Holton v. . Comrs. of Mecklenburg County
Supreme Court of North Carolina
Constitutional Law — Taxes—Roads. Motion for an INJUNCTION, heard by Shipp, Judge, at Chambers in Charlotte, on December 4, 1885. The statute (Acts 1885, ch. 134), entitled “An act relating to roads and highways,” relates to and embraces only the county of Mecklenburg.
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Constitutional Law — Taxes—Roads. Motion for an INJUNCTION, heard by Shipp, Judge, at Chambers in Charlotte, on December 4, 1885. The statute (Acts 1885, ch. 134), entitled “An act relating to roads and highways,” relates to and embraces only the county of Mecklenburg. It embraces and systemizes the whole subject of ordinary public roads, bridges, ferries and fords in that county; it declares what these are and shall be; how they shall be established and constructed; how they shall be changed, extended or discontinued; how they shall be kept in repair; and how labor and money for such…
1Opinion of the Court
MeerimON, J.,
(after stating the facts). Unquestionably, if the Court can give the provisions of the statute in question effect, by any reasonable interpretation of them, consistent with the Constitution, it is its obvious duty to do so. Courts never de-ntare statutes and statutory provisions in conflict with the Constitution, and therefore void, except where they are plainly so. They are presumed to be valid, and every reasonable doubt is to be given in favor of their validity. The Court cannot allow plausible arguments and speculative opinions to overthrow them, and thus defeat the…
2Cited by18 opinions
- Jamison v. City of CharlotteSupreme Court of North Carolina · 1954
- Bickett v. State Tax CommissionSupreme Court of North Carolina · 1919
- Coble v. . Comrs.Supreme Court of North Carolina · 1922
- Brown v. Commissioners of HertfordSupreme Court of North Carolina · 1888
- Coble v. Commissioners of Guilford CountySupreme Court of North Carolina · 1922
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