Harrodsburg Educational District No. 28 v. Trustees of Colored School District, No. 1
Court of Appeals of Kentucky
Case 85 — AGREED CASE 3.The fund raised by appellant is not raised under any sections of the Kentucky Statutes but under its special charter. 2. The appellee is entitled to none of this fund because it has never voted or collected any local tax. 3. The agreed facts show that the colored common school district is not located over the same.boundary as the white school district, but a very much larger territory. 4. Section 4101 of the statute is unconstitutional.
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Case 85 — AGREED CASE 3.The fund raised by appellant is not raised under any sections of the Kentucky Statutes but under its special charter. 2. The appellee is entitled to none of this fund because it has never voted or collected any local tax. 3. The agreed facts show that the colored common school district is not located over the same.boundary as the white school district, but a very much larger territory. 4. Section 4101 of the statute is unconstitutional. Pineville Graded School v. Bell County Coke & Improvement Co., 96 Ky., 68. 5. The section referred to must be deemed to have been…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
This case is presented on an agreed statement of facts, and presents tbe question as to the division, if any, of certain funds collected from a railroad company as taxes at the rate levied by 'appellant, a white school district.
Section 4101 of the Kentucky Statutes, being section 6 of article 4 (entitled “Assessment of and Payment of Taxes by Railroads)” of an act of November 11, 1892 (entitled “Revenue and Taxation),” reads as follows: “The provisions of this law shall not be construed to apply to any colored school district: provided, that the…
2Cited by6 opinions
- Allen, Sheriff v. Elkhorn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1925
- Hickman College v. Trustees Colored Common School District ACourt of Appeals of Kentucky · 1901
- Crosby v. MayfieldCourt of Appeals of Kentucky · 1909
- Thornton v. WhiteCourt of Appeals of Kentucky · 1915
- Board of Trustees Pembroke Graded School v. WestCourt of Appeals of Kentucky · 1915
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