Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1894-02-23

erty
2. The Court is of opinion that said act, so
far as it undertakes to require that all able
bodied male citizens between the ages OF 16
and SO years in each road district OF said coun-
ty shall be compelled to work on the roads
period of time aggregatng two days OF ten
hours each in each year when warned by the
overseer Of the precinct to which they belong.
with certain exceptions which need not be
here mentioned, and in Sc far as said act un
dertakes 10 confer upon the overseer of any
such precinct authority TO impose upon and
collect from any person SO warned who shall
fail to attend and work, as required by such
oyerseer, fine of 81 for such failure, unless
good and sufficient causes be shown, and au-
thorizng such overseer to make out an
account against any party so falling, and
providing that such account shall have the
force and effect of tax ticket due the Com
| monWealth, and conferring upon said over
seer power to collect such fines by distress or
levy in the same manner and upon the same
property as iii the case of distress OF levy for
taxes, ana ful tier requiring sucn oyerseer to
return list of all fines collected and of the
persons delinquent, ETC.; and in so far as the
said act provides that ''ii the said account is
returned to the Clerks Office AS afore provid
ed as delinquent, it shall be the duty of the
laid Court to issue capias protine against
tie delinquent party, and place the same in
the hands of the Sheriff OF any constable OF
the county, who shall proceed to arrest the
said party and place him under the control Of
the Road Commissioners of his district, who
shall see that he works out the amount of his
fine and costs, allowing him credit for 70 cents
per day for each day OF ten hours employed
and the costs shall be the same as allowed by
law on an Indictment for misdemeanor, if
such party refuses to do tine work he shall be
liable to enforced labor OH the county roads
by order of the County Court under the gen.
eral laws, the same, we hold, is void because
repugnant to Sec Of Article 10 of the Con-
stitution of Virginia. which declares
'The General Assembly may levy tax not
exceeding 81 per annum on every male citizen
who has attained the age of q years, which
shall be applied exclusively in aid of public
free schools, and counties and corporations
shall have power to impose capitation tax
not exceeding so cents per annum for all pur-
poses
This provision of the Constitution effects two
purposes: l. 1t authorizes the General Assem-
bly, to lay capitation tax not exceeding 81
per annum Oh every male citizen who has at
tanned the age of p years, and expressly dedi-
Gates such tax to- the public free schools. g.
1t confers directly upon the counties and cor
parations the power to imposes capitation tax
not exceeding 80 cents for all purposes. The
provision in respect to counties is not subject
to the will of the Legislature in any respect,
but confers the powers directly upon the
counties respectively. The question is does
the act in question impose a capitation tax in
the form Of road service? This question can
only receive AN affirmative answer. 1t is I'M
deniably true that taxes may be levied in
money, in service, or in kind, and whether in
the one form or another, it is none the less a
tax. Taxation exacts money or service from
individuals, and for their respective shares of
contribution to any public burthen. Mr..
Justice Kuggles in The People VS.. Mayor, etc.,
of Brooklyn, 4 Com. IN. Y } 419.
In the present case the burden imposed is in
form and substance per capita reQuisition
for road service, and cannot upon principle
be distinguished from the ordinary capitation
tdA. LII othCl WOlOo, IL 10 d Cd pildulOu IDA,
and nothing else, and being in excess of the
capitation tax prescribed by the said fifth sec
ton OF Article 10 of the Constitution of Vir-
ginia, the provisions of the act aforesaid inn
posing the same are unconstitutional and void.
But the Court is, at the same time, of opinion
that the validity Of the 9th, Sth and 9th sec
tions only OF the act in question are here in
volved, and the Judgment now. to be rendered
is confined to those sections and none others.
For these reasons, and others to be stated
in writing and filed with the record, it is con-
sidered by the Court that said sections 6, aud
of he act aforesaid are repugnant to said
section of Article 10 of the Constitution of
Virginia, and therefore void; and that the
petitioner is illegally restrained Of his liber-
ty. 1t is, therefore, ordered that the petit
toner. William f. Profit, be discharged from
custody.
A PROPOSED STATE ROAD LAW.
The following are the provisions Of the gen
eral State road law that was prepared by the
Virginia Association Of Engineers, and has
been introduced in the House of Delegates
The bill provides for the appointment of
State engineer by the Governor within thirty
UuJS dlts,l tut paSSISC VI lIlc VIII. lHG kJCatC
engineer shall give a bond of $4,000, have an
Office in the State House, OF elsewhere in Rich
mond. He shall compile statistics, prepare
maps of roads and bridges in various counties.
He shall appoint an assistant engineer, a
draughtsman and a clerk, and he shall have
power to appoint. with the approval of the
Governor, three district engineers. The State
engineer shall make an annual report to the
Governor, which is TO be submitted to the
Legislature, giving the details of the work
done by the department. The State is to be
divided in three districts.
The district engineers shall be provided
with suitable Offices in their districts They
shall have charge of all State engineering in
their districts under the supervision of the
State engineer. The district engineers shall
have power to appoint draughtsmen and other
assistants necessary. The State engineer may
be removed by the Governor fer cause; the
district engineer by the State engineer, with
,IIe approval OF the Governor, and county en-
yneers by district engineers. with the appro-
val of the State engineer.
AS soon as possible after the passage of the
bill the state engineer shall call meeting Of
The supervisors OF tie various counties, who
shall within thirty days meet at their county
.eats to act with any engineer designated by
he State engineer for the purpose of classify
ing Ill roads in the county net within nunic-
pal limits. Reports of this work, together
with recommendations, shall be forwarded to
the State enginaer. Annual meetings Of the
various boards Of supervisors shall be held in
March 10 lay out ali new. work.
The salary OF the STATE engineer shall be