Board of Trustees v. Scott
Court of Appeals of Kentucky
CASE 64. — MANDAMUS BY J. T. SCOTT AGAINST BOARD OF TRUSTEES OF THE TOWN OF NEW CASTLE, CONSOLIDATED WITH LIKE APPLICATION FOR MANDAMUS BY C. V. GENTRY AGAINST J. F. PEYTON Appeal from Henry Circuit Court. B. F. Peak, Circuit Judge. Appeal from Lincoln Circuit Court. B. F. Boach, Special Judge. POINTS AND AUTHORITIES. 1. The State legislature has the power to. pass any law not prohibited by the Constitution.
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CASE 64. — MANDAMUS BY J. T. SCOTT AGAINST BOARD OF TRUSTEES OF THE TOWN OF NEW CASTLE, CONSOLIDATED WITH LIKE APPLICATION FOR MANDAMUS BY C. V. GENTRY AGAINST J. F. PEYTON Appeal from Henry Circuit Court. B. F. Peak, Circuit Judge. Appeal from Lincoln Circuit Court. B. F. Boach, Special Judge. POINTS AND AUTHORITIES. 1. The State legislature has the power to. pass any law not prohibited by the Constitution. Section 61 of the Constitution does not provide that when one unit is voting that all the units contained within that unit should have the privilege of voting on the same day so that…
1Opinion of the Court
*551Opinion op the Court by
Judge O’Rear
Affirming Lincoln county case and reversing Henry county case.
These cases, involving a common question, are heard together and decided together. The question is the constitutionality of the act of March 14, 1906 (Laws 1906, p. 86, c. 21), amendatory of the local option law, and which is commonly called the “Cammack County Unit Bill.” The Henry circuit court held the act to be unconstitutional. At least, that seems to be the effect of the judgment and opinion of that court. The Lincoln circuit court held to the contrary.
Section 61 of the Constitution of this…
2Cases cited13 opinions
- Rippey v. TexasSupreme Court of the United States · 1904
- Lafferty v. HuffmanCourt of Appeals of Kentucky · 1896
- Gayle v. Owen County CourtCourt of Appeals of Kentucky · 1885
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Commonwealth v. WassonKentucky Supreme Court · 1992
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
- Reeves v. SimonsCourt of Appeals of Kentucky (pre-1976) · 1942
- Jones, Chief Safety Inspector v. RussellCourt of Appeals of Kentucky (pre-1976) · 1928
- Jones v. RussellCourt of Appeals of Kentucky · 1928
28 more not listed; retrieve them via the Exa API.