(DOWNLOAD) "State Game & Fish Comm. v. Hornaday" by Supreme Court of Arkansas " eBook PDF Kindle ePub Free
eBook details
- Title: State Game & Fish Comm. v. Hornaday
- Author : Supreme Court of Arkansas
- Release Date : January 25, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The Game and Fish Commission brought an action in Calhoun Circuit Court to condemn certain lands for use in conservation and propagation of fish. K. G. Hornaday and his wife, Catherine, as owners of some of the land needed for the project, defended on the ground that the primary purpose was not conservation or any of the kindred matters enumerated in Amendment No. 35 to the Constitution. They contended interested persons had purchased a large part of the adjacent lands and planned to organize a private corporation for the purpose of enjoying benefits of the enterprise, to be known as the Tri-County Lake. It was further alleged that Caney Creek - across which it was planned to construct a dam - was too small in its natural state for adequate fishing, and the proposal to impound its waters was impractical from an engineering standpoint; but, in any event, the motivating influence was a selfish desire by a small group to improve the market for land that had been privately purchased with the expectation that the State would invest an appreciable sum in building the lake. More than $10,000, it was alleged, had been raised through private subscriptions to be spent for promotional purposes. Upon the defendants' motion the cause was transferred to Chancery.