Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1894-02-09
The BEAD Law Unconstitutional.

AND so PRONOUNCED BY THE sUPKEMl
COURT OF APPEALS.
The Supreme Court Of Appeals in session
at Richmond on Friday last, pronounced
the present road law unconstitutional in az
much as to pass law to compel a man tt
pay seventy-lye cents Il day for each OF th'
three days he refuses to work Oh the roads
OF send a substitute, is in violation of that
clause Of the Constitution imposing Il CAPT
tation tax not exceeding fifty cents Oh
every male citizen. Judge Richardson de
livered the opinion.
The case was from Louisa county where
VIM E. Proffitt refused to work on the
roads as prescribed by law, and was arres
tel and fined s. by a justice Of the peace.
He refused to pay the line, and was accord
ingly arrested and placed ill custody. lie
appealed to the County Court OF Louisa
which decided that the fine was legal. and
ordered that it be paid, OF that Profit be
required to work the fine and costs out at
the rate of IS cents per day. lie then pc
titioned the Court OF Appeals for writ OF
habeas corpus 10 be released from custody
npon the ground that the law was unconsti-
tutional. The Court OF Appeale granted
the writ OF habeas corpus. This decision
practically annuls the present road law of
the State of Virginia, which requires that
every citizen shall work three days in each
year upon the public roads, or employ some
one in his stead. The action of the Court
of Appeals therefore makes it necessary for
the present road laws to be revised.
The decision in the Proitt case only
calls in question the Louisa county road
law, but as nearly all, If not all, have the
zane law regarding the working of roads
or the pay ment of /; fine for failing to work,
the effect of the decision extends ali over
the State The decision Of the court holds
that the road tax is unconstitutional be-
cause it is repugnant to section IS OF Arti-
Gle 10 OF the Constitution Of Virginia.
which declares
The General Assembly may levy a tax
of 81 per annum Oh every male citizen who
has attained the age OF 81, to be applied ex-
clusiyely to the aid OF public schools; and
that counties ard corporations shall have
power to impose a capitatlon tax not eX-
ceeding 50 cents year, for all purposes. II
The order sets forth clearly that the pro-
vision in reference to counties is not sub
ject 10 the Legislature in any respect, as
the power is conferred directly upon the
counties to impose q capiIation tax, not to
exceed so cents per annum. The question
referred to imposed q capitation tax in the
form Of service, and this tribunal was de-
cidedly of the opinion that it did.
The opinion goes Oh to state that it is !
money OF service. and whether in one form
OF another it is Zone the less q tax.
The court in its decision attempts to deal
entirely with the sections OF the Code re-
ferrcd to, but it is plain that any act reluir
ing capitation tax Of more than so cents
4 year is unconstitutional.
In the House Of Delegates, Oh Saturday,
Mr.. Richardson of Louisa, offered the fol
owing, which was referred: ;
Resoloed, by the House (the Senate concur
:ing) that a committee, consisting OF three on
he part of the House and two Oh the part Of
he Senate, be and they are hereby appointed
% inquire into the general subject of public
Dads and to report what legislation should
De adopted i'll order to secure good roads in
he Commonwealth. The committee is au-
horized to make all proper investigation and
end for persons and papers. The said COM
nittee may sitduring the recess of the General
Assembly, but the members shall receive no
for their services except their
lctual personal expenses.