Hodgkin v. Kentucky Chamber of Commerce

SIMS, Justice.

This appeal presents but one question, the narrow one of whether under § 186 of our Constitution the common school fund of the State shall be distributed on a per capita basis of children actually in school; or on the per capita basis of children of school age residing in the district, regardless of whether they are actually in school. The chancellor decided the distribution should be on the basis of the number of children of school age actually attending school.

Section 186 of the Constitution directs how the school fund shall be distributed. The part pertinent to this…