Louisville School Board v. McChesney
Court of Appeals of Kentucky
Case 3 — Action for Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. (No brief in record.) 1. The question in this case is, shall section 186 of the Kentucky Constitution be obeyed by the .Superintendent of Public Instruction, or shall he be permitted under the guise of a misconstruc- . tion of a statute to have the power to set at naught the Constitution, and so manage the proceeds of the school fund, as to destroy -the efficiency…
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Case 3 — Action for Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. (No brief in record.) 1. The question in this case is, shall section 186 of the Kentucky Constitution be obeyed by the .Superintendent of Public Instruction, or shall he be permitted under the guise of a misconstruc- . tion of a statute to have the power to set at naught the Constitution, and so manage the proceeds of the school fund, as to destroy -the efficiency of the school system? 2. The fair and only construction of the Constitution is, that in the event the superintendent…
1Opinion of the Court
Opinion op the court by
JUDGE DuRiELLE
Reversing.
In the year 1898, under the provision of section 4-375. Kentucky Statutes, the superintendent of public instruction appears to have estimated the per capita of the revenue for school purposes for that year at $2.30 for each pupil child. A large ’surplus, amounting to over $265,000, was carried over from 1898 to 1899, and, presumably by *11reason of the existence 'of this surplus, and of an unfounded expectation of a large .sum from tbe tax on national bank franchises, the estimate for 1899 was fixed at $2.70 for each pupil child. This estimate was…
2Cited by3 opinions
- Talbott, Auditor Pub. Accounts v. Ky. State Bd. Educa.Court of Appeals of Kentucky (pre-1976) · 1932
- Pickett v. SmithSupreme Court of Oklahoma · 1919
- Board of Education of Alpine School Dist. v. Board of EducationUtah Supreme Court · 1923