198 Ky. 248 | Ky. Ct. App. | 1923
Opinion op the Court by
Reversing.
In the year 1918 the legislature passed an act (c. 18, Acts 1918) “for the benefit of West Kentucky Industrial College, making appropriations therefor, providing for state ownership .of lands bought and improved, and prescribing regulations for the control of ©aid institution.”
By the act the sum of $3,000.00 was appropriated annually for the maintenance and operation of the college, and the sum of $5,000.00 for completing and equipping the building then in use,-and the payment of debts against the same. The appropriations were made on the condition that the college gave free tuition to colored teachers taking a training course to teach in the colored common schools of Kentucky, and to colored boys and
The act further provided that thfe president of the college, the superintendent of schools of McCracken county and three trustees to be appointed by the Governor should constitute the board of trustees, who should have general supervision of its affairs and the expenditure of the appropriation therein made.
The board of trustees adopted a by-law, which, after conferring other powers on the president of the institution, contains the following provision:
“He shall nominate the teachers to be confirmed by the board of trustees. The trustees may reject his nomination, in which case the president nominates and continues to nominate until the nomination is accepted by the board.”
In the year 1922, the legislature passed an “Act (c. 100, Acts 1922) for the benefit of the West Kentucky Industrial College, established at Paducah, Kentucky, making appropriations thereto.” After a long preamble setting forth the advantages to be derived from the continued operation of the college, and reciting that the small appropriations theretofore made, though insufficient to put the institution on a proper basis, had had the effect of retarding any assistance by way of private donation, and that the institution would have, to close unless the Commonwealth gave it the assistance which it needed and deserved, the body of the act is as follows:
“Sec. 1. That there be and now is. appropriated out of any unappropriated moneys in the treasury of the Commonwealth, the sum of six thousand ($6,000.00) dollars for the purpose of improvements to the buildings and grounds of the West Kentucky Industrial College, and to said institution an annual appropriation of fifteen thousand ($15,000.00) dollars for the support and maintenance thereof.
“The appropriations hereby made shall be paid out in the manner now authorized by law or may hereafter be authorized by law concerning appropriations to said college.”
T. B. Steward, who taught in the college for the school year commencing July 1, 1921, and ending June
In their answer the defendants admitted that they had declined to approve the claim of plaintiff because they were in doubt as to their right to apply to the payment of expenses incurred during the fiscal year beginning July 1, 1921, and ending June 30, 1922, the funds appropriated by the act of 1922. They further stated that there were other claims similar to those of plaintiff, and that if they were all paid out of the appropriation of 1922, it would seriously cripple the college, and asked that only one-half the claim be paid out of the appropriation of 1922 and the other half out of the appropriation for 1923., They also admitted that while they did not act upon the recommendations of the president because of insufficient funds, the services of plaintiff and the other teachers were rendered with their approval and acquiescence.
By consent of the parties the case was submitted on the pleadings, and the court held that plaintiff was- entitled to the relief prayed for, and entered an order of injunction requiring the defendants -to certify plaintiff’s claim for payment and directing the treasurer of the board to pay one-half of the claim out of the appropriation for the year 1922, and the other half out of the appropriation for the year 1923. The defendants appeal.
An appropriation by the legislature is the setting apart of a particular sum of money for a specific purpose, and the question is- whether the legislature intended that any portion of the sums appropriated by the act of 1922 should be applied to the payment of Steward’s claim. Sometimes lump -sums are appropriated “for
Judgment reversed and cause remanded with directions to dismiss the petition.