State v. Wheeler.
Supreme Court of North Carolina
INDICTMENT against T. J. Wheeler for failure to _ work the public roads, heard by Judge M. PI. Justice and a jury, on appeal from a justice of the peace, at the September Term, 1905, of the Superior Court of WaKe. There was a special verdict, and from a judgment of guilty thereon, the defendant appealed.
1Opinion of the CourtClark, C. J.
The defendant appeals from a conviction and sentence for failing to work the public roads of Wake County, as required by chapter 667, Laws 1905, amendatory of chapter 551, Laws 1903. The appeal rests upon the alleged unconstitutionality of the statute. The defendant contends:
1. Time is money. Labor is a man’s property and therefore to exact his labor and time to work the roads is to levy a tax on property and such is unconstitutional unless ad valorem.
2. That if working the road is a poll tax, the act is unconstitutional because it exacts this labor only of “able-bodied male persons between…
2Cases cited6 opinions
- Sturges v. CarterSupreme Court of the United States · 1885
- State v. . SharpSupreme Court of North Carolina · 1899
- State v. Carter.Supreme Court of North Carolina · 1901
- State v. . CovingtonSupreme Court of North Carolina · 1899
- State v. . HicksSupreme Court of North Carolina · 1899
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3Cited by13 opinions
- Jamison v. City of CharlotteSupreme Court of North Carolina · 1954
- Kinney v. SuttonSupreme Court of North Carolina · 1949
- Independent Highway District No. 2 v. Ada CountyIdaho Supreme Court · 1913
- Dalton v. George C. Brown & Co.Supreme Court of North Carolina · 1912
- Shane v. City of HutchinsonSupreme Court of Kansas · 1912
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