82 S.W.2d 794 | Ky. Ct. App. | 1935
Affirming.
On January 19, 1935, the fiscal court of Graves county adopted the following order:
"It appearing that the Fiscal Court has failed to re-employ the road agents of Graves County for the year 1935, and it now appearing that there is no one in such authority charged with the maintenance and supervision of the public roads of Graves County; and it further appearing that the system heretofore followed has proven unsatisfactory; and it further appearing that Graves County has heretofore and does now maintain a system of free turnpikes, motion was this day made by member W.O. Rodgers and seconded by member R.T. Ligon, that Graves County on and after this date adopt the free *534 turnpike system of operation in maintaining its public road. A vote being called upon said motion, all members present voting yea, except W.B. Sullivan, voted no. It is, therefore, declared that said motion is carried and that from and after this date Graves County maintain her public roads under the free turnpike system, and that members of this court representing the various Magisterial Districts of Graves County be and they are hereby appointed a committee to supervise the construction, maintenance and reconstruction of the public roads, bridges, culverts and drainage system for the respective districts in which such member resides, viz: District No. 1, J.O. Coletharp; District No. 2, Vernon Easley; District No. 3, W.G. Wilson; District No. 4, W.O. Rodgers; District No. 5, J.C. Turner; District No. 6, R.T. Ligon; District No. 7, J.E. Wilson and District No. 8, Luther Harpole."
On the same day it adopted a second order providing that each member of the fiscal court who served as a committee in supervising and maintaining the public roads of his district should be paid for his services at the rate of $3 per day.
For the purpose of testing the validity of the two orders the county attorney excepted thereto and was granted an appeal to the Graves circuit court. Being of the opinion that the orders were valid, the circuit court sustained a demurrer to the statement and amended statement of appeal, and entered a judgment dismissing the appeal. From that judgment this appeal is prosecuted.
Section 1845, Kentucky Statutes, reads as follows:
*535"The members of the court, except the county judge, shall be entitled to $6 per day for each day they are engaged in holding fiscal court, and also for each day they are engaged in actual attendance at the meeting of said court; said compensation to be allowed by said court and paid out of the county levy; provided, that no compensation shall be allowed the members of said court for attendance at the meeting[s] of the committees thereof except in those counties that maintain a system of free turnpikes under the control and supervision of the fiscal court."
We have had the proviso before us in several cases and have held that in counties maintaining a "system of free turnpikes" the members of the fiscal court are entitled to compensation for committee work in looking after the roads. Flowers v. Logan County,
Judgment affirmed.