Legal Opinion

Macklin v. Trustees of Common School District

Court of Appeals of Kentucky

Decided May 18, 1889PublishedCited by 5 opinions

Case 92 — PETITION EQUITY — appeal prom pranklin circuit court. .1. 'The legislature did not intend to confer upon school trustees the arbitary power to assess a tax upon the district without the consent of the people to he taxed.

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Case 92 — PETITION EQUITY — appeal prom pranklin circuit court. .1. 'The legislature did not intend to confer upon school trustees the arbitary power to assess a tax upon the district without the consent of the people to he taxed. (Acts of 1885-6, vol. 1, p. 129, ai't. 3.) '2. The legislature not only has not conferred such a power upon the trustees, hut it has no constitutional authority to confer it. 3. The paper signed by only one of the three trustees is not a sufficient “order” for the collection of the tax. (Acts 1883-4, vol. 1, p. 134.) 4. The chairman of the hoard of trustees had no…

1Opinion of the Court

• JUDGE HOLT

delivered the opinion oe the court.

The trustees of a school district ordered the collection of an ad valorem tax of sixteen cents on each one hundred dollars’ worth of property therein, and a per capita tax on each male thereof over twenty-one years of age, to pay for a new school-house. This was done without •.taking the sense of the qualified voters of the district in *594any way. The appellant who are tax-payers of the district, are, by injunction, resisting the collection of the tax.

The third article of the common school law of May 12, 1884, as originally enacted, provided for a…

2Cited by5 opinions

  1. Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
  2. McCabe v. CarpenterCalifornia Supreme Court · 1894
  3. Bates v. City of MonticelloCourt of Appeals of Kentucky · 1917
  4. McIntire v. PowellCourt of Appeals of Kentucky · 1910
  5. Broughton v. Louisville & Nashville RairoadCourt of Appeals of Kentucky (pre-1976) · 1926

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