Arkansas Supreme Court; William Fosgate Kirby

“ While a livery stable in a populous community is not per se a public nuisance, it may become such and hence it has long been recognized as a subject necessarily within reasonable police regulations. Power to regulate livery stables and sales stables includes the power to limit them to certain localities and provide for their cleanliness so that they may not become injurious to health. ”

“ It is almost impossible in some matters to foresee and provide for every imaginable and exceptional case and the Legislature ought not to be required to do so at the risk of having its legislation declared void, although appropriate and proper upon the general subject upon which such legislation is to act, so long as there is no substantial and fair ground to say that the statute makes an unreasonable and unfounded general classification and thereby denies to any person the equal protection of the laws. ”

“ To regulate is to govern by or subject to certain rules or restrictions. It implies a power of restriction and restraint certainly within reasonable limits as to the manner of conducting a specific business and also as to the building or erection in or upon which the business is to be conducted. By virtue of the power to regulate, it has been held that the city council may by ordinance prohibit the carrying on of a business within certain specified portions of the city. ”