The central record. (Lancaster, Ky.) 18??-current, 1915-04-01
SCHOOL Wins BY DECISION
OF COURT OF APPEALS
IN BUENA VISTA TAX SUIT.

The law suit over the collection of
tax in the Buena Vista Consolidated
district has now been finally disposed
Of by the opinion of the Court of APP
peals IN favor of the school. Miss
Jennie Higgins, Superintendent of
Schools, Miss Rubles, one of the teach
ers in the school. Messrs X. ID. McMur-
try andIA ID. Scott, County Attorney
&. {. Walker and k. II Tomlinson
heard the case argued IN the Court of
Appeals last Thursday by Col. f. II.
Gather of Harrodsburg XIV. for the
taxpayers and 10y Mr.. j. Z. Robinson
for the school.
Both the attorneys in the case and
the School Board are being warmly
congratulated upon the quick DISPOSE
ton of this law suit and the favorable
outcome. Quite good deal of interest
was manifested in the case AS it was
understood that the future of the
Buena Vista school depended upon the
winning of the suit. The case involved
the construction of the law enacted by
the 1912 Legislature providing for
transportation of pupils to and from
school. The Buena Vista school is one
of the first to undertake such a task
and has made such pronounced sue
cess that this school has attracted at
tention from the entire school interest
of the state. The proof in the case
shows that daily average of les pu-
pills attend this school and are hauled tc
and from school in wagons, some ads
lance of five miles. 1t is now greatly
to be hoped that all the citizens of this
district will cast aside any feeling that
may have been caused over the lawsuit
and will unite in making this school
not only the pride Of the locality and
county but the entire state. We give
here portion of the opinion of the
Court;
COURT OF APPEALS OF KY.
Ii. 5. Christopher, ct al. Appellants.
VS..
B + Robinson, sheriff. ct al, Appellees
Motion to Dissolve Injunctiou-O Opinion
of the Court by Judge Carroll
Sustaining.
This is a motion made before me to
dissolve an injunction issued by the
Judge Of the Garrard circuit court re-
straining the collection of a school tax
in consolidated school district number
10 in Garrard county. The record con-
sists Of the petition. exhibits and
affidavits. The real purpose OF
the suit is to enjoin the collection OF
the tax voted at the October election,
1918. The validity Of the tax voted in
February is not seriously questioned.
| might further add that counsel for
the plaintiffs frankly stated that the
PLAINTIFFS DESIRED A DECIS-
/ ION ON THE MERITS OF THE
CASE. They want to know il one tax
after another can be voted until in the
judgment of the trustees a sufficient
sum has been raised to conduct the
school according to their notion.
Whether the board of education had
the right to order an election to be held
in October, 1913, for the purpose of as,
pertaining the will Of the people upon
the subject of the additional tax pro,
posed, and whether the people had the
right TO vote the tax which they did
vote, are the questions involved upon
this appeal. -.
| limit the inquiry to this section OF
the Statutes because if the authority
TO do what was done cannot there be
found, there was no authority for it.
II therefore seems that it was the
manifest purpose Of the Legislature to
give to the people in these consolidated
districts a free hand in the imposition
of taxes. This statute is complete in
itself upon this subject. II does not
depend upon any other statute. nor is
il necessary to consider any other in
its construction. Where there is, as in
this case, no statutory limit, the power
TO levy property and poll taxes for
school purposes is committed to the
people of the district. $3.50.
The section Of the statute quoted does
not limit either the amount Of property
or poll tax that may be levied, nor is
there any limitation on the number of
elections that may be held to increase
the tax TO such sum as will be suffici-