Legal Opinion · Dissent

Commissioners of Johnston County v. Lacy

Supreme Court of North Carolina

Decided September 26, 1917Published

Civil actioN beard on case agreed before bis Honor, W. A. Devin, J., .•at June Term, 1917, of Wake. From tbe facts as presented, it appears that O’Neal Township in Johnston.County, having decided by popular vote to apply to the State for a loan of $40,000 to establish and maintain a system of public roads in said township, pursuant to the provisions of chapter 6, Laws 1917, entitled “An act to encourage road building in North Carolina by State aid,” and the result having…

Read the full summary

Civil actioN beard on case agreed before bis Honor, W. A. Devin, J., .•at June Term, 1917, of Wake. From tbe facts as presented, it appears that O’Neal Township in Johnston.County, having decided by popular vote to apply to the State for a loan of $40,000 to establish and maintain a system of public roads in said township, pursuant to the provisions of chapter 6, Laws 1917, entitled “An act to encourage road building in North Carolina by State aid,” and the result having been duly certified to the Board of Commissioners of said county, that body passed a resolution to levy a special tax in…

1DissentClark, C. J.

The public policy of the State is vested in' the discretion of the Legislature, except when the law-making body is expressly 'restricted by some provision of the State or Federal Constitution. ■

The public policy of the State as regards education and public roads is a matter of the closest interest to the public, for upon their development depends the progress and the prosperity of our people.

Up to within less than one hundred years, the public policy of our State left education solely in the hands of the parents, with the result that the great body of the people were uneducated, and the State…

2Cases cited13 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Atkin v. KansasSupreme Court of the United States · 1903
  3. Williams v. EgglestonSupreme Court of the United States · 1898
  4. City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
  5. Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API