The log cabin Democrat., 1908-12-08
DECISION INTERESTS CONWAY
Supreme Court Kills Little Rock
 Scavenger Franchise.


 Decision Believed Not to Invalidate Similar
 Ordinance in Conway, Expir-
 ing Dec. Io.
 In a decision ot great interest to Conway for the reason that an or dinance in many respects similar is in force here, the supreme court yesterday declared that the scaven- ger franchise ordinance of Little Rock was invalid. The decision, however, will not, it is thought, invalidate the Conway franchise, which in any event, expires on Dec. I9.
 The city council has already been preparing to take some action with reference to the removal of garbage in this city, and this is expected to be the most important business to come before the coun- cil at its meeting tonight. The de- cision of the supreme court makes clear the power of the city in the respect, the only feature invalidat- ing the Little Rock ordinance being the fact that it was used to raise revenue for the city.
 In connection with the courts decision and the fact that the ex- piring franchise in this city will require action by the city council, City Attorney R. w. Robins will tonight present the following writ ten opinion to the council
 ITO the city council of the city of
 Conway:
 "The supreme court of Arkan- sas on yesterday handed down decision in the case of Dreyfus vs. Boone, in which, according to the newspaper version of the opinion, the court held that while a city council has the power to pass and enforce scavenger ordinance sim liar to the one in force in Conway, and to let out to some person the privilege of performing this scaven- ger work, yet it holds that the city cannot convert it's power to have this work done into a revenue raising scheme, and held that Dreyfus should be enjoined from operating under his franchise on that ground. In that case it seems that the city council had let out this franchise to Dreyfus for the sum of S3ooo per year, or perhaps more, and the court held that this showed on the face of it that it was not legitimate exercise of the po- lice power but was method used by the city council to gain revenue. In other words, if the newspaper version of the opinion is correct, the court held that the objection to the franchise granted to MT. Dreyfus by the city council of Lit tie Rock was not because it infring ed the liberty of the individual in permitting no one but the scaven- ger to do this scavenger work, and not because it granted monopoly to the owner of the franchise, but because the fact that it was sold to Dreyfus for S3ooo per year showed that it was an attempt on the part of the council to raise revenue in an unauthorized manner.
 "Now, my recollection Is that the franchise for this scavenger work which was granted to MT. Archer by the city council of Con- way was granted in consideration of $Ioo paid by MT. Archer. lam of the opinion that inasmuch as the amount paid by MT. Archer was so small his franchise would probably be sustained under the decision of the court in the above mentioned case, but inasmuch as this franchise granted to MT. Archer has nearly if not quite expired, I would sug gest that the council in granting new franchise if 1t sees fit to dc so-so arrange the same as to con- form without any question to the decision of the supreme court in this case.
 Ut would seem best, under this decision, for the city not to charge anything whatever for this fran chise, but in fixing the rates to be charged by the scavenger this could be borne in mind, and by reducing the rates sufficiently the same purpose would be served in an indirect way-the individual citizens, instead of the city treas ury, receiving the benefit.
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