Legal Opinion

Ramsey v. City of Shelbyville

Court of Appeals of Kentucky

Decided December 2, 1904PublishedCited by 13 opinions

Case 23 — Action by J. T. Ramsey, &c. Against the City of Siifxbyviixe, &c. to Test the Validity of an Ordinance Levying a Tax foe Maintaining a Public Library. APPEAL FROM SIIELBY CIRCUIT COURT, R. F. PEAK, CIRCUIT JUDGE.

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Case 23 — Action by J. T. Ramsey, &c. Against the City of Siifxbyviixe, &c. to Test the Validity of an Ordinance Levying a Tax foe Maintaining a Public Library. APPEAL FROM SIIELBY CIRCUIT COURT, R. F. PEAK, CIRCUIT JUDGE. Judgment for Defendants and Plaintiffs Appeal. 1. We insist that section 3490, subsection 22, does not authorize a city of the fourth class to levy a tax in aid of a puhlio library; the language is; “To establish, maintain and regulate a local public library and raise subscriptions, donations and gifts thereto.” But if the power claimed by the city of Shelbyville is granted…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Reversing.

On March'20, 1902, the hoard of council of the city of Shelbyville enacted the following ordinance:

“Be it ordained by the board of council of the city of Shelbyville, Ky.;
“Section 1. That the board of council of the city of Shelbyville, Ky., for and. on behalf of said city accepts the proposition of Andrew Carnegie made to said city, namely r That he, Andrew Carnegie will give .$10,000.00 for the purpose of erecting a free public library building on the condition that a suitable site be provided, and the city of Shelbyville guarantees by ordinance…

2Cases cited6 opinions

  1. Beard v. City of HopkinsvilleCourt of Appeals of Kentucky · 1894
  2. Roberts v. City of LouisvilleCourt of Appeals of Kentucky · 1891
  3. Board of Education v. Board of Trustees of Public LibraryCourt of Appeals of Kentucky · 1902
  4. Keith v. JohnsonCourt of Appeals of Kentucky · 1900
  5. City Council v. PowellCourt of Appeals of Kentucky · 1894

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3Cited by13 opinions

  1. City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
  2. Carman v. Hickman CountyCourt of Appeals of Kentucky · 1919
  3. Lambert v. Bd. Trustees Public LibraryCourt of Appeals of Kentucky · 1913
  4. Davis v. Bd. of Ed. of City of NewportCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Alvey v. BrighamCourt of Appeals of Kentucky (pre-1976) · 1940

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