Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-06
The Rond-Lnyv Decision.
ROCKY MOUNT, "a

The Rond-Lnw Decision.
ROCKY MOUNT, VA.
To the Editor OF the Dispatch:
VIII you please publish in the Dispatch
the opinion Of the Court Of Appeals in re-
gard TO the constituti.nal!ty Of the road
law. rendered a year Sr more ago?
The Judge Of this county has. 1t is said
issued an order to the different road sur
yeyors Of the county to proceed to work
as heretofore. and to punish BY fine any
citizen who may fail TO comply with the
summons. This action has provoked the
inquiry as % what extent an inferior
court can disregard the decisions OF a
higher court, and what measures would
better be used in contesting the exercise
OF such doubtful authority. As no one in
this locality has ever seen copy OF the
decision you VIII confer great favor by
publishing II in your columns.
Respectfully T.
We republizh the decision from tie
Southeastern Reporter Of February Il.
80:
PROFIT vs.. ANDERSON, Deputy
Sheriff.
Supreme Court Of Appeals OF Virginia.
February !, 1891
LOUISA COUNTY ROAD LAW-CON-
STITUTIONALITY-CAPI-
TATION TAX.
The road law for Louisa county acts
1912. chapter AZ. page GS0 requiring all
able-bOdied men between 10 ard CO years
old TO work the roads two days in each
year. and comforting authority on the
Overseer Of Roads TO impose fine upon
persons refusing so to work, and TO col
lect it by levy as in case Of taxes. and
providing for the imprisonment Of one so
refusing is void, under Constitution, Ar,i-
Gle 10, section 5, which authorizes the Cen
eral Assembly to assess a capitation tax
not exceeding 81 per annum on every
male citizen over q years old, to be dedi-
Gated TO the public schools. and confers
on counties and corporations the power
TO impose a captation tax, not exceeH-
ing 50 cents. for all purposes. Lewis F..
and Lacy j., dissenting.
William +. Profltt was imprisoned by
order of the County Court for refusing TO
work the roads In Louisa county, as re-
quired by law. lie applied to the SUI
preme Court for writ Of habeas corpus.
and was ordered to be discharged from
custody.
W. Z. BIB. A. X. Leake. and r. r.
Fauntleroy, for petitioner. X. Taylor
Scott. Attorney-General, for respondent
PER CURTAIN The Court IS Of opinion.
for the reasons hereinafter stated. that
the petitioner. William +. Profit, a citi-
zen Of Louisa county. Va, was on the
Sd day Of November unlawfuiiy arrested
and imprisoned I'm the county Jail Of said
county by +. II. Anderson Deputy Sheriff,
for ]. II. Woolfork, Sheriff Of said coun-
". under capias pro fine issued by the
Clerk of said county under and I'm pur
suance Of an order Of the County Court
Of said county. made and entered on the
1T day OF July. 1892 to recover Of said
petitioner the road fire and costs men
toned in said order and capias, and i'm
posed upon him for falling to work on
the public roads in Cuckoo read district,
in said county, when warned thereto, as
required by an act Of the General Assem-
bly, OF Virginia approved on the 10Th day
OF February. 1892. entitled IAN act to
provide for working and keeping in repair
the public roads in the county Of LOUISE"
acts 1912 chapter AL page esq. and
that said petitioner is illegally restrained
Of his liberty.
g The Court "a Of opinion that said act
so far as Il undertakes 70 require that
all able-bo1ed male citizens, between the
ages Of is and Co. I'm each road district
OF said county. shall be compelled 10
work on the roads q period OF time aggre-
eating two days, of ten hours each. in
each year, when warned by the oyerseer
Of the precinct to which they belong.
with certain exceptions, which need not
he here mentioned; and in go far as said
act undertakes 10 confer upon the over
seer Of any such precinct authority 10
impose upon and collect from any per-
son so warned. who shall fan to attend
and work as required by such overseer.
fine Of 81 for such failure, unless good
and sufficient cause be shown. and au-
thorlZing such overseer 10 make out an
account against any party so failing. and
providing that such account shall have the
force and effect OF tax ticket due the
Commonwealth, and comforting upon said
overseer power TO collect such fines by
distress or levy, In the same manner and
upon the same property as In the case
Of distress or levy for taxes, and further
reuuring such overseers TO return a list
of all fines collected and OF the persons
delinquent. etc: and in so far as the said
act provides that 'if the said account is
returned to the Clerks Office as afors
provided. as delinquent, II shall be the
duty OF the said court 10 issue capias
pro fine against the delinquent party. and
place the same in the hands OF the Sheriff
or any Constable OF the county, who
shall proceed to arrest the said party
and place him under the control OF the
Road Commissioner OF his district who
shall see that he works out the amount Of
his fine and costs. allowing him credit
for rs 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 mlsdemeanor; ~ such party refuse
to do the work. he shall be liable to en-
forced labor on the county roads by order
of the County Court, under the general
iaw''-the same. We hold. Is void. because
repugnant to section OF Article 10 OF
the Constitution Of Virginia, which de-
clares: 1.-THE General Assembly may levy
a tax not exceeding 81 per annurn on
every male citizen who has attained the
age Of q years. which shall be applied ex-
clusively In aid Of public free schools:
and counties and corporations shall have
power TO impose a capitation tax, not
exceeding 20 cents per annum. for all
purposes" This provision Of tn. Consti-
tuition effects two purposes: % II author
Tres tho General Assembly 20 assess a
capitation tax. not exceeding 81 per an
mum, on every male citizen who has at
tanned the age OF q years. and expressly
dedicatcs such tax TO the public free
schools. ca II confers directly upon the