The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-15
COUNTY
HAS POWER
May Vote Money for
StubblefeId Home
DECIS!HN In PARALLEL CASE
Supreme Court of Kentucky Says
County Courts Have Power to
Aid Private Charities.

In view of the opinion of the county
attorney that the board of commits
sioners have no legal right to appro
pirate any sum for the aid OF the
Stubblefield home for INDECENT wild
ows and orphans, the following decls
ion rendered by the supreme court OF
the state Of Kentucky in the case OF
the Orphan Society of Lexington VS.
Payette County will be of interest:
The terrible ravages of the cholera
in the memorable year Of 1888 left
many infant children in Lexington
and the county of Fayette in a help
less state of total Orphanage and des-
titutiOn dependent on that city and
county for shelter and maintenance.
Most Of them were females, as unfit
for a pOOrhOuse as it was unbehttlng
their age and sex To rescue as many
orphans as possible, and train them to
usefulness. some benevolent ladies
procured a legislative charter incOr-
pOrating themselves ard successors
as the Orphan Society Of Lexington, -
without any other endowment than Or
binary charity. In the year 1884 they
organized themselves as a corporate
body under the management of TWEEN
ty-four of their number as curators,
and soon procured a house and
ground in the suburbs Of the city of
Lexington as the seat of their instl-
buttons. and proceeded to illustrate
the beneficence of their noble enter
prise. which has ever since admir-
bly, succeeded in its aim of comforts,
moral culture and Intellectual de-
VelOpment In 1868 the inmates had
increased to the number of twenty
five, in nearly equal proportions from
the city and county, when, finding
their buildings too small for the COM
Portable Accommodations OF even that
number. and altogether unfit for more
who were seeking that asylum, they
enlarged and remOdeled the structure
at a cost exceeding their available
contributions by personal charity
about $25O0; and they invoked the aid
Of the city council Of Lexington and
of the county court of claims of Fay
cite for supplying the deficit. These
authorities responded literally to
their appeal the city appropriating
$1,000 and the county $500 to the So
ciety in its fduciaI capacity. From its
foundations the city and county had
oh ,+tr,JN ~ q
corporation. But at the instance of
the county judge a petition in equity
was filed in the Fayette circuit court,
in the name of that county, for en-
joining the payment of any portion of
the amount last appropriated by the
county court, on the ground of the
alleged want Of jurisdiction to make
that contribution. A demurrer to the
answer. alleging the foregoing and
other facts, was sustained. AMI there
upon the injunction was perpetuated
by the Judgment of the court. now to
be revised on this appeal.
Under the constitution and author
lied enactment Of the legislature
while the presiding Judge of Fayette
is the county court for most purposes
the justices Of the peace associated
with him constitute the county court
for levying and appropriating local
taxes: and this is therefore the "coun
ty court for fiscal purposes. and in
exercising that jurisdiction it acts as
the county court" Of F2yett: conse
Quently. if any local authority had
power TO make the appropriation liti
gated IN this case. the court that
made il had that jurisdiction.
1t IS the interest. as well as the du
ty, OF the commonwealth to take care
Of the HELPLESS poor who can not take
proper care OF themselves: and as
parens patriae. she has confded tina
curative trust to the county courts a,
her organic representatives
Article 10. chapter q. revised stat
utes, provides that the fiscal count,
courts. called courts of claims. sbaI
nave Jurisdiction: First. TO Law an,
superlntend the collection and dis
Dursement Of the county lew" sec
ono. TO erect, superintend. and renal
all needtul public buildings and struc
lures; third, TO superintend an,
control the fiscal affairs and propert,
OF lhe county, and to make provisio,
Ior the maintenance of the moor
And Article q provides that "th.
Justices OF the peace shall sit witt
the presiding Judge of the court O
GAINS and constitute the court
MS last provision was prudently con
sentative.
Chapter rs of the revised statute
8u'norlzeS the county court to bu7