Williams v. Fears
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF GEORGIA. R. A. Williams was arrested on a warrant issued by the county court of Morgan County, Georgia, and placed in the county jail on his failure to give bond pending his trial.
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ERROR TO THE SUPREME COURT OF THE STATE OF GEORGIA. R. A. Williams was arrested on a warrant issued by the county court of Morgan County, Georgia, and placed in the county jail on his failure to give bond pending his trial. Thereupon he made application to the judge of the superior court within and for that county for a writ of habeas corpus by petition alleging that the warrant under which he was arrested charged him with a violation of the tenth paragraph of section two of the General Tax Act of Georgia, of 1898, and that his restraint was illegal because that part of the act was in…
1Opinion of the CourtChief Justice Fullee
Persons following the occupations' named in some twenty-nine paragraphs of section 2 of the Tax Act of 1898, if they failed.to register their names before the ordinary, or, having-registered, failed to- pay their taxes, as required by section 4, were liable to indictment for misdemeanor.
The Supreme Court of Georgia pointed out that it did not distinctly appear whether Williams was charged with having done business without registering, or without paying the tax, but considered that to be immaterial since he could not be punished for a failure to do either, if the provision imposing the tax…
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