Statutes, &c.-Schools and School Districts.
SCHOOLS AND SCHOOL DISTRICTS-
1. Suspension of Pupil-Reinstatement.-A pupil having been
suspended from school for "the remainder of the present
term," which expired April 29th, had no right to sue July
28th to require the trustees to allow him to re-enter school,
on the theory that he had been expelled, where an inspection
of the trustees' journal, which was open to their inspection
under the express terms. of Ky. St. 1903, section 4473, would
have shown suspension only. Cross, &c., v. Trustees Walton
Schools and School Districts.
SCHOOLS AND SCHOOL DISTRICTS-Continued-
2. Same Pleading-Evidence Not Supported by Pleadings-Ad-
missibility. In an action to require school trustees to allow
a pupil to enter school on the theory that he had been
expelled, he could not show that a resolution of the trustees
purporting to merely suspend him did not correctly state their
decision, or that it was not entered in the journal as adopted,
where neither the petition nor reply attacked the resolution
on either ground, nor alleged fraud or mistake in its form or
language.
Idem......
.....36
"Disobedience" "Insubordination' - Suspension
Grounds.-Ky. St. 1903, section 4367, requires common school
pupils to comply with legal regulations for their government,
and makes wilful disobedience or defiance of teachers' author-
ity, etc., ground for suspension. Section 4473 authorizes school
trustees to adopt such legal regulations as they may deem
necessary. The trustees of a common school gave the prin-
cipal general supervision over the pupils, and provided for
annual commencement exercises. Plaintiff, a pupil, was famil-
iar with the rules of the school. He was suspended for the
remainder of a term, three weeks, for refusing to take a part
in a dialogue in annual commencement exercises, as directed
by the principal. Held that, though he could ask to be
excused from taking the part assigned and give his reasons
for his request, if the principal regarded his reason insuf-
ficient, it was plaintiff's duty to obey, and his refusal to do
so constituted disobedience, and his continued disobedience
and refusal of offers permitting his return on taking another
part constituted insubordination, and was good cause for the
suspension.
4. Same-1 rustees' Action-Conclusiveness.-The action of the
trustees of a common school in approving the suspension of a
pupil for disobedience is conclusive, and not subject to judi-
cial interference, unless they acted arbitrarily or maliciously.
Idem
.....36
5. Statutes-General and Special Laws-Constitutional Provisions
-Retroactive Effect.-The provisions of the Constitution
prohibiting special legislation and providing that taxation
must be levied by general laws did not repeal or make in-
operative special laws passed before its adoption, but it was
contemplated that such laws should remain in force until
changed by the Legislature, unless in conflict with some
constitutional provision. Smith, &c., v. Simmons, &c., ....93
6. Uniform System of Common Schools.-The Constitution pro
Schools and School Districts.
SCHOOLS AND SCHOOL DISTRICTS-Continued—
vides that there shall be a uniform system of common schools.
Act March 4, 1888 (2 Laws 1887-88, p. 376, c. 637), incorpo-
rated a common school district, and provided for a local tax
for its support. Held, that the provision for a local tax to
furnish a better school than the common school fund alone
would afford did not change the character of the school as a
common school, and was not an infringement of the consti-
tutional provision. Idem...
7. Actions-Authority of County Superintendents.-Ky. St. 1903,
section 4422, as amended by Act March, 1902, creating a
county board of examiners, to consist of the county superin-
tendent and two others, and sections 4423, 4424, requiring the
board to adopt a list of text-books and a seller of text-books
to give a bond that the text-books sold shall not exceed the
lowest price at which the same books are sold by the seller
elsewhere, and requiring the county superintendent to bring
suit for a forfeiture of such bond, etc., authorize the county
superintendent to sue for a forfeiture of the bond, collect the
same, and pay the proceeds into the county school fund; but
he cannot accept in satisfaction of a judgment less than
the whole thereof, and his act in accepting a note for a less
sum and entering satisfaction of the judgment is void. D. C.
Heath & Co. v. Commonwealth..
.835
Action of County Superintendent-Estoppel.-An action by a
county superintendent to recover on a note given in satisfac-
tion of a judgment of forfeiture of the bond required by Ky.
St. 1903, section 4424, requiring a seller of text-books to enter
into a bond that he will sell text-books for a price not ex-
ceeaing the lowest price at which such books are sold by him
elsewhere, is unauthorized, and does not estop the State from
suing to set aside the satisfaction of the judgment by the
county superintendent on receipt of such note. Idem.....835
9. Bonds-Actions-Satisfaction of Judgment-Suit to Set Aside.
-Under Civil Code Prac., sections 18, 21, requiring every
action to be brought by the real party in interest, and pro-
viding that a person expressly authorized to do so may sue
without joining the person for whose benefit it is brought,
the Commonwealth is the real party in interest in an action
on a bond required by Ky. St. 1903, section 4424, requiring a
seller of text-books to give a bond that he will sell books at
a price not exceeding the lowest price at which such books
are sold by him elsewhere, where an action to set aside a
satisfaction of the judgment rendered in an action on the
bond in the name of the Commonwealth and county supeřin-
Schools and School Districts-Taxation.
SCHOOLS AND SCHOOL DISTRICTS-Continued-
tendent is instituted in the same way, the superintendent
cannot dismiss the action against the objection of the county
attorney. Idem.......
....836
10. Bonds-Actions-Satisfaction of Judgment-Suit to Set Aside.
-Under Ky. St. 1903, section 130, requiring the county attor-
ney to inquire into unsatisfied judgments in favor of the
Commonwealth and take steps to collect the same, the county
attorney may compel the payment of a judgment of forfeiture
of a bond required by section 4424, requiring a seller of text-
books to give bond that such books shall be sold at a price
not exceeding the lowest price at which the same are sold
by him elsewhere, and he may object to the dismissal by
the county superintendent of an action to set aside a satis-
faction of such judgment improperly entered. Idem......836
SEPARATE COACHES-See Carriers 1.
SPECIAL JUDGES-See Judgments 2, 3, 4.
STREE IMPROVEMENT See Municipal Corporations 21 to 28.
1. Statutes-Subjects and Titles-Act to Promote Sheep Indus-
try. Act March 1, 1906 (Acts 1906, p. 25, c. 10), entitled "An
act to promote the sheep industry and to provide a tax on
dogs," is not repugnant to Const., section 51, providing that no
law enacted by the General Assembly shall relate to more
than one subject, which shall be expressed in the title, where
it is apparent that the subject-matter of the act is the pro-
motion of the sheep industry, and that this is accomplished
by the imposition of a tax on dogs for the purpose of creating
a fund to remunerate the owners of sheep killed by dogs.
McGlone, Sheriff, v. Womack, &c.,
...274
2. Licenses-Constitutional Restrictions-Public Purposes.-Act
March 1, 1906 (Acts 1906, p. 25, c. 10), providing for the
imposition of a tax on dogs to create a fund for the remunera-
tion of the owners of sheep for losses suffered by the killing
of their sheep by dogs, is not a revenue statute, but is a
police regulation for the keeping and ownership of dogs,
and therefore such statute is not repugnant to Const., section
171, providing that taxes shall not be levied for other than
public purposes. Idem..
....274
3. Same-Taxation According to Value.-Act March 1, 1906
Acts 1906, p. 25, c. 10), providing for the imposition of a
tax on dogs to create a fund for the remuneration of the
owners of sheep suffering losses from the killing of sheep
by dogs, is not a revenue measure, but is a police regulation
of the keeping and ownership of dogs, and therefore is not
repugnant to Const., sections 172, 174, providing that all
property not exempt from taxation shall be assessed at its
fair cash value, and taxed in proportion thereto. Idem...274
4. Same-Regulation of Dogs-Killing Sheep-Remuneration of
Owners of Sheep.-Act March 1, 1906 (Acts 1906, p. 25, c. 10),
providing for the imposition of a tax on dogs for the creation
of a fund to remunerate owners of sheep for losses arising
from the killing of sheep by dogs, is a valid exercise of the
police power of the Legislature to regulate the keeping and
ownership of dogs. Idem....
....274
5. Same Collection of License Tax-Compensation of Collector.
-Act March 1, 1906 (Acts 1906, p. 25, c. 10), providing for a
license tax on dogs to provide a fund for the remuneration
of the owners of sheep suffering losses from dogs, and pro-
viding that the tax shall be assessed and collected as other
taxes, is not invalid for failure to provide compensation to
the sheriff for collecting the tax, since it is apparent from
the act that the gross amount of the dog tax collected is fo
be added to the total amount of the revenue tax collected,
and upon the whole amount the officer's remuneration is fixed
by Ky. St. 1903, sec. 4148. Idem......
..274
6. Levy Statement of Purpose of Tax.-Under Constitution, sec-
tion 180, providing that every ordinance of any county, etc.,
levying a tax shall specify "distinctly the purpose for which"
the tax is levied, an order of the fiscal court levying a tax
of 50 cents on the $100 valuation and $1.50 poll tax on each
poll is void for failing to designate the purpose for which
the tax is levied, though Ky. St. 1903, section 1839, authorizes
the fiscal court to levy each year for county purposes a poll
tax not exceeding $1.50 and an ad valorem tax not exceeding
50 cents on each $100 worth of property. C. O. & S.-W. R. R.
Co. v. Commonwealth to use of Keown....
...318
Sale of Property of One for Taxes of Another.-Taxes against
a man not being a lien on his wife's property, sale of such
property for such taxes is void. Brocking v. O'Bryan.....543
8. Same Purchase at Void Tax Sale-Remedies of Owner.-The
purchaser of property at a void tax sale, who takes it and
converts it to his own use, is liable to the owner for con-
version, though the owner may, at his election, sue for the
property. Idem....
.543
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