Legal Opinion

Sinking Fund Commissioners v. George

Court of Appeals of Kentucky

Decided June 23, 1898PublishedCited by 39 opinions

Case 33 — AGREED CASE APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The act creating the prison board is a violation of see. 107 of the Constitution in that it creates á six-year office. 2. The penitentiary officials in office when the act was passed could not be deprived of their offices during the terms for which they were elected without charges.

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Case 33 — AGREED CASE APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The act creating the prison board is a violation of see. 107 of the Constitution in that it creates á six-year office. 2. The penitentiary officials in office when the act was passed could not be deprived of their offices during the terms for which they were elected without charges. Ex parte Hennen, 13 Pet., 225. 1. The act in question is not operative to devest the titles of the warden and other officials holding under the Board of Commissioners of the Sinking Fund at the time of the passage of the act. Todd v. Dunlap, 99 Ky., 449;…

1Opinion of the Court

JUDGE PAYNTER

delivered tub opinion op the court.

Several important constitutional- questions are involved in this case. During the last session of the Legislature an act was passed, entitled “An act to create a Board of Penitentiary Commissioners and regulate the penal institutions of this Commonwealth.” Section 1 reads as follows: “That a board of commissioners is hereby created to govern the penitentiaries of this Commonwealth. Said board shall consist of three members, to be elected by the General Assembly on or before the 10th day of March, 1898. One of whom shall hold his office to be…

2Cases cited7 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  3. Sturgis v. . SpoffordNew York Court of Appeals · 1871
  4. People ex rel. Aylett v. LangdonCalifornia Supreme Court · 1857
  5. People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Legislative Research Commission Ex Rel. Prather v. BrownKentucky Supreme Court · 1984
  2. Richardson v. YoungTennessee Supreme Court · 1909
  3. Leek v. TheisSupreme Court of Kansas · 1975
  4. Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909

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