State ex rel. Faulconer v. Board of County Commissioners

The opinion of the court was delivered by

West, J.:

By section 5 of chapter 245 of the Laws of 1909, Cowley county for current expenses is limited to a levy of 1.12 mills. Pursuant to the provisions of section 33 of chapter 248 of the Laws of 1911 the county board levied 1 mill road tax in addition to the levy for current expenses. This suit was brought to enjoin the collection of this tax, and the plaintiff taxpayers assert that the levy was void and in excess of the limit fixed by section 5 of the act of 1909 — in other words, that a road tax is a part of the current expense tax and is not…