Southern Railway Co. v. Cherokee County

Supreme Court of North Carolina
Southern Railway Co. v. Cherokee County, 218 N.C. 169 (N.C. 1940)
Winborne

Southern Railway Co. v. Cherokee County

Opinion of the Court

'WiNBORNE, J.

Tie sole question presented for decision on this appeal relates to tie ruling of tie court below tiat, on tie facts found, tie tax *171levy made by tbe board of commissioners for tbe county of Cherokee for tbe purpose of paying expenses of bolding courts and of maintaining tbe county jail and jail prisoners in said county is unconstitutional, illegal and invalid. Tbe ruling is in keeping with tbe decision as to item 10 in Power Co. v. Clay County, 213 N. C., 698, 197 S. E., 603, where tbe same question was under consideration. While in that case it is said that there may be circumstances under which these expenses would be expenses for special purposes, such circumstances did not arise there. Nor do they appear on tbe facts found here.

Upon authority of Power Co. v. Clay County, supra, tbe judgment below is

Affirmed.

Reference

Full Case Name
SOUTHERN RAILWAY COMPANY v. CHEROKEE COUNTY, T. P. CALHOUN, E. A. WOOD and J. M. ANDERSON, THE BOARD OE COUNTY COMMISSIONERS OF CHEROKEE COUNTY, NORTH CAROLINA, and CITIZENS BANK & TRUST COMPANY, Treasurer and Financial Agent of CHEROKEE COUNTY, NORTH CAROLINA
Status
Published