Commonwealth v. City of Frankfort

*830Opinion by

Judge Elliott :

In 1876 the attorney-general of the state filed a petition in the name of the appellant, in which it is charged that the board of councilmen of the city of Frankfort claimed that it had an unexhausted legislative privilege to raise large sums of money by running and operating a lottery for the benefit of the city school of Frankfort. It is further charged that the board of councilmen of the city of Frankfort claim that by legislative authority it has the authority to sell and transfer the lottery privileges, and that in 1875 it did undertake to sell and convey to one…