Legal Opinion

State v. . Gettys

Supreme Court of North Carolina

Decided May 18, 1921Published

Appeal by plaintiff from Lane, J., at the February Special Term, 1921, of Bukke. This is an indictment against tbe defendants, as commissioners of Muddy Creek Drainage District, for failure to file certain reports and to publish tbe same as required by secs. 5374 and 5375 of tbe Consolidated Statutes. Tbe drainage district was formed and organized under chapter 348, Public-Local Laws 1913. A motion to quash tbe indictment was allowed., and tbe State appealed.

1Opinion of the CourtAlleN, J.

It is made tbe duty, by secs. 5374 and 5375 of Consolidated Statutes, “of tbe commissioners of all drainage districts organized under tbe provisions” of tbe laws of North Carolina to file and publish tbe statements of receipts and expenditures set out in tbe indictment, and a failure to do so is indictable under sec. 5376.

This language of tbe statute, saying, as it does, “commissioners of all drainage districts,” is sufficiently broad and comprehensive to include commissioners of all drainage districts organized under special acts, but tbe language must be understood and construed in…

2Cases cited3 opinions

  1. Rodgers v. United StatesSupreme Court of the United States · 1902
  2. Crane v. ReederMichigan Supreme Court · 1871
  3. State v. . WombleSupreme Court of North Carolina · 1893

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