17 Neb. 334 | Neb. | 1885
The plaintiff was found guilty of a misdemeanor by a •jury in the district court of Lancaster county, and sentence imposed by the court. In the costs taxed against him there was a charge of $6.00 as a jury fee. His attorney filed a motion to retax the costs, which being overruled, he brings the case into this court on error. He now claims that the statute authorizing the taxation of such jury fee is in conflict with section 1, article 9, of the constitution, which provides that “the legislature shall provide such revenue as may be needful by levying a tax by valuation,” etc. Comp. Stat., § 29, Ch. 28.
The question here involved was before this court in State v. Lancaster County, 4 Neb., 537. Under the statute then in force a party “upon the commencement of a suit in the supreme court” was required to pay to the clerk the sum of $10 for the use of the state. It was held that this provision was not in conflict with the constitution. It is said (page 540), “The theory of construction advanced on the part of the relator assumes that this power (of taxation) is limited by implication, upon the principle, expressio
Judgment affirmed.
