Agricultural & Mechanical College v. Hager
Court of Appeals of Kentucky
Case 1. — PETITION BY THE AGRICULTURAL & MECHANICAL COLLEGE FOR MANDAMUS TO COMPEL THE ISSUANCE OF A WARRANT BY THE AUDITOR OF PUBLIC ACCOUNTS FOR AN APPROPRIATION MADE TO SAID COLLEGE BY THE KENTUCKY LEGISLATURE Appeal from Franklin Circuit Court. John D. Carroll, Special Judge. From the judgment dismissing the petition the plaintiff appeals. POINTS AND AUTHORITIES. 1. The nature of the legislative power. (Sec. 29, Con. Ky.; Cooley’s Con.
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Case 1. — PETITION BY THE AGRICULTURAL & MECHANICAL COLLEGE FOR MANDAMUS TO COMPEL THE ISSUANCE OF A WARRANT BY THE AUDITOR OF PUBLIC ACCOUNTS FOR AN APPROPRIATION MADE TO SAID COLLEGE BY THE KENTUCKY LEGISLATURE Appeal from Franklin Circuit Court. John D. Carroll, Special Judge. From the judgment dismissing the petition the plaintiff appeals. POINTS AND AUTHORITIES. 1. The nature of the legislative power. (Sec. 29, Con. Ky.; Cooley’s Con. Lim., p. 126; Griswold v. Hepburn, 2 Duv., 20; Higgins v. Prater, 91 Ky., 6.) 2. Legislature has full power unless there is a direct prohibit tion or clear…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
Appellant is an educational institution, created, maintained and operated by the State of Kentucky. It is incorporated, but is officered by trustees appointed by the Governor by and with the advice and consent of the Senate, the Governor being ex officio member and chairman of the board. ' While a part of its sustenance is drawn from general appropriations made by the United States government, and in part from tuition fees received from certain of its pupils, yet it is in every essential feature a State college. Its main support is derived from the tax of…
2Cited by9 opinions
- Mills v. StewartMontana Supreme Court · 1926
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- Pollitt v. LewisCourt of Appeals of Kentucky (pre-1976) · 1937
- Huber v. GroffMontana Supreme Court · 1976
- Farley v. StaceyCourt of Appeals of Kentucky · 1917
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