The Hartford republican. (Hartford, Ky.) 18??-1926, 1922-09-08
To TEST LEGALITY
OF HIGHWAY BODY
Commission Named BY Last
Legislature Would
Clinch Jobs.

Frankfort, KY, Sept. Suit to
test the constitutionality of the Sim
mons State Highway Commission
passed by the last session Of the Gen
oral Assembly was filed in the
Franklin Circuit Court today by Will
liam l.. Sibert. OF Bowling Green;
M. L. Conley, of Morgan County, and
Leslie II. Samuels, of Bardstown,
against Joe S. Boggs, highway en-
gineer; II. Green Garrett, e. S.
MOnohan, Ben Weille and II. II. Ash
or, members Of the present commits
sion.
The suit was brought under the
declaratory act also passed by the
last Legislature which sizes per-
sons the privilege of ascertaining
their rights in advance "even tho an
actual controversy does not exist"
Leslie b. Samuels, one of the plain
tiffs in the suit, will probably be
made defendant as several days ago
Governor Morrow announced that he
had appointed Mr.. Samuels a mem
Der Of the commission to succeed Mr.
Monohan. of Louisville. who declin-
ed to serve longer owing to his health
and busine IS connections.
Under the provisions of the bill the
plaintiffs TO the suit and Mr.. Weille.
n member of the present board, were
made members of the highway COM
mission with Mr. Sibert az chair
man. The act provided that they
were TO assume their duties on the
first Monday in January 1928.
Received Nineteen Votes.
When the bill passed the Senate IT
received but nineteen votes. Lieut.
enant Governor Ballard declined to
sign the measure on the grounds that
Il carried an appropriation and
should have received twenty votes.
This notation was made on the bill
by the lieutenant governor and when
the measure was presented to Gov
ernor Morrow he declined to receive
it as an official act OF the Lgisla-
ture."
The bill was passed in the Senate
by a strict party vote after an all
day and all-night session OF the long
est filibuster in the history Of the
Kentucky Legislature.
In their petition the plaintiffs al
lege that by the provisions OF the
act State Highway commission was
created, composed of plaintiffs and |
the defendant. Ben Weille, and the |
plaintiff, William L. Sibert, was by |
said act appointed chairman Of said !
commission. Under THE provisions |
of said act said commission suppressed |
cd the present commission, composed |
of II. Green Garrett, II. II. Asher, Ben |
While and Ed S. Monahan.
THE defendant, Joe s. Boggs, is /
state highway engineer under ap-
pointment by his co-defendants.
Claim Act Is Valid.
QnueT lHlS ACT as pdSstu Dy inc :
1922 General Assembly the duties of
the plaintiffs and defendant Weille
as mem bers Of the newly created
highway commission begin the first
Monday in January 1928. and plain
tiffs state that They are advised that
said act is valid and that on said
date they will be expected and re-
quired TO assume control of the pub
Tic highways of the Commonwealth:
but thy state that the defendants
question their right to assume the
duties of said offices, claiming that
said act is in conflict with the provi-
sons of the constitution
plaintiffs state further that an
actual controversy exists as to their
title TO the aforesaid office as mem
bars of the newly created highway
commission and that they and de-
PENDANTS are DESTROYS that the re-