State Ex Rel. Tate v. Board of Commissioners

Citations

• 30 S.E. 352
• 122 N.C. 812
• 1898 N.C. LEXIS 357

Syllabus

<p>Mandamus — Counties—Legislative Control of Counties —Compulsory Road Improvement — Public Roads— Taxation.</p> <p>1. Counties are but State agencies and subject to legislative authority which can direct them to do as a duty all such matters as it can empower them to do.</p> <p>2. The Constitution does not require that, in the exercise of its police power, the Legislature shall require its regulations to be uniform throughout the State; and, hence, the General Assembly may require public roads in one county to be improved by taxation and those in other counties by a different method.</p> <p>3. Working the public roads is a necessary county expense and, hence, under Section 6, Art. Y of the Constitution the County Commissioners when authorized or commanded to do so, may levy a tax m excess of the costitutional limit for the purpose of road improvement without the sanction of a popular vote.</p>