City Louisville v. Commonwealth for School Board
Court of Appeals of Kentucky
CASE 59. — MANDAMUS BY THE COMMONWEALTH FOR, THE USE AND BENEFIT OF THE LOUISVILLE SCHOOL BOARD. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division.) . Judgment for relator and respondent appeals. — 1. The Legislature can neither impose taxes in the City of Louisville bj a special act, nor by a special act require the city to impose such taxes. 2. All taxes imposed by the Legislature must be uniform on all property in the State. 3. The system of common…
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CASE 59. — MANDAMUS BY THE COMMONWEALTH FOR, THE USE AND BENEFIT OF THE LOUISVILLE SCHOOL BOARD. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division.) . Judgment for relator and respondent appeals. — 1. The Legislature can neither impose taxes in the City of Louisville bj a special act, nor by a special act require the city to impose such taxes. 2. All taxes imposed by the Legislature must be uniform on all property in the State. 3. The system of common schools provided for by the Constitution, was intended to be general, governed and aided in all parts of the State in the…
1Opinion of the Court
Opinion op the court by
Judge O’Rear
— Affirming.
By an act of the Legislature of 1908, approved March 24,1908 (Acts 1908, p. 156, c. 61), the minimum levy of taxes for school purposes in cities of the first class was fixed at 36 cents on the $100. This appeal involves the constitutionality of that act.
The question arises out of these facts: The Louisville School Board, an administrative agency created by the Legislature by the act of July 1, 1893 (Laws 1891-93, p. 1307, c. 244, Sec. 166), having control of the public schools of that city, presented to the general council of Louisville their…
2Cases cited6 opinions
- Holzhauer v. City of NewportCourt of Appeals of Kentucky · 1893
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- City of Louisville v. Louisville School BoardCourt of Appeals of Kentucky · 1905
- City of Henderson v. LambertCourt of Appeals of Kentucky · 1871
- Bamberger, Bloom & Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Rose v. Council for Better Education, Inc.Kentucky Supreme Court · 1989
- Pauley v. KellyWest Virginia Supreme Court · 1979
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- Paulson v. Minidoka County School District No. 331Idaho Supreme Court · 1970
- City of Louisville v. Board of EducationCourt of Appeals of Kentucky · 1913
42 more not listed; retrieve them via the Exa API.