Incorporated Town of Pocahontas v. State, Use of Randolph County
| Decision Date | 12 October 1914 |
| Docket Number | 164 |
| Citation | 170 S.W. 89,114 Ark. 448 |
| Parties | INCORPORATED TOWN OF POCAHONTAS v. STATE, USE OF RANDOLPH COUNTY |
| Court | Arkansas Supreme Court |
Appeal from Randolph Circuit Court; John W. Meeks, Judge; reversed.
STATEMENT BY THE COURT.
This is a suit by the State for use of Randolph County against the town of Pocahontas for fines and penalties imposed by the mayor's court and collected and paid into the town treasury, the county claiming that the fines and penalties were imposed for violations of the State laws and required to be paid into the county treasury.
The testimony of the mayor was to the effect that all the fines and penalties in controversy had been imposed by the mayor's court for the violations of town ordinances making the same acts offenses against the town as were made offenses against the State by the statute. The marshal likewise testified that the fines collected were assessed for violations of the town ordinances and not by the mayor in his capacity of justice of the peace for violations of State laws. The only evidence contrary to their testimony was an official transcript purporting to show the fines assessed by the mayor, which reports the case styled, "The State of Arkansas v. , the various defendants, naming them, and the mayor in explanation of this testified that the cases were styled on the city docket, "The Incorporated Town of Pocahontas v. ," the defendants," and that when the clerk handed him the blank for the making of the transcript in the column left for the style of the cases were the words "The State of Arkansas v. ," and he overlooked this fact and merely wrote in the names of the defendants in the different blanks left therefor, taking the cases from his city docket. The appellant offered to introduce in evidence its ordinance making drunkenness a misdemeanor but the court refused to allow it done, over its objection. Appellant asked the court to instruct the jury that if they should find from the testimony that the fines were imposed by the mayor of the town of Pocahontas, acting as such and not as justice of the peace, their verdict should be for the defendants, and also that if they should find that the mayor imposed the fines in question under or by authority of the ordinances of the town of Pocahontas, or any of them, they should find in favor of the defendant, both of which instructions were refused and the court directed a verdict for the plaintiff and from the judgment thereon the town appealed.
Judgment reversed and cause remanded.
T. W Campbell, for appellant.
The evidence conclusively shows that all of the fines involved in this suit were imposed by the mayor's court for violations of town ordinances. The fines were payable into the town treasury. Kirby's Dig., §§ 7183, 5465.
S. A. D. Eaton, for appellee.
Where an offender has been convicted in a mayor's court for the violation of a void ordinance, or where there was no ordinance covering the offense, and the offense charged is a violation of a State law, the presumption is that the mayor acted in his capacity as justice of the peace. 68 Ark. 244; 88 Ark. 211; 86 Ark. 442; 92 Ark. 483; 94 Ark. 178; 107 Ark. 99. In such case the fines are payable into the county treasury. 56 Ark. 133; Id. 137.
The appellant contends that without regard to the testimony, it is entitled under the law to all the fines and penalties imposed by the mayor's court, whether for violations of the ordinances of the town or State laws of which it had jurisdiction. Sections 5465 and 7183 Kirby's Digest provide:
"All fines, penalties and forfeitures imposed by any court or board of officers whatsoever, except those imposed by mayor's or police courts in any city or town, shall be paid into the county treasury for county purposes." Kirby's Digest, section 7183.
"All fines and penalties...
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