The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-06-06
GOOD ROADS ARE
UPHELD IN COURT
Their Cost is Declared a
Necessary Expense
OPINIONS SUPREME COURT

Judge Hoke Writes Strong opinion
for the Supreme Court That the
Cost Of Building Good Roads is a
Necessary Governmental Expense
Opinions Handed Down This Week.
The Legislative act providing for the
issuance OF bonds to build good a
in Youngsville Township,
County. was held valid and constltu-
tionai by the Supreme Cour IN the
case Of Trustees VS.. Webb. Judge
Hoke writes the opinion for the court
which opinion was handed down on
Wednesday.
These bonds were contracted to be
sold to Webb and later he refused to
accept them, alleging that they were
void because there had not been a vote
by the qualified voters of the township
on the question. Judge Hoke states
that counties, townships, cities and
towns are simply agencies OF the state
constituted for the convenience OF
local administration in certain pOr-
tons Of the States territory and in
the exercise Of such functions they are
subject to almost unlimited legislative
control except when restricted by con-
stitutional provisions. The legislature
can create, directly or indirectly,
ties. townships, school districts, road
districts. and the like subdivisions and
invest them, and agencies in them.
with powers corporate or otherwise IN
their nature, to effectuate the
Of the government, whether these be
local or general. They are govern
mental agencies.
When such governmental agencies
are Incorporated for governmental
they come within the llmlta-
tons and restrictions as to the meth
DDS, and powers Of taxation
contained in the North Carolina ON
stitution, Article VII, Sections Z, 9, 13,
Section 7 being the prohibition against
contracting debts, 1oaning credits or
levying taxes except for necessary ex-
penseS unless by a vote OF the majority
of the qualified voters therein. Section
8, requiring all taxation shall be uni
form and ad valorem. Section 13, pro-
hibiting the payment Of debts con-
tracted in the support Of the Confed-
crate Government. With the exception
OF these sections above noted there
was not only no further restraint on
the power Of the Legislature contained
in the constitution, but under section
IA, Of the same articler, express pro-
vision was made for it's fullest exercise.
THE power Of the Legislature then
over these local agencies When acting
in matters governmental, being ample,
certainly when given territorial placing
and whether designated as counties,
townships or as special districts. 1t
is we'll established with us, hat the
construction and maintenance Of pub
lie roads is q governmental purpose
and the cost thereof is a necessary
expense to be paid for by current taxa
ton or by issuing bonds having regard
always to the requirements and limita-
-~lo- -
these local authorities are acting and
for such purpose and unless the sta
tute SO requires, no election by the
people is necessary. Within the range
Of governmental action, there could not
be a more beneficent purpose or a
more compelling need and numerous
and repeated decisions Of our court are
in furtherance Of the enlightened
policy of which this statute is an ex-
preston"
1.-The statute In question expressly
creates the municipal corporation to
be known as the Board Of Trustees of
Youngsville Township, gives them as
such the entire management and con-
troll of the public roads Of the town
ship. COnferS pom them power to
issue n sell the bonds and apply
the proceeds to the purpose designat-
ed. On authority therefore we are Of
opinion that the bonds are valid and
that no good reason is shown why per-
Torrance of the contract of sale
should not be enforced. For the rea-
sons stated the judgment of the lower
court must be reversed and it is SO
ordered"
State VS.. Mayhem, Union County.
Error. Brown j..
/. Question is raised as to the fees
to which the solicitor Is entitled. A
true bill for murder in the first degree
was returned against two prisoners by
n grand JURY The solicitor an
nounced that he would ask only for
murder In the second degree or man
slaughter. When the case came to
trial Rev. sec. 276S provides that the
solicitor shall receive ''for every CON
victiOn upon an indictment which they
may prosecute for capital crime. $40,