legislative privilege in Arkansas

2019On appeal, this court reversed the order denying the motion to dismiss and dismissed the complaint, holding that the purported legislative waiver of the state's sovereign immunity in the AWBA is unconstitutional, pursuant to the holding in Board of Trustees v. Andrews , 2018 Ark. 12 , 535 S.W.3d 616 .

2019On appeal, this court reversed the order denying the motion to dismiss and dismissed the complaint, holding that the purported legislative waiver of the state's sovereign immunity in the AWBA is unconstitutional, pursuant to the holding in Board of Trustees v. Andrews , 2018 Ark. 12 , 535 S.W.3d 616 .

2003Dec. 690 , 362 N.E.2d 3, 6 , (1977) ("[t]he framers of the Illinois Constitution . . . [b]y incorporating the language `except in cases of treason, felony or breach of peace' . . . intended to limit the legislative privilege only to affording protection against arrests of a civil nature" thus a state legislator had no immunity from arrest for speeding violation while returning home from legislative business); Swope v. Commonwealth, 385 S.W.2d 57 (Ky. 1964) ("§ 43 of the [Kentucky] Constitution [granting General Assembly members a privilege from arrest except in cases of treason, felony or brea

2003Dec. 690 , 362 N.E.2d 3, 6 , (1977) ("[t]he framers of the Illinois Constitution . . . [b]y incorporating the language `except in cases of treason, felony or breach of peace' . . . intended to limit the legislative privilege only to affording protection against arrests of a civil nature" thus a state legislator had no immunity from arrest for speeding violation while returning home from legislative business); Swope v. Commonwealth, 385 S.W.2d 57 (Ky. 1964) ("§ 43 of the [Kentucky] Constitution [granting General Assembly members a privilege from arrest except in cases of treason, felony or brea

2003The phrase `treason, felony and breach of the peace' in that section was intended to mean `all crimes'); Howard v. Webb, 570 P.2d 42 , 47 , (Okla. 1977) ("[w]e can only conclude that the majority view, and indeed the view most consistent with the principles of free democratic government, prevailing at the time our State Constitution was adopted, held that privilege from arrest except for `treason, felony, or breach of peace' encompasses only arrest on civil process.

2003Dec. 690 , 362 N.E.2d 3, 6 , (1977) ("[t]he framers of the Illinois Constitution . . . [b]y incorporating the language `except in cases of treason, felony or breach of peace' . . . intended to limit the legislative privilege only to affording protection against arrests of a civil nature" thus a state legislator had no immunity from arrest for speeding violation while returning home from legislative business); Swope v. Commonwealth, 385 S.W.2d 57 (Ky. 1964) ("§ 43 of the [Kentucky] Constitution [granting General Assembly members a privilege from arrest except in cases of treason, felony or brea

2003Dec. 690 , 362 N.E.2d 3, 6 , (1977) ("[t]he framers of the Illinois Constitution . . . [b]y incorporating the language `except in cases of treason, felony or breach of peace' . . . intended to limit the legislative privilege only to affording protection against arrests of a civil nature" thus a state legislator had no immunity from arrest for speeding violation while returning home from legislative business); Swope v. Commonwealth, 385 S.W.2d 57 (Ky. 1964) ("§ 43 of the [Kentucky] Constitution [granting General Assembly members a privilege from arrest except in cases of treason, felony or brea

2003Dec. 690 , 362 N.E.2d 3, 6 , (1977) ("[t]he framers of the Illinois Constitution . . . [b]y incorporating the language `except in cases of treason, felony or breach of peace' . . . intended to limit the legislative privilege only to affording protection against arrests of a civil nature" thus a state legislator had no immunity from arrest for speeding violation while returning home from legislative business); Swope v. Commonwealth, 385 S.W.2d 57 (Ky. 1964) ("§ 43 of the [Kentucky] Constitution [granting General Assembly members a privilege from arrest except in cases of treason, felony or brea

1999Tenney v. Brandhove, 341 U.S. 367 , 71 S.Ct. 783 , 95 L.Ed. 1019 (1951).

1999Tenny v. Brandhove, 341 U.S. 367 (1950).

1945Appellants state the issues to be: (1) Legal authority to construct the clam was lacking. (2) Act 87 of 1909 does not confer the rights claimed by appellee; but, (a) if the right exists, appellee has not brought itself within the legislative requirement. (3) The case of Smith v. Arkansas Irrigation Company, 200 Ark. 1022 , 142 S. W. 2d 509 , has no application. (4) There was a prior dedication of the lands to public use. (5) Appellee has not complied with the provisions of Act 324 of 1935, and therefore it cannot exercise any of the powers granted to a public utility.

1945Appellants state the issues to be: (1) Legal authority to construct the clam was lacking. (2) Act 87 of 1909 does not confer the rights claimed by appellee; but, (a) if the right exists, appellee has not brought itself within the legislative requirement. (3) The case of Smith v. Arkansas Irrigation Company, 200 Ark. 1022 , 142 S. W. 2d 509 , has no application. (4) There was a prior dedication of the lands to public use. (5) Appellee has not complied with the provisions of Act 324 of 1935, and therefore it cannot exercise any of the powers granted to a public utility.