Page:City of Little Rock v. Reinman-Wolfort Automobile Livery Co.pdf/5

178 it for a certain locality where other legitimate business is carried on, is to deprive appellees of their constitutional rights. 195 U.S. 223; 118 U.S. 356; 31 Fed. 680; 13 Fed. 229; 82 Fed. 623; 10 Wall. 497; 79 Ill. 26, 39; 46 Ia. 66; 26 Fed. 611; 127 S.W. 860.

The power to regulate does not include partial prohibition. 107 Mo. 1, 24-26; 34 Pac. 902; 47 L.R.A. 652–656; 85 Ark. 511; 83 Ark. 355.

4. The city having allowed the business to be established and maintained for many years at a great expense, is estopped to prohibit it. 92 Ark. 546; 5 Ga. 315; 79 Ill. 26, 39; 73 N.E. 1035; 214 Ill. 628, 642.

5. As to the matter of jurisdiction, see 88 Ark. 358; 35 Ark. 352; Martin's Decisions, 386, 402-3, 404-5; 223 U.S. 605, 620, 621; 195 U.S. 223, 241; 209 U.S. 145; 2 McQuillan, § 805; 4 Dillon, Mun. Corp. § 1573; 2 Id. § 612, note 1; 74 Ark. 421; 34 Ark. 603, 609; 15 L.R.A. 604, and cases cited. 

 KIRBY, J. This suit challenges the validity of the following ordinance of the city of Little Rock:

"Whereas, the conducting of a livery stable business within certain parts of the city of Little Rock, Arkansas, is detrimental to the health, interest and prosperity of the city of Little Rock; therefore

"Be it ordained by the city council of the city of Little Rock:

"Section 1. That it shall be unlawful for any person, firm or corporation to conduct or carry on a livery stable business within the following area, to wit: Beginning at the intersection of Center street and Markham street, thence east on Markham street to Main street, thence south on Main street to Fifth street, thence west on Fifth street to Center street, thence north on Center street to Markham street, the place of beginning.

"Section 2. Any person, firm or corporation violating any of the provisions of this ordinance shall be