Ex Parte City of Ashland

Opinion of the Court by

Morris, Commissioner

Reversing.

Ashland, a city of the second class operating under the commission form of government, filed an ex parte petition in the Boyd circuit court seeking to have declared valid Ordinance No. 37, as amended by Ordinance No. 52, adopted by the city commissioners in 1934. The city was the sole party to the action. On a hearing in the lower court, the ordinance as amended was declared valid, and the matter comes up on appeal by the city.

The original ordinance provided substantially that all persons upon whom jail sentences had been inflicted in the…