Board of Aldermen v. City of Covington
Court of Appeals of Kentucky
CASE 38. — PROCEEDINGS BY THE CITY OP COVINGTON AGAINST THE BOARD OP ALDERMEN, AND ALSO BY SAID CITY AGAINST W. H. RANSHAW AND OTHERS, BOTH CASES HEARD TOGETHER.— June 20. Appeal from Kenton Circuit Judge. W. MeD. Shaw, Circuit Judge.
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CASE 38. — PROCEEDINGS BY THE CITY OP COVINGTON AGAINST THE BOARD OP ALDERMEN, AND ALSO BY SAID CITY AGAINST W. H. RANSHAW AND OTHERS, BOTH CASES HEARD TOGETHER.— June 20. Appeal from Kenton Circuit Judge. W. MeD. Shaw, Circuit Judge. Prom the judgment both, parties appeal — POINT 3 AND AUTHORITIES. 1. The office of overseer of the street cleaning department which the council attempts to create by ordinance is not such an office as- it can create. 2. There is no inherent power in the council to create offices or officers. . CITATIONS. Ky. Stats., sections. 3118, 3172; Acts 1850, 239; Lowery…
1Opinion of the Court
Opinion op the Court by
Judge Carroll —
Affirming.
These two appeals, involving the same question of law, will be disposed of together. The only question in the eases is: Can the board of councilmen of the city of Covington create the position of overseer of the street cleaning department and elect a person to hold such position ? The board of councilmen contend that they may do this, while the mayor and the superintendent of public works contend that the council has no power to create this place or appoint or elect a person to fill it.
Section 3118 of the Kentucky Statutes of 1903 provides in…
2Cited by3 opinions
- Board of Aldermen of City of Ashland v. HuntCourt of Appeals of Kentucky (pre-1976) · 1940
- Rowland v. HayesSupreme Court of Connecticut · 1938
- Blanks, Mayor v. ToombsCourt of Appeals of Kentucky (pre-1976) · 1929