Allen Ex Rel. City of Middlesboro v. Hollingsworth

Opinion of the Court by

Stanley, Commissioner

Reversing.

This is a taxpayers’ suit to recover into the city treasury money alleged to have been illegally collected by the members of the board of commissioners of the city of Middlesboro. It presents a novel and important question with respect to the limitations on the power of the board of commissioners of cities of the third class, by reason of the referendum under which that method of government was adopted.

By a plebiscite held under the authority of the General Assembly, expressed in section 3480b-l, et seq., of the Statutes, the citizens of…