Haller v. Mecklenburg Highway Commission
TILLIE MAY HAGLER, Widow of WILLIAM HAGLER, Deceased, and Her Children, Dependents, v. MECKLENBURG HIGHWAY COMMISSION, Employer
Opinion of the Court
*734 Adams, J.
The appellant contends that tbe award of the Industrial Commission should be set aside for two reasons: (1) The Workmen’s Compensation Act (P. L. 1929, ch. 120) is in conflict with the Constitution, Article YU, sec. 7, which provides that “no county, city, town or other municipal corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officer of the same except for the necessary expenses thereof, unless by a vote of the majority of the qualified voters therein”; (2) the act deprives, the defendant of its right to a trial by jury, in contravention of Article I, section 19, which provides that “in all controversies at law respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.”
The first objection raises an academic question. There is nothing in the record showing that the board of commissioners of Mecklenburg County has attempted to levy a tax or to contract a debt, or to pledge its faith, or to loan its credit in breach of Article VII, section 7, of the Constitution. A question of this importance should be considered • and determined upon a full disclosure of all facts in a proceeding to which the board is made a party and given an opportunity to be heard.
The second ground of objection is without merit. The State has waived its sovereignty as to the claim of an injured employee, and neither the State nor any of its political subdivisions has the right to reject the provision of sections 5, 6, 15, 16, 17 of the Compensation Law, or any of its provisions relative to payment and acceptance of compensation. Section 8.
Baker v. State, ante, 236;
Moore v. State, ante, 300. Under this act trial by jury is not a constitutional right.
McInnish v. Board of Education, 187 N. C., 494 ;
Groves v. Ware, 182 N. C., 553 ;
Commissioners v. George, ibid., 415;
Mountain Timber Co. v. Washington, 243 U. S., 219 , 61 Law Ed., 685. Judgment Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.
-
(no jury trial right under the Workmen's Compensation Act)
Cited by 11 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.