicating liquors known as Fort's Tonic; and on the 21st day of October, 1907, the defendant was brought into court upon said warrant before the mayor, T. H. Jackson, to answer said charge. The city of Brinkley, being represented by C. F. Greenlee, attorney, announced ready for trial, and the defendant announced ready, and pleaded not guilty to the charges made in said warrant. The case was tried, and the mayor, T. H. Jackson, after hearing the evidence of witnesses and the argument of counsel for the city of Brinkley, found the defendant guilty as charged, and assessed the fine at $100, and all costs of the prosecution, and, in addition to said fine, revoked said defendant's license to practice medicine in the state of Arkansas. The defendant paid his fine and all the costs therein, and appealed from that part of the judgment revoking his license. It is further agreed that the city of Brinkley has no ordinance giving the mayor the right to revoke a physician's license, if he is found guilty of a misdemeanor involving moral turpitude or for any other offense. The question that the circuit court is asked to determine is whether or not the mayor has the right to revoke the defendant's license, and, if he did have the right to revoke his license, if the crime committed by the defendant is one involving moral turpitude in the meaning of the statute." The circuit court sitting as a jury rendered the following judgment upon the foregoing agreed statement of facts, to wit: "Now on this day, this cause coming on to be heard, comes the plaintiff by its attorney, C. F. Greenlee, and comes the defendant by his attorneys, G. Otis Bogle and Thomas & Lee, and both parties announced ready for trial. This cause was submitted to the court upon an agreed statement of facts. It appearing to the court that this is an action to determine if the defendant, P. W. Fort, is guilty of moral turpitude, upon his having been convicted of selling an intoxicant called Fort's Tonic and assessed a fine and revoked his license as a practicing physician, defendant paid said fine, but appealed from the judgment of the mayor's court in the revoking of his license. The court, after...