State Road Commission v. County Court of Kanawha County

Hatcher, President :

In this action, tbe State Road Commission seeks to recover from tbe County Court of Kanawha County certain moneys wbicb tbe commission expended for rights of way for state roads witbin tbe county. Tbe circuit court sustained a demurrer to tbe declaration, and, upon tbe joint application of tbe parties, certified tbe questions arising on tbe demurrer to this court.

There are several matters certified but they all merge into tbe one question: Is section 31, chapter 6, Acts 1923, constitutional? Tbe gist of tbe section (hereinafter referred to as tbe Act) is that tbe…