Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-07-07
COURT DECISIONS.
Notes OF Cases Recently Decided,
Which are of Interest TO
Our People.
DIGESTED BY W.B. MARTIN.
(Exclusively for virsinlan-Piiot.)
HUTTON v. WEBB.
Supreme Court of North Carolina.
May 10, 1899.

Supreme Court of North Carolina.
May 10, 1899.
ACT MARCH 0, 1897. AUTHORIZING
A TOLL ON LOGS FLOATED
DOWN CERTAIN STREAMS FOR
THE PURPOSE OF REMOVING
DRIFTWOOD IN SAID STREAMS,
IS UNCONSTITUTIONAL. AS
LEvYING A TAX ON PRIVATE
PROPERTY FOR PRIVATE BENE-
FIT, AND NOT FOR THE PUBLIC
GOOD.
The case Is sufficiently shown by the
opinion of the court.
The Court says:
We think the Judgment below should
be affirmed. To our minds there is too
little resemblance in a public turnpike
road and navlgable water course to
afford analogy for argument from
which proper conclusions may be
drawn. The turnpike is created by leg
islation. and can be abolished by leg
tslation. But a navigable water course
Is not created by legislation. 1t is true
that the legislature may by proper en-
actment provide for the Improvement
of such waterway for the benefit of
navigation. But the legislature cannot
impose duties upon the commerce upon
such waters, for the purpose OF build :
Ing public bridges, and of cleaning out
the fords. public and private. across"
such water courses. The right of taxa
tion or assessment" is n grant of SOW
ereign power, and can only be exercised
for the public good. This sovcrcis n
power cannot he granted for private
benefit or for corporate gain. unless
such gain be incident 10 the public ben
eft, authorizing the exercise OF the tax
ing power of government
1t Is manifest from the provisions of
this act that 1t was passed for The ben
eft OF the counties of Burke, Mcdowell.
and Caldwell, and not for the public
good,-the Improvement OF the naviga-
ton OF the streams therein named
MS their Improvement for such purpose
Is not mentioned. The duty of this
BOARD is to remove driftwood THAT
may gather Mt shoals on said streams
when the water is low, so as TO obstruct
iords used for public and private cross
1ngs or pond back the water] at INV
point on the Catawba river" etc And
this board Is TO provide for the asccr-
tainment OF the number of logs float
ed, and to fix the charge thereon: and.
after paying for keeping the shoals ms
aforesaid. and for nscertaining the
number of logs fIoatcd. any residue OF
the fund arising from said tolls shall he
divided among said counties" This
board Is to report to the commissioners
or each OF the counties the respective
part OF dividends that belongs to IT,
same" and enter up Judgment for said
amount against the parties assessed.
and execution shall issue thereon cas-
Tor other tax assessments" This act
was passed in the spring Of 1897. and
under Its operation the plaintiff was
taxed S27o.50 in the spring of 1898, and
his property advertised for sale. But
rev private business enterprises in this
state can stand such an assessment as
this. In our opinion, 1t is in contraven-
ton OF the provision of article g. sec
ZION =. or the constitution. But. 'S'tsidc
Of this provision of the constitution we
DO not believe 1t can be sustained. 1t
provides for the levy Of takes or as
easements" on private property for mr.
vate benefit. and not for the public
good. Tt is In conflict with the whole
tenor and snirit of the constitution and
OF our institutions. IT Is an unauthor-
lied exercise of sovereign power in the
hands of this new board of commission
ers. and we think the judgment of the
court appealed from should be affirmed