Legal Opinion

State v. Ewing

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 12 opinions

Original Proceedings in Mandamus. William F. Ewing, county clerk of Lyon county, under the advice of the county attorney of that county, refused to extend upon the tax-roll of said county, for the year 1879, the tax of one mill upon the dollar for the general school fund of the state, provided'for by §1, art. 16, ch. 122, Laws of 1876. The above refusal was based upon the ground that the above section had been repealed by §4, ch. 149, Laws of 1879, and that therefore there…

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Original Proceedings in Mandamus. William F. Ewing, county clerk of Lyon county, under the advice of the county attorney of that county, refused to extend upon the tax-roll of said county, for the year 1879, the tax of one mill upon the dollar for the general school fund of the state, provided'for by §1, art. 16, ch. 122, Laws of 1876. The above refusal was based upon the ground that the above section had been repealed by §4, ch. 149, Laws of 1879, and that therefore there is no law now in force providing for the levy aforesaid. The attorney general brought this action to compel the said…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The question in this case is as to the present existence of the one-mill tax for the state annual school fund; and it .turns upon the validity and effect of § 4 and § 5, ch. 149, Laws of 1879. Prior to this year, unquestionably such a tax existed.

Section 3 of article 6 of the constitution of the state provides for the perpetual school fund, and contemplates that *709the legislature may make provision, by taxation or otherwise, for the school fund. The first subdivision of § 3 of the act for the admission of Kansas into the union grants to the…

2Cited by12 opinions

  1. State v. Bankers' & Merchants' Mutual Benefit Ass'nSupreme Court of Kansas · 1880
  2. Parsons v. PeopleSupreme Court of Colorado · 1904
  3. Brown v. ElderSupreme Court of Colorado · 1904
  4. State ex rel. Gass v. GordonSupreme Court of Missouri · 1915
  5. Sullivan v. City of GalvestonCourt of Appeals of Texas · 1928

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