74 First Annual Report 



"This case was important because it was the first time that it was sought 

 to exterminate the bees from the suburbs of a city, by declaring them a 

 nuisance by ordinance. If allowed to stand it would be a precedent to be 

 followed wherever a beekeeper was obnoxious to the ruling majority; his 

 rights would be ignored, and the bees condemned by ignorant and preju- 

 diced persons for selfish motives. 



"The National Bee-Keepers' Union, therefore, concluded to carry the 

 case to the Circuit Court, for it would be very detrimental to the pursuit to 

 allow an ordinance against bee-keeping to remain uncontested, and to be 

 quoted as a precedent against the keeping of bees, because it had been de- 

 clared 'a nuisance' by a city council in Arkansas. 



"By the enforcement of that unlawful ordinance of the city Mr. Clark 

 was deprived of his liberty, and the constitutional rights guaranteed to every 

 citizen in the United States . 



"Even granting that it was wrong in Mr. Clark not to obey the city 

 autorities he should have had a speedy trial by an impartial jury — all of 

 which had been denied him. Even when released under a writ of habeas 

 corpus, he was, within three hours, re-arrested and fined. 



"After demanding a change of venue, because of the prejudice of the 

 mayor, that functionary again fined him, denying him his constitutional 

 rights. 



IN THE CIRCUIT COURT. 



"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 Mr. Clark, 'because the ordinance 

 of the City of Arkadelphia, on which the prosecution is founded is void and 

 in violation of law.' 



"Then Judges. W. Williams read section after section of law; in Mr. 

 Clark's favor, showing that a man's right to hold propert> is paramount to 

 all legislative power; and any attempt to take away such right is unconsti- 

 tutional . 



"After which Judge Hearn stated to the attorneys 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 de- 

 cided 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 then gave notice of his appeal to the Supreme Court. 

 "The appeal to the Supreme Court was heard on June 22, 1889. 



