Polglaise v. Commonwealth

Citations

• 114 Va. 850
• 76 S.E. 897
• 1913 Va. LEXIS 148

Syllabus

<p>1. Highways — Regulating Use — Power of Legislature. — The legislature of tbe State has- absolute power to make any reasonable provisions it may deem necessary with reference to the public highways of the counties, or cities and towns within the State, regulating the uses that may be made of them.</p> <p>2. Highways. — Regulating Use — Board of Supervisors — Width of Tires. Under the general road law of this State full and complete power is conferred upon the boards of supervisors of the several counties to make such rules and regulations as they may deem best for the working, keeping in order and repair of the roads and bridges of their respective counties, but this power is coupled with the provision that “the board shall enact no law fixing the width of tires to be used on vehicles until after the question shall have been submitted to the qualified voters of the county and a majority of said voters shall have voted for the proposed law fixing the width of tires.”</p> <p>3. Highways — Width of Tires — Election—Notice—Case at Bar. — A petition for an election under the foregoing provision was accompanied by a resolution of the board of supervisors stating that in ease the election was carried the board would fix upon the following regulations, to-wit: “Six horse wagon six inch tires, four horse wagon four inch tires, two horse wagon three inch tires,” and that the regulations would only apply to lumber and tie haulers over the permanent roads of the county. The resolution also directed the clerk of the board to furnish a copy thereof to two newspapers published in a city in said county, with request that it be published for the information of the voters, and no complaint is made that the publication was not made. The election was held and a majority of the voters voted in favor of the proposed law.</p> <p>Held. This was a sufficient compliance with the statute as to notice to the voters of the county with respect to the question to be submitted to them, and that