166 S.W.2d 427 | Ky. Ct. App. | 1942
Reversing.
By the enactment of Chapter 80 of the Session Acts of 1914, Page 338, the Legislature of this Commonwealth created the office of County Road Engineer. The parts of the chapter creating such office begin with Section 39 of that Act and are contained in Section 4325 et seq., of *558
Baldwin's 1936 Revision of Carroll's Kentucky Statutes, and Section
The appellant and plaintiff below, Mark Beauchamp, as county judge of Jefferson County, filed this declaratory judgment action in the Jefferson Circuit Court against the other three commissioners of the county, as members of the Jefferson County Fiscal Court, and in his petition he averred the foregoing facts, and then attacked the validity of the 1918 amendment as violative of Sections 59, 60 and 141 of our Constitution. The first two dealing with special legislation, and the last one (141) prescribes that: "The jurisdiction of the County Court shall be uniform throughout the State, and shall be regulated by general law, and until changed, shall be the same as now vested in the County Courts of this State by law." The answer of defendants admitted the facts constituting the controversy and joined in the prayer of a declaration of rights of the parties in the premises. The case was then submitted to the court for judgment and that tribunal upheld the validity of the 1918 amendment, thereby rejecting the contentions of appellant to its validity. From that judgment, plaintiff prosecutes this appeal.
It is argued by learned counsel for appellee that the amendment is not violative of Sections 59 and 60 of our Constitution as being special legislation inhibited by those sections, since the Legislature had the right of classification relating to the subject matter, and that legislation pursuant thereto was not inhibited by those sections, since the classification made by the 1918 amendment *559 was and is sustainable upon grounds underlying the right of classification adopted by the Legislature in enacting the attacked amendment. The same counsel also argues that the 1918 amendment is not inhibited by Section 141 of the Constitution, since that section relates only to uniformity ofjurisdiction of county courts throughout the State, and that the prescribed functions of the county judge with reference to the appointment of county road engineers, created by the 1914 Act, were not the exercise of functions pertaining to county courts within the contemplation of Section 141 of our Constitution. Therefore, the position is taken that the 1918 amendment was not inhibited by the section, and there being permissive classification for its enactment, it was not invalid for any of the reasons assigned in plaintiff's petition.
Since we have concluded that the 1918 amendment was and is prohibited by Section 141 of our Constitution, it becomes unnecessary to pass upon its validity as being in conflict with Sections 59 and 60 of the same Constitution, and the respective contentions of counsel for both sides upon that phase of the case will be passed without determination.
The argument of appellee's counsel in support of their contention that Section 141 of our Constitution relates to onlyjudicial functions of the county judge, and not to collateral duties imposed on him by law, is in direct conflict with our opinions in the cases of Fox v. Petty,
The final conclusion reached in the Petty opinion was thus expressed [
That excerpt was followed by an enumeration of many non-judicial functions possessed by county courts, and county judges presiding therein, at the time of the adoption of Section 141, upholding such matters as a part of the jurisdiction of county judges as then existing, and which were to continue until changed. The same views were followed by us in the case of Bristow v. Shrout,
It is contended, however, by learned counsel for appellee that the writer of this opinion also wrote the Bristow opinion and the opinion in the case of Walker v. Fox, County Judge,
We are also cited by learned counsel for appellees to the provisions of Sections 1055a-1 et seq. of the current edition of Carroll's Kentucky Statutes (25.490 in KRS), permitting judges of quarterly courts to appoint a clerk for such courts, but prescribing that in counties containing a city of the first class the judge might appoint more than one clerk. It is therefore argued that if the attacked amendment in this case was invalid as in conflict with Section 141 of our Constitution, then the last section of the statutes referred to would likewise be invalid. Other instances of a similar nature, wherein such classified enactments were made, as only locally applicable to such counties, are also cited in counsel's brief. But when examined, it will at once appear that the subject matter of such classified acts do not conflict with our adjudged definition of the word, "jurisdiction," contained in that section. For instance, the section of the Statute last referred to (1055a-1) did not vary, in the least, the *562 same authority given to judges of quarterly courts throughout the State, but only granted permission for the judge of the quarterly court for Jefferson County to have the right to appoint more than one clerk, because of the multiplied and greatly increased work of such courts in the classified county or counties. The more than one clerk that might be appointed in them by the judge of the quarterly court was not any invasion of power, authority and uniform jurisdiction, inhibited by the section of the Constitution under consideration, since the necessary amount of clerical assistance in such classified counties was the subject matter dealt with in the local act, and not the authority to make the appointment. If that act had prescribed that in such classified counties someone else should appoint a clerk or clerks of the quarterly courts, instead of the county judge, then, clearly, the Statute, if so enacted, would be in conflict with the same section of the Constitution, and, consequently, invalid.
We have not referred or attempted to discuss numerous opinions cited by counsel for the respective parties to the litigation, since none of them are directly in point (but only inferentially so), and none of them are in conflict with our opinions rendered in the Fox and Beauchamp cases, supra.
Wherefore, for the reasons stated, the judgment is reversed for proceedings consistent with this opinion.