The times. [volume] (Richmond, Va.) 1890-1903, 1894-02-03
The GENERAL LAW VOID.
JUDGE RfCRAKDS0s. or THE ST.
IRENE C0UEJ. ON ROAD Law.
He Holds That the Present PROVISIONS arc
Re,usuapt 10 the Conssifution--The
Court Adjourned for the Term

Tne Supreme Court Of Appeals Yesterday
adjourned for the term. having been IN
session nearly two months. The spring
term viii begin March 5th, and many
cases or Importance will come up dur
Ing the same.
The session OF the court just closed has
been one OF interest both 10 the legal
fraternity and the public. Perhaps the
most important case 90 the people OF Nir-
kinia was that decided ON Thursday, styled
William 4. Profit against i. II. Ander-
con. deputy sheriff. etc, an account OF
which was published In yesterday $ issue
OF this paper. In this case an order pre-
pared by Judge Richardson was entered
the effect OF which. as printed yesterday,
L. 10 practically declare unconsttu-
tionai so much of the present road law OF
Virginia as ~ set forth in the order as
follows, viz: such as provides for work
ing and keeping In repair the public roads
tn the county OF Louisa. and requires thas
oil able-bodied male citizens between the
ngcs OF sixteen and sixty In each roan
district of said county shall be compeheo
20 work on the roads a period OF time az
crcgating two days, etc. and aaid act
undertakes 10 confer upon the oVerscef
OF any such precinct authority TO impose
upon aud collect from any person 80 wsuh-
ed VINO shall fail 60 attend and work as |
REQUIRED by such oversecr, line OF ~ |
for such failure unless good ana su'hcleht |
cause be shown, and authorizing such |
Cvcrsccr 10 make out an account against |
any party go failing. and providing thai
such account shall have the force ana |
effect Of tax ticket due the Common |
wealth, and comforting upon said ovcrsecr |
power 10 collect such fines by distress or |
levy. etc. aud further requiring such |
oycrseer 60 return "a list of all fines coll
ycctcd and of the persons delinquent. ana |
providing that. " the said account Is re-
turned to the clerks Office AZ aforc pre-
vided as delinquent Il shall be the duty |
OF the said court tO issue capias proiine
against the delinquent party and place the
came IN the hands Of the sheriff, or any |
constable of tho county, who shall pro-
coed TO arrest the said party and place
him under the control of the road com
missioner of his district. who shall see
that he work out the amount Of his iinc
and costs. allowing him credit for - cents
per day for each day of ten hours employ
ed. and the costs shall be- the same rs
ellowed by law on an Indictment for mis-
dcmeanOr. II such party refuse 10 do the
work, he shall be liable to enforced labor
on the county roads by order Of the Couu-
" Court, under the general law"
The General Law Void.
This refusal was made by Profit. and
the Supreme Court holds that the general
law referred 10 is void. because il Ii re-
,ugnant TO section . Of Article 10 Of the
Constitution OF Virginia. which declares
that the General Assembly may levy tax
Of 81 per annum on every male citizen
who has attained the age Of twenty-one.
to be applied exclusively to the aid of pub
lions shall have power 10 impose cor
Doration tax not exceeding 80 cents a year
Tor all purposes.
The order sets forth clearly that the pro-
'ision in reference 10 counties is not sub
cct TO the Legislature i'm any respect
fhe power is conferred directly upon the
ounties to impose the capitation tax not
Needing 80 cents. Tho question then.
Is tho Court saw II. was whether the act
eferred to imposed a capitation tax in
he form of road service. This tribunal
vas decidedly of the opinion that il did.
nd goes on 10 say i'm its order that IL is
ndcniably true that taxes may be levied
"A money or service. and, whether i'm one
orm or another, it is none the less a tax.
The Court holds that in the present case
he burden imposed was IN the form of a
Ter capita requisiiion for road service. and
ould not upon principle be distinguished
rom the ordinary capitation tax. In other
lords, II IS q captatiOn tax. and nothing
'ss, and being Ina excess of the capitatioD
iN provided by the Constitution, the act
rs therefore declared unconstitutional
ld void. The Court was OF the opinion
lat the only sections Of The act called
TO question were those referred 10, and
at it's Judgment was confined only TO
ose sections. Ii ordered that William
Profit be released from custody.
The laws OF the counties vary in respect
the number Of days those liable are re-
Tired 10 work the roads, and the amount
fines imposed I'm case of failure TO do
, but the amount of the fines in the
'unties exceed the amount of the capita
pm tax as prescribed.
Other Cases.
Lee and others against Law. From the
ircuit Court of Bath county. Reversed;
idge Fauntleroy delivering opinion.
BENTON against Russell, Sheriff krise
sainst Clark &c; Western Assurance
ompany against Thomas. survivor;
eorgia Home Insurance Company against
'homas, survivor and Morotock In
france Company against Thomas, sur
vor Causes put on privileged docket
smith against Lynn. superintendent of
he Virginia pcnitcntiary. Writ Of habeas
'rpus awarded, returnable fifth of March.
%.
Richmond and Mecklenburg Railroad
ompany againsa Humphreys. Petition 10
hear denied.