8o First Annual Report 



"It is misleading to follow English decisions, because in that country 

 municipal power rests often upon proscription, a source not recognized here. 

 Horr & Bemiss, Sec. 123. 



"We do not dispute that if there was express power given to enact an 

 ordinance of a certain kind, ii constitutional, the discretion or propriety of 

 enacting it, is left to the judgment of the council, and its decision is final. 

 Horr & Bemiss, Sec. 128. But here is no 'express power' given by law to 

 forbid bees; but merely a general power to prevent 'annoyance,' 'mjury,' 

 etc. Whether an ordinance is within the terms of the power, and is reason- 

 able, the courts must determine, and have determined in this State and 

 elsewhere, again and again. 



"So much for the contention of counsel— that the action of the city 

 council was final; invoking a correct principle applied to a wrong state of 

 facts. I say to them, show your express power to prohibit keeping bees, or 

 any other animal or insect, for fear somebody may get hurt, and I will sur- 

 render the case, and even waive the constitutional question. There is no 

 such express power given; that is the full extent to which the decisions go. 

 If a power is expressly given by the Legislature, within the Constitution, the 

 decision of the council, that the power should be exercised by ordinance, is 

 final. Yet this is invoked to bolster up this sweeping anti-bee ordinance; 

 about as much akin to the question as a Choctaw treaty to a Psalm of David. 



"You cannot stable bees like a horse, but the Court must judicially 

 know to do that would destroy their value as property, and the Court will 

 judiciously know that unless the owners of houses, groceries, etc., are care- 

 less in leaving attractions for them they will not annoy them; and if they do 

 so attract them by carelessness, they cannot complain. The bee, even with 

 these attractions, prefers to pasture among forests, fields, and amidst 

 flowers; so much so that its habits are crystalized in song, and made subject 

 of poetic simile. 



"If the people of Arkadelphia will keep the sugar and molasses barrels 

 closed, and the grocers will keep their premises clean, no bee of Clark's will 

 visit them; and from the well known habits of the housewives of Arkadelphia 

 in perfect order and cleanliness, having no superiors — no bee visits a private 

 house there; and hurting young fruit and the like, as suggested in the ordin- 

 ance, raises a suspicion that here is a pretext, and behind the ordinance is a 

 concealed motive. Was it that Clark was making too much out of honey 

 and bees? or was he competing too sharply with somebody?- 



"The power given cities must harmonize with constitutional property 

 rights, and must be reasonable and lawful, and not contravene common 

 right. Dillon on Mun. Corp., Sec. 258, 259. And 'wherever an ordinance 

 seeks to alter a well settled and fundamental principle of the common law,' 

 or to establish a rule interfering with the rights of individuals, or the public, 

 the power to do so must come from plain Legislative enactment. Taylor vs. 

 Griswold, 2 Green, N. J. 222. Dillon on Municipal Corp., Sec. 55 and note. 



