The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-08
OPPOSITION TO ROAD LAW.
Absence of Supervisor Acquitted
by Magistrates Jury

A goodly number of the people of
Wake county are in revolt against the
provisions of the Wake county road
law enacted . or rather amended, by
the last General Assembly.
It's constitutionality is questioned by
leading members of the bar and its
fairness is denied by a lAge number
of the citizens of the county.
1t is contended by eminent lawyers
that section of the act is discrimi-
hitting in it's effect, and, therefore,
unconstitutional.
This section provides that all able
bodied male persons between the ages
of 21 and A years, except residents
OF incorporated cities and towns, and
such as by law are exempted or eX-
cuSed, shall work on the public roads
of said county for four days in each
and every year at such time and place
and in such manner as may be deSig-
fnated by the road superintendent or
the township supervisor The conten-
ton is that this part of section NJ is a
discrimination between the resident of
the towns and cities and the man who
lives in the rural districts and is,
therefore. in violation of both the
State ard Federal constitutions.
| There is general road tax levied
under the provisions of section 81 of
this same road law, amounting to Il 1a
| cents on each hundred dollars worth
| of property and SO cents on each poll.
| Section 6, first referred to, also pro-
vides that any person may, in lieu OF
working four days on the public
| roads pay, on or before the 1st day of
| March in each year, to the county
| treasurer or road superintendent the
sum of $3.50. and in the, event Of
| failure to either work four days in
| each year after having been lawfully
warned or pay the said sum of $3.50,
| shall be guilty of a miSdemeanor, and
on conviction be fined not less than IS
nor more than $40, or sentenced to
work on the public roads not less than
II nor more than 20 days.
1t does not appear that there is
complaint over the regular tax levied
and collected under the provisions of
section 81, but the conflict is over the
dual requirements of both paying tax
and working the roads or paying the
$3.50 fined. The people in some sec
ton of the county are very much agi
tated over the matter, and in nGIly
instances are defying the provisions of
the law by refusing to comply with
the provision of section 6.
1t was stated yesterday that a case
was recently brought before a Justice
of the peace in Marr's Creek town
ship and the defendant. who had been
indicted for not Working or paying the
fine, was dismissed by the magistrate
on the ground that the Was uncon-
stitutional.
In RolesvilIe on Wednesday of this
week Mr.. S. H. Jones and MIR. J. A.
Duke of Wake Forest township, were
| before Squire j. p. Haywood on the
| same Indictment. The matter had
| stirred the entire community, and it is
reported that the proceedings were
| little less than sensational, at least
four hundred people assembled" so
stated a prominent citizen of Roles
vile, and the interest in the proceed
Iings was almost of an explosive char
acer.
The defendants were represented by
Mr.. Elmer Shaffer. of the law firm
of Argo & Shaffer. while the county
attorney. Mr.. Herbert E. Norris, APP
peared in defence of the staalte and
the road supervisor. A jury was en-
panneled, the evidence submitted alMi
after exhaustive arguments by coun-
sci on both sides. the jury, after de-
liberation of less than five minutes, re-
turned a verdict of not guilty, upon
the rendering of which both the de-
PENDANTS were released. In the evil
dence it came out that the supervisor,
Mr. Shearan did not appear on either
of road working days, but had dele
gated his duties to another. The q y
fence contended that under the do
cision of the Supreme Court ip the
Yoder case a man was not indictable
who declined to work OF appear in
the absence of the road -overseer or
supervisor. There was" said several
gentlemen from that part of the coun-
ty yesterday, mo installing the tenn
per of the assembled throng or the
opinion of the court or the jury in the
case, and the eXultation on the part
If the great crowd was akin to
jubilee over the finding of the jury
and the release of the two men who
had been indicted"