Page:Bee-keeping not a nuisance ... History of the lawsuit entitled Z. A. Clark vs. the city of Arkadelphia, Arkansas, and defended by the "National bee-keepers' union." (IA beekeepingnotnu00nati).pdf/2

2 The Circuit Court convened in July, 1888, and the Hon. Sam. W. Williams, of Little Rock, was added to the attorneys for the Union. Our attorneys, Judges S. W. Williams, Witherspoon, Murray and McMillan, made a motion to dismiss the case against Z. A. Clark, because the ordinance of the city of Arkadelphia, on which the prosecution was founded, is void and in violation of law.

Then Judge S. W. Williams read section after section of law, in Z. A. Clark’s favor, showing that a man’s right to hold property is paramount to all Legislative power; and any attempt to take away such right is unconstitutional.

After which, Judge Hearn stated that he had lived a long time in Arkadelphia, and that bees had been kept there all the time, and that he had not heard any complaint until this case came up. He added that the case would go to the Supreme Court, no matter in which way it was decided in his Court, and he wanted to be found on the right side when decided in the Supreme Court.

He then sustained the motion of the attorneys for the Union, to dismiss the case, and he declared the ordinance of the city “illegal and void!” The city attorney gave notice of appeal to the Supreme Court, which was heard on June 22, 1889.

Messrs. Crawford & Crawford, attorneys for the city, argued in favor of the validity of the ordinance. Their argument may be summed up thus: