119 Ky. 407 | Ky. Ct. App. | 1905
Opinion of the court by
Affirming.
By the statutes of this State foreign insurance companies are required on the 1st day of July in each year to return to the Auditor of Public Accounts a statement under oath of all premiums received since their last report, and at the same time pay into the State treasury a tax of $2 upon each $100 of'premiums received. The Superintendent of Public Instruction, conceiving that a part of the funds arising from .this tax should be paid into the school fund, brought this action against the auditor, charging that something over $130,000 was due on this account to the school fund for the present fiscal year, and praying judgment therefor. The circuit court sustained a demurrer to the petition, and the superintendent appeals.
By section 4019, Kentucky Statutes, 1903, an annual tax of 50 cents is levied upon each $100 of value of all property assessed for taxation: Twenty-two and one-half cents for the ordinary expenses of the government, twenty-two cents for the support of the common schools, five cents for the use of the sinking fund, and one-half of one cent for the Agricultural and Mechanical College. In section 4370, Kentucky Statutes, 1903, in specifying what shall constitute the school fund, after other provisions not here material, are the following: “(5) The annual tax of twenty-two cents on each one hundred dollars of value of all real and personal estate and cor
Judgment affirmed.