Higgins v. Prater
Court of Appeals of Kentucky
Case 2 — PETITIONS EQUITY APPEAL FROM MAGOFFIN CIRCUIT COURT, APPEAL FROM LOUISVILLE CHANCERY COURT. So much of the act of 1880 as provides for the imposition of a tax of one-half of one cent on each one hundred dollars’ worth of taxable property owned by the tax-payers of the State is in conflict with the provisions of section 1, article 11, of the Constitution.
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Case 2 — PETITIONS EQUITY APPEAL FROM MAGOFFIN CIRCUIT COURT, APPEAL FROM LOUISVILLE CHANCERY COURT. So much of the act of 1880 as provides for the imposition of a tax of one-half of one cent on each one hundred dollars’ worth of taxable property owned by the tax-payers of the State is in conflict with the provisions of section 1, article 11, of the Constitution. The Constitution was intended to take from the Legislature the power to use any portion of any public fund raised by the State for the purposes of eduation, by taxation or otherwise, for the support or maintenance of any institution…
1Opinion of the Court
CHIFF JUSTICE HOLT
delivered the opinion ob the cotin
• The question presented in these cases is not only an important, but a delicate one. Delicate, because we must determine whether a legislative act is constitutional ; and important, because it relates to education, which has been said to be the birthright of every child born in a republic. Its consideration has been delayed *9because of repeated legislative agitation upon the subject ; but, as a convention is now in session, framing a proposed organic law for the State, it is proper that it should be decided.
Our Legislature, in 1880, passed a…
2Cases cited3 opinions
- Collins v. HendersonCourt of Appeals of Kentucky · 1874
- Halbert v. SparksCourt of Appeals of Kentucky · 1872
- Auditor v. HollandCourt of Appeals of Kentucky · 1875
3Cited by17 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Trustees of Kentucky Female Orphan School v. City of LouisvilleCourt of Appeals of Kentucky · 1896
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- Warfield Natural Gas Co. v. WardCourt of Appeals of Kentucky (pre-1976) · 1940
- Board of Education v. Board of Trustees of Public LibraryCourt of Appeals of Kentucky · 1902
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