Page:Bates v. City of Little Rock (229 Ark. 819).pdf/2

 Rh Appeal from Pulaski Circuit Court, First Division; William J. Kirby, Judge; affirmed.

George Howard, Jr. of Pine Bluff, Ark. and Robert L. Carter, New York, N.Y., for appellant.

Reed Thompson, for appellee.

ED. F. MCFADDIN, Associate Justice. The issue on these appeals is the constitutionality of the so-called "Bennett Ordinance", which was enacted by the City of Little Rock, and also by the City of North Little Rock. Appellant Bates was fined $25.00 for violation of the Little Rock ordinance; and appellant Williams was fined $25.00 for violation of the North Little Rock ordinance. There were separate appeals; but the cases are disposed of in this single opinion since constitutionality is the point at issue in each case, and the claims and defenses of each appellant are the same.

On October 14, 1957, the City of Little Rock adopted its Ordinance No. 10638 (here under attack), reading in its entirety as follows:

"An Ordinance Requiring Certain Organizations Functioning or Operating Within the City of Little Rock, Arkansas to List Certain Information with the City Clerk: And For Other Purposes.

"Whereas, it has been found and determined that certain organizations within the City of Little Rock, Arkansas, have been claiming immunity from the terms of Ordinance No. 7444, as amended, governing the payment of occupation licenses levied for the privilege of doing business within the city, upon the premise that such organizations are benevolent, charitable, mutual benefit, fraternal, or non-profit, and

"Whereas, many such organizations claiming the occupation license exemption are mere subterfuges for