Whitehead v. Mayor, Etc., of Vienna

• Decision Date: 15 January 1912
• Docket Number: 3,493.
• Citation: 73 S.E. 533,10 Ga.App. 337
• Parties: WHITEHEAD v. MAYOR, ETC., OF VIENNA.
• Court: Georgia Court of Appeals

73 S.E. 533

10 Ga.App. 337

WHITEHEAD v. MAYOR, ETC., OF VIENNA.

No. 3,493.

Court of Appeals of Georgia

January 15, 1912

Syllabus by the Court.

A provision in the charter of a city, authorizing the mayor and council to require all male residents of the municipality between the ages of 16 and 50 years who have resided in the city for 30 days to work the streets of the city, or to pay a commutation tax in lieu thereof, is valid and enforceable as provided therein, although the general law of the state designated the persons subject to road duty, where the alternative road law is in effect as "between the ages of 21 and 50 years."

A local law for the county of Dooly, in which the city of Vienna is located, providing that the county convicts shall work the main streets through the city of Vienna, does not affect the validity of the charter provision stated in the first headnote. Both local law and charter provision can be enforced, and there is no conflict between the two.

Error from Superior Court, Dooly County; U. V. Whipple, Judge.

Proceedings by the Mayor and Council of Vienna against Lewis Whitehead to enforce the road law. Judgment for plaintiff, and defendant brings error. Affirmed.

George & Woodward, for plaintiff in error.

D. L. Henderson, for defendant in error.

HILL, C.J.

The state has various schemes, subject to county local option, as to working the rural public roads. Various ages are prescribed as to persons subject to road duty under these different schemes. See Wright v. Sheppard, 5 Ga.App. 298, 63 S.E. 48, and citations. None of these enactments relate to the working of streets in towns and cities. As to this the municipal charter in each case controls.

Judgment affirmed.