Auditor v. Holland
Court of Appeals of Kentucky
Case 24 — MANDAMUS APPEAL PROM PRANK LIN CIRCUIT COURT. 1. The constitution (section 1, article 11) imposes upon the General Assembly the duty of investing the surplus school-fund, and it has no power to authorize any officer, court, or person to draw any part of it from the treasury for any purpose whatever, and therefore the act under which the appellee makes his demand is unconstitutional. 2. “ Fund,” as used in said section of the constitution, means an invested sum…
Read the full summary
Case 24 — MANDAMUS APPEAL PROM PRANK LIN CIRCUIT COURT. 1. The constitution (section 1, article 11) imposes upon the General Assembly the duty of investing the surplus school-fund, and it has no power to authorize any officer, court, or person to draw any part of it from the treasury for any purpose whatever, and therefore the act under which the appellee makes his demand is unconstitutional. 2. “ Fund,” as used in said section of the constitution, means an invested sum whose income is devoted to a specific object. “ Invest ” means to so place that it will be safe and- yield a profit. » 1.…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The sole question presented by this record is whether an act entitled “ An act for the benefit of common schools in Marshall, Livingston, and McCracken counties,” approved February 23, 1874, Acts 1873-4, page 483, is constitutional or not. The act is in these words :
“§ 1. Be it enaeted by the General Assembly of the Commonwealth of Kentucky, That the common-school commissioners of Marshall, Livingston, and McCracken counties shall each be, and he is hereby, authorized and empowered to draw from the State Treasury the amount and bonded surplus of…
2Cases cited1 opinion
- Halbert v. SparksCourt of Appeals of Kentucky · 1872
3Cited by9 opinions
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- City of Louisville v. LeathermanCourt of Appeals of Kentucky · 1896
- Williams v. Board of Trustees Stanton Common School DistrictCourt of Appeals of Kentucky · 1917
- Board of Education v. Board of Trustees of Public LibraryCourt of Appeals of Kentucky · 1902
- Higgins v. PraterCourt of Appeals of Kentucky · 1890
4 more not listed; retrieve them via the Exa API.