McGlone v. Womack
Court of Appeals of Kentucky
CASE 29. — ACTION BY JOHN B. WOMACK AND OTHERS AGAINST HENRY W. McGLONE, SHERIFF, TO TEST THE VALIDITY OF AN ACT IMPOSING A TAX ON DOGS. — June 17. Appeal from Carter Circuit Court. M. M. Redwine, Circuit Judge. Judgment for plaintiffs. Defendant appeals. — POINTS ARGUED AND AUTHORITIES. The Act of the General- Assembly approved. March 1, 1906, considered: 1. This Act does not levy a tax under sec. 171 of the Constitution.
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CASE 29. — ACTION BY JOHN B. WOMACK AND OTHERS AGAINST HENRY W. McGLONE, SHERIFF, TO TEST THE VALIDITY OF AN ACT IMPOSING A TAX ON DOGS. — June 17. Appeal from Carter Circuit Court. M. M. Redwine, Circuit Judge. Judgment for plaintiffs. Defendant appeals. — POINTS ARGUED AND AUTHORITIES. The Act of the General- Assembly approved. March 1, 1906, considered: 1. This Act does not levy a tax under sec. 171 of the Constitution. (Constitution of Ky., secs. 171, 172.) 2. The Act of March 1st, 1906, i» a valid exercise of the police powers of the State. (Ex Parte Cooper, 3 Texas, 489; 30 Am. Rep.,…
1Opinion of the Court
Opinion of the Court by
Judge Barker —
Seversing..
This action was instituted by appellees, citizens of Carter county, Ky., and owners of dogs, to test the validity of an act of the General Assembly of the Commonwealth of Kentucky, approved March 1, 1906, entitled “An Act to promote the sheep industry and to-provide a tax on dogs.” Acts 1906, p. 25, c. 10. By *278the first and second sections of the act a license tax of $1 per capita is required to be assessed upon every dog four months old within the Commonwealth, which the owner of the' animal is required to pay. This tax is required to be levied…
2Cases cited22 opinions
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