Lum Jung Luke and E. M. Allen v. C. E. Yingling and H. W. Applegate

Lum Jung Luke and E. M. Allen
vs.   5843
C. E. Yingling and H. W. Applegate

Decree

This cause being submitted to the court in term time and taken under advisement, the plaintiffs, Lum Jung Luke and E. M. Allen, being represented by their attorneys Brew & Cracraft, and the defendant, C. E. Yingling as prosecuting attorney for the First Judicial District, and H. W. Applegate, attorney general from the State of Arkansas, being represented by their attorney, A. W. Taylor, the same is heard upon the complaint of the plaintiffs and demurrer of the defendants thereto, and the court being well and sufficiently advised in the premises, and it appearing that Act 249 of the General Assembly of Arkansas for the year 1925, is unconstitutional and void, the court doth overrule the demurrer, to which action of the court the defendants duly excepted and asked that their exception be noted of record, which was accordingly done.

And the defendants having failed and refused to plead further and having elected to stand demurrer, it is hereby ordered and adjudged that the defendants, C. E. Yingling as prosecuting attorney for the First Judicial District of Arkansas, and H. W. Applegate as attorney general for the State of Arkansas, be perpetually enjoined from the enforcement of Act 249 of the General Assembly of Arkansas for the year 1925, as against these plaintiffs, to which action of the court the defendants duly excepted and asked that their exception be noted of record, which is accordingly done, and the defendants having prayed appeal to the Supreme Court of Arkansas, the same is hereby granted.

Rendered in vacation this 4th., day of December, 1926.

A. L. Hutchins, Chancellor