Wilson v. State

143 Tenn. 55
CourtTennessee Supreme Court
DecidedDecember 15, 1919
StatusPublished
Cited by19 cases

This text of 143 Tenn. 55 (Wilson v. State) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. State, 143 Tenn. 55 (Tenn. 1919).

Opinion

Mr. Justice Hall

delivered the opinion of the Court.

The question involved in this case is the constitutionality of chapter 657 of the Private Acts of 1919, the title of which is as follows:

“An act entitled an act to provide revenue by assessing a privilege tax in counties of this State having a population of not less than 25,907 nor more than 25,909 under t ' ' the federal census of 1910, or any subsequent federal census, on carts, buggies, surreys, wagons, traction engines, automobiles and motorcycles, to further promote and provide for the building and maintaining of the public roads of said counties, and to provide the methods of collecting such tax and manner of designating or marking vehicles on which such tax has been paid.”

Section 1 of said act reads as follows:

“Be it enacted by the General Assembly of the State of Tennessee, that a privilege tax is hereby levied and sjiall be collected by the county court clerks in counties of this State having a population of from 25,907 to 25,909 inhabitants by the federal census of 1910 or any subsequent federal census, on all carts, buggies, surreys, wagons, traction engines, automobiles and motorcycles, used upon the public highways of such counties, as follows: On each cart, buggy and surrey, $2.50 per annum; on each one-horse wagon, $3 per annum; on each two-horse wagon, or wagon drawn by more than two horses, and on each traction engine, $5 per annum; on each automobile, including automobile trucks, and motorcycles, the sum of ten cents per annum on each horsepower of the motive power [59]*59of such vehicle. Said taxes shall be paid to the county court clerks of said counties for the year 1919 by the owner or the operator of such vehicles herein taxed, for which tax, both are liable personally, provided, such vehicle is used upon the public highways of any county within the provisions of this act, on or before the first Monday in July, 1919, and annually thereafter, as other privilege taxes are paid.
“When so paid the county court clerk to whom paid shall give his receipt therefor and shall register said vehicle on which the same is paid, for which registration he shall receive a fee of twenty-five cents to be paid by the owner or person paying tax on the vehicle and he shall furnish to such owner or person paying said tax a tag, of tin or other metal, for such vehicle with a number1 stamped or imprinted thereon, showing the year and the name of the county, a record of which number shall be kept in the clerk’s office in said registration records, which tag must be attached to the rear axle or the rear of the body of said vehicle, where it shall so remain until another tag is procured for the next succeeding year.
“In the event any such tag is lost by the taxpayer or owner of the vehicle, such owner shall pay for the regis tration and cost of another tag.
“The tags herein provided to be furnished to the taxpayers shall be purchased by the respective county court clerks from the funds in their hands arising from the taxes herein provided for, the cost of the same not to exceed --- — — cents each.”

[60]*60Section 2 reads as follows:

“Be it further enacted, that all owners or operators of any of the vehicles hereinbefore enumerated shall pay the taxes herein provided for in advance and before using any of the vehicles hereinbefore enumerated or operating them upon the public roads of the said counties, or any of them, paying a proportionate amount of the tax for the remainder of the year on any such vehicle or vehicles purchased or first used or operated upon any of said public roads after the first Monday in July, 1919:, and at any time after January 1, of any ensuing year.”

Section 3- reads:

“Be it further enacted, that it shall be a misdemeanor for any person or persons to violate any of the provisions of this act or to use or operate any of said vehicles upon any of said public roads before first having paid said tax thereon or without having attached thereto said tag, and upon conviction thereof such person or persons shall pay a fine of not less that $5 nor more that $50 and the costs of the prosecution, and the grand juries of the respective counties coming within the provisions of this act shall ■have inquisitorial powers as to such offenses.
“All sheriffs, deputy sheriffs and constables of said respective counties are hereby given general police powers for the enforcement of the provisions of this act, and it shall also be the duty of the civil district road commissions of said respective counties to report to proper officials for prosecution any violation of this act coming to their knowledge.”

[61]*61Section 4 vests power in the clerks of the county courts of the counties falling- within the provisions of said act, and makes it their duty to issue distress warrants for the collection of the tax provided for in the first section of the act.

Section 5 reads:

“Be it further enacted, that the clerks of the county courts of the counties coming within the provision of this act shall pay over to the county trustee, at the end of each month, the taxes so collected, or in his regular settlements with such trustee, taking the trustee’s receipt therefor, and such fund shall become and be a part of the funds in the hands of said trustee, to be used in the improvement, building and maintaining of the public roads of said county, as other taxes levied and appropriated for such purposes are expended.
“In the collection of the taxes herein provided for and in their settlements for the same with the said trustees, said county court clerks shall keep an accurate and correct system of accounts, which shall also accurately show and keep separate account of the amounts of such taxes collected from taxpayers residing in the respective civil districts of their counties, and said trustees shall also keep a correct and accurate system of said accounts by civil districts, as required of said clerks, and such funds shall be expended for the purposes hereinbefore provided in the respective civil districts proportionate to the respective amounts paid by the taxpayers residing in such districts: Provided, at the discretion of the respective civil district [62]*62board commissioners of said counties, any part or portion of the fund to be so expended in their respective districts may be expended in the building, maintaining and improving of any public road in such district which may be a part of any designated system of public highways of such county.”

By section 6 it is provided that said act shall not apply to transient vehicles passing through the county, nor be so construed or applied as to require the purchaser of any such vehicle, during any taxable year, to pay an additional tax thereon where the tax provided for has already been paid in the same county for that year by a previous owner.

By section 7 it is provided that, should any of the provisions of said act for any reason be unconstitutional., void, or otherwise inoperative, the same shall not operate to vitiate or render ineffective any of the other portions of the act, which are in themselves valid.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adkins v. Robertson County
301 S.W.2d 337 (Tennessee Supreme Court, 1957)
Hoover Motor Exp. Co. v. Railroad & Public Utilities Commission
261 S.W.2d 233 (Tennessee Supreme Court, 1953)
Co-Ordinated Transport, Inc. v. Barrett
106 N.E.2d 510 (Illinois Supreme Court, 1952)
Fuqua v. Davidson County
227 S.W.2d 12 (Tennessee Supreme Court, 1950)
Elliott v. Fauqua
204 S.W.2d 1016 (Tennessee Supreme Court, 1947)
Carter v. State Tax Commission
96 P.2d 727 (Utah Supreme Court, 1939)
C. v. Floyd Fruit Co. v. Florida Citrus Commission
175 So. 248 (Supreme Court of Florida, 1937)
Warren v. Walker
71 S.W.2d 1057 (Tennessee Supreme Court, 1934)
Dalton v. Kimsey
52 S.W.2d 465 (Tennessee Supreme Court, 1932)
Riddick v. Yorkshire Insurance
52 S.W.2d 166 (Tennessee Supreme Court, 1932)
Frazier v. Lindsey
36 S.W.2d 436 (Tennessee Supreme Court, 1931)
State Ex Rel. v. Collier
23 S.W.2d 897 (Tennessee Supreme Court, 1930)
Forrester v. City of Memphis
15 S.W.2d 739 (Tennessee Supreme Court, 1929)
State Ex Rel. City of Alcoa v. Hannum
11 S.W.2d 858 (Tennessee Supreme Court, 1928)
Hancock v. State
254 P. 225 (Arizona Supreme Court, 1927)
Foster & Creighton Co. v. Graham
285 S.W. 570 (Tennessee Supreme Court, 1926)
Black & White Taxicab Co. v. Standard Oil Co.
218 P. 139 (Arizona Supreme Court, 1923)
State ex rel. Thompson v. Davis
146 Tenn. 287 (Tennessee Supreme Court, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
143 Tenn. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-tenn-1919.