Miller v. Johnson
Court of Appeals of Kentucky
Case 108 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. When tlje people accepted and approved the constitution submitted to them under the Ordinance of April 11, 1891, the powers of the convention were exhausted, and the document thereafter promulgated by the convention, being a new and different one from that voted on by the people, is void. (Act May 3, 1890, 1 Sess. Acts, 1889-90, 124; Cooley’s Const. Limit., 31, 32 and 33; Jameson on Const.
Read the full summary
Case 108 — PETITION EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. When tlje people accepted and approved the constitution submitted to them under the Ordinance of April 11, 1891, the powers of the convention were exhausted, and the document thereafter promulgated by the convention, being a new and different one from that voted on by the people, is void. (Act May 3, 1890, 1 Sess. Acts, 1889-90, 124; Cooley’s Const. Limit., 31, 32 and 33; Jameson on Const. Conv., secs. 377, 409, 410, 411, 412 and 413; Wells v. Bain, 75 Pa. St., 39; Woods’ Appeal, 75 Pa. St., 59;. State v. Tufly, 19 Nev., 391;…
1Opinion of the Court
CHIBE JUSTICE HOLT
delivered the opinion of the court.
The question presented is a grave and exceedingly important one. It- reaches to the very foundation of constitutional government. Little aid in arriving at a correct solution of it is furnished by precedent. Little, if indeed any, authority of direct bearing can be found.
Under the provisions of the Constitution of 1849, steps were taken to form a new one. We must assume, in-view of what has taken place, that they were legal. As the result the Legislature passed the Act of May 8, 1890,. *591providing for the calling of a convention for such…
2Cases cited2 opinions
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- State ex rel. Stevenson v. TuflyNevada Supreme Court · 1887
3Cited by28 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- Ellingham v. DyeIndiana Supreme Court · 1912
- Johnson v. CraftSupreme Court of Alabama · 1921
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- McCreary v. SpeerCourt of Appeals of Kentucky · 1914
23 more not listed; retrieve them via the Exa API.