State Board of Charities & Corrections v. Hays

Opinion of the Court by

Judge Clarke

Reversing.

These two action's by different groups 'of prisoners against the board now in control of the state penitentiaries seek by mandamus to enforce the mandatory provisions of section 7, chapter 36, Acts of 1916, being’ subsection 7 of section 3828a, Kentucky Statutes.

For defense upon the merits the board in both actions contends that the section of the act involved is unconstitutional for many reasons, and was repealed by a later act of the legislature.

Before considering these questions one of practice will be disposed of briefly.

The petitions state…