Russell v. Ayer
Supreme Court of North Carolina
ActioN by Daniel L. Russell, Governor of North Carolina, against Hal. W. Ayer, State A-uditor, for a peremptory mandamus, commenced in the Superior Court of Wake county, and heard on complaint and demurrer before Adams, J., at Chambers, in Raleigh, in April, 1896. The complaint was as follows: “The plaintiff, complaining, alleges — “I. That he is Governor of North Carolina, and as such it is his duty to supervise the official conduct of all executive and ministerial officers…
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ActioN by Daniel L. Russell, Governor of North Carolina, against Hal. W. Ayer, State A-uditor, for a peremptory mandamus, commenced in the Superior Court of Wake county, and heard on complaint and demurrer before Adams, J., at Chambers, in Raleigh, in April, 1896. The complaint was as follows: “The plaintiff, complaining, alleges — “I. That he is Governor of North Carolina, and as such it is his duty to supervise the official conduct of all executive and ministerial officers and to see that the duties of all officers are performed, and in default thereof to apply such remedy as the law…
1Opinion of the CourtMoNtgoMeet, J.
The General Assembly of North Carolina, at its session of 1897, in an act entitled : “An Act to raise revenue,” laid the capitation tax at one dollar and twenty-nine cents, and a tax of forty-six cents on every one hundred dollars value of real and personal property. Section 1 of Article T of the Constitution, provides that “The General Assembly shall levy a capitation tax on every male inhabitant in the State over twenty-one and under fifty years of age, which shall be equal on each to the tax on property valued at $300 in cash, * * * and the State and county capitation tax combined shall…
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