From Casetext: Smarter Legal Research

Dyer Supply Co. v. State

Supreme Court of Arkansas
Jan 14, 1974
502 S.W.2d 496 (Ark. 1974)

Opinion

No. CR 73-90.

Opinion delivered December 3, 1973 [Rehearing denied January 14, 1974.]

1. APPEAL ERROR — FAILURE TO URGE CONTENTIONS — REVIEW. — On appeal, the appellant waives any contention that is not argued. 2. STATUTES — SUNDAY CLOSING LAW — VALIDITY — The Sunday closing law is not on its face arbitrary where enumerated prohibitions avoid such necessaries as food and drugs. 3. CONSTITUTIONAL LAW — SUNDAY CLOSING LAWS — ARBITRARY CLASSIFICATION. — Where it could not be said the legislative classification could not be sustained upon any conceivable state of facts, appellant's attack upon Sunday Closing Laws must fail for want of proof that arbitrary classification is involved.

Appeal from Mississippi Circuit Court, Chickasawba District, Charles Light, Judge; affirmed.

Kent J. Rubens and Oscar Fendler, for appellant.

Jim Guy Tucker, Atty. Gen., by: James W. Atkins, Asst. Atty. Gen., for appellee.


The appellant, the operator of a discount store near Blytheville, was fined $50 for having sold certain articles on Sunday in violation of our Sunday closing laws. Ark. Stat. Ann. 41-3812 et seq. (Supp. 1971). The only issue raised on appeal is the constitutionality of the statutes.

Such statutes have been sustained so frequently by this court and by the Supreme Court of the United States that an extended discussion is unnecessary. In fact, the appellant concedes that most of its available contentions have already been rejected and are therefore not reargued. Under our practice the appellant waives any contention that is not argued. Sarkco, Inc. v. Edwards, 252 Ark. 1082, 482 S.W.2d 623 (1972).

The trial in the court below was perfunctory, the parties merely stipulating to facts showing that the defendant had sold articles on Sunday in violation of the statutes. It is now insisted that our Sunday closing laws are not sufficiently comprehensive to achieve the legislative purpose of creating a uniform day of rest. That argument was rejected in Two Guys From Harrison — Allenton v. McGinley, 366 U.S. 582 (1961), where the court held in substance that the legislature might confine its explicit prohibition to those businesses that' were "particularly disrupting the intended atmosphere" of the day of rest. In the same vein it is argued that our statutes are arbitrary and discriminatory in permitting the sale of some commodities while prohibiting the sale of others. On its face the act is not arbitrary. For instance, the enumerated prohibitions avoid such necessaries as food and drugs. Since we cannot say that the legislative classification could not be sustained upon any conceivable state of facts, the appellant's attack upon the statute must fail for want of proof that arbitrary classification is involved. Green Star Supermarket v. Stacy, 242 Ark. 54, 411 S.W.2d 871 (1967); Taylor v. City of Pine Bluff, 226 Ark. 309, 289 S.W.2d 679 (1956); cert. den. 352 U.S. 894 (1956).

Affirmed.


Summaries of

Dyer Supply Co. v. State

Supreme Court of Arkansas
Jan 14, 1974
502 S.W.2d 496 (Ark. 1974)
Case details for

Dyer Supply Co. v. State

Case Details

Full title:BILL DYER SUPPLY COMPANY, Inc. v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jan 14, 1974

Citations

502 S.W.2d 496 (Ark. 1974)
502 S.W.2d 496

Citing Cases

Zayre Corp. v. Attorney General

C.P. New Britain 1976); as had one in Vermont, Vermont v. Ludlow Supermarket, Inc., No. 1085-75 (Dist. Ct.…

Handy Dan Imp. Center, Inc. v. Adams

Act 135 does not satisfy the basic principle that no man shall be held criminally responsible for conduct…