The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-08
ROAD Law CONSTITUTIONAL.
Opinion of the Court Written by JUS
tice Walter Clark.

In the case of State VS.. Sharp, from
Durham, the Supreme Court passes up
on the validity of the new road law and
declares it constitutional. The opinion
of the court is written by Justice Clark.
In the course of it. he says:
This act authorizes some counties to
work the roads partly by>taXation and
partly by labor, leaving the other coun-
ties generally to work their roads in the
old method by labor alone. And there
are still others in which the roads are
worked entirely by taxation +" s.
BY section % this mixed system is made
imperative as to certain counties or
townships named. BY section % its
operation in ether counties and town
shils therein specified is made condi-
tional upon the adoption of the provis-
lens of the act by the county commits
sioners; as still other sections contain
notifications of the act as to specified
counties and townships, and section 81
specifies counties exempt from the pro-
visions of the act. This legislation was
to meet the varying phases of public
sentiment in regard to the important
matter of working the public roads. A
method which would be satisfactory in
some counties might, for local reasons
or by reason of difference in public
sentiment, be altogether unadyisable
and unacceptable in others. Being alto
gether a local matter, the Legislature
has endeavored to meet the views Of
each locality. If it made any mistake
as to the wishes of any locality. or there
should be a change of sentiment in any.
any subsequent assembly can amend the
act.
Local legislation of this nature has
been very common in North Carolina
and has always been held to be within
the powers of the Legislature: AS to local
prohibition acts: restricting sale of cot
ton seed i'll certain counties; prohibit
tlons as to cattle running at large; diff
ferences in the methods Of electing
town and city commissioners in the
method of electing county commission
ers; local provisions as to public schools;
local dispensaries for the sale of liquor;
and indeed in this very matter Of the
method of working public roads, and in
many other matters and other cases.
sThe defendants counsel strenuously
insists that the method of working the
public roads by conscription of labor is
unjust in that it falls to the same ex-
tent upo nthe poor man who has not
tent upon the poor man who has not Il
has many, and that indeed if the latter
happens to be above the road age ne
may use the road by an unlimited num-
Der Of vehicles without contributing in
the slightest degree to Keeping that road
in order.
1T is a matter of common knowledge
that the system of working the public
roads BY CONSUMPTION of labor is expen-
sive, waateful and inefficient. 1t perhaps
was suited to a former age when roads |
were little used when labor could be
furnished without Inconvenience by any
men to do the little work
required, and money was a scarce com
modify. Because of its inefficiency
and possibly from a growing conviction
of the essential injustice of the system
and the increasing inequality under
present conditions Of the burdens laid
by working the roads under that sys-
TEN, there has been a steady growth
of legislation beginning with Mecklen-
burg county in which so many progress
sive measures have been started) away
from the old system, and in the drec-
ton of having them worked by taxation.
lie present stage OF public sentiment,
varying in different counties and even
townships, is doubtless fairly represent
ed by the varied provisions of the act
now before us. 1t is in the power of
future Legislatures to extend its pro
visions at their will till the roads shall
3e worked entirely by taxation through
out the State, but hat is a matter which
rests with the legislative department of
the government.
we cannot agree with counsel than
requiring the defendant to work the
roads is a tax and therefore unconsti-
tutional because not levied ad valorem
in proportion TO property 1t is not a
tax at all Within the meaning Of tie
provision which requires
the prescribed equation between poll
and property tax to be observed. lit is
not 4 tax but a duty, like the service upon
a jury, grand jury, special venire, mill
tary service, or Il witness, which duties
formerly We're, and to some extent are
still, required to be rendered to the |
State without compensation. With the |
increased wealth and consequently in
creased use Of roads and need for better |
roads, this duty will become more oner-
Gus and unequal, and here will proba- |
bly be an acceleration in the movement
10 substitute a taxation upon property |
linn Of