190 Ky. 29 | Ky. Ct. App. | 1920
Opinion of the Court by
Affirming.
An act of the General Assembly, which was approved March 17, 1914, is as follows:
“An act to further regulate the admission of inmates to the House of Reform.
“Be it enacted by the general assembly of the Commonwealth of Kentucky:
“1. No child under the ag'e of ten years shall be sentenced to or confined in the school of reform, or any state penal institution.
“2. When any child over ten years of age and under sixteen years of age shall be sentenced to, and confined in, the house of reform, the expense of conveying said child to the house of reform shall be paid by the county
“All laws and parts of laws in conflict with this act are hereby repealed.”
After the enactment of the foregoing statute, a considerable number of children between the ages of ten and sixteen years, and who had not been indicted upon any felony charge, were sentenced to and confined in the House of Reform by the county court of the county of McCracken, but, the judge of that court refused to make any order directing the treasurer of the county, or the person acting as treasurer, to forward to the Auditor of Public Accounts, at the end of each month, the amount due under the provisions of the statute for the maintenance of such children. On the 16th day of November, 1918, this action was instituted by the Commonwealth, of Kentucky upon the relation of the then Auditor of Public Accounts against the judge of the county court of Mc-Cracken county to require him to make a written order directing the sum then due, under the act from the county, to be paid by the treasurer and transmitted to the Auditor of Public Accounts. The county judge resisted the relief sought, upon the grounds, hereinafter considered, but, the action resulted in a judgment which sustained a demurrer to the statement of each of the grounds of defense relied upon, and the appellant declining to further plead, a judgment was rendered granting the entire relief sought in the petition. From that judgment, the present appeal has been prosecuted.
The action by the Commonwealth of Kentucky upon the relation of the Auditor of Public Accounts, is entirely predicated upon the provisions of the above quoted enactment of the.General Assembly, but, its validity is
(1) The second section of the act is in violation of section 51.
(2) The second section of the act violates section 47 of the Constitution, in that it is a statute for raising revenue, and had its origin in the senate, instead of in the house of representatives.
(3) The second section of the act violates section 171, of the Constitution, which requires uniformity and 'equality, in taxation.
(4) The act violates section 254, of the Constitution by the terms of which the Commonwealth is required to provide all supplies for convicts.
The objections to the statute, based upon its constitutional invalidity will be first considered, because if the act is void, for being in violation of any constitutional provision, the action must be determined for appellant, without further question.
(a) The contention, that the General Assembly failed to observe the requirements of section 51, of the Constitution in the enactment of the statute, is not tenable. That section of the Constitution provides, as follows: “No law enacted by the general assembly shall relate to more than one subject, and that shall be expressed in the title, and no law shall be revised, amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revised, amended, extended or conferred, shall be re-enacted and published at length.” It will be observed, that the act, under consideration, is not an amendment of any other statute, nor does it pretend to amend, revise, extend or confer the provisions of any other statute by reference to the title of such statute only, and hence the second inhibition in the section of the Constitution, supra, can have no application to this statute. It is, however, insisted that the subject matter dealt with in the second section of the act is not germane to the subject expressed in the title, and is foreign to it, and for such reason, it violates the constitutional provision, wherein it is required, that a law enacted by the General Assembly shall not relate to more than one subject and that must be expressed in the title. It will be observed, that the subject of the
(b) It is conceded that the act, under consideration originated in the senate, and hence, it is insisted that the section of it, which requires the county from which an inmate who is over ten and under sixteen years of age, and who has not been indicted for a felony, is sent, to pay $Í00.00 per year for the maintenance of such inmate, and the county judge at the end of each month to make an order upon the treasurer of the county, to forward to the Auditor of Public Accounts, the amount due,
(c) It is insisted, that the second section of the act imposes double taxes, or at least imposes a burden of taxation which is unequal, as between the different counties of the Commonwealth, and therefore violates the uniformity and equality in the laying- of taxes, which are guaranteed by section 171 of the Constitution. In support of this contention, the argument is advanced, that the taxable property of the county of McCracken has imposed upon it the same rate of taxation, as the property, in the other counties of the state for the support of the penal institutions of the state, including the House of Reform, and that in addition thereto, to impose upon the property of the county, an additional burden, in the way of maintenance of the class of persons designated in the act, destroys that equality in taxation, provided by the constitutional provisions, supra. That the burdens of taxation must be uniform, and to be uniform
The inmates of the House of Reform, for reimbursement for the maintenance of whom, this action was instituted were each of them found to be guilty of a felony or misdemeanor, by the county court sitting in its juvenile session, and the contention is made, that because of that fact, they were “convicted of such felonies and of such misdemeanors as may be designated by law,” in the sense in which those terms are used in section 252 of the Constitution, and for that reason, the county can not be required to reimburse the state for their maintenance. The statute, however, requires the county to contribute to the extent of $100.00 per year, for the maintenance of such inmates as were not indicted for the commission of felonies, and that sum is all that is here sought. Nor can the county be relieved, because of.those adjudged by the county court to be felons, as will hereafter be shown. The legislation required and permitted by section 252, supra, has made the purpose of the legislature somewhat confusing, but, by legislation, which was within its authority, it has designated the offense of being a “delinquent” child as the only offense, on account of which the county court, in its juvenile session, may sentence one to confinement in the House of Reform.
By section 331e, Kentucky Statutes, the legislature defined what should constitute a “delinquent child.” One of the things which would make a “delinquent” was the violation of any law of this state. The section, also sets out many other things, chiefly sins of commission which would make a child who is guilty of them a ‘ ‘ delin quent.” Exclusive jurisdiction to deal with delinquent children was vested in the county court. Section 331e, sub-
(e) A further contention is made, that the Auditor has no authority to maintain the present action, as the statute only- authorizes him to sue a county and not a county judge. The statute, however, makes it the duty of the county judge on the last day of each month to make an order directing the treasurer of the county, or one acting as such, to transmit to the Auditor the sum due, and as the duty is imposed upon the Auditor of Public Accounts to receive and account for the sum for the Commonwealth, we think he is authorized to maintain an action in the name of the Commonwealth requiring the orders to be made which are necessary to enable the state by the Auditor to proceed against a county. The power of the county judge to make the orders allowing the sums due is vested in him by the statute, which also, makes it his duty to make the orders. Until the orders are made, the county would not be delinquent in paying.
The judgment appealed from is therefore affirmed.