State Ex Rel. v. Phillips

Chapter 21 of the Private Acts for 1929 authorizes Hawkins County to borrow money for the construction and improvement of designated roads, and creates a road commission of five members. One of the members of this commission named in the Act was a member of the General Assembly at the time the Act was passed. The suit first above styled questions the constitutionality of the appointment of this member of the road commission, under the constitution, article 2, section 10, which, provides: .“No senator or representative shall, during the time for which he was elected, he eligible to any office…