Sinking Fund Commissioners v. George
Court of Appeals of Kentucky
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
- Fletcher v. PeckSupreme Court of the United States · 1810
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- People ex rel. Aylett v. LangdonCalifornia Supreme Court · 1857
- People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889
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