109 Ky. 9 | Ky. Ct. App. | 1900
Opinion op the court by
Reversing.
In the year 1898, under the provision of section 4-375. Kentucky Statutes, the superintendent of public instruction appears to have estimated the per capita of the revenue for school purposes for that year at $2.30 for each pupil child. A large ’surplus, amounting to over $265,000, was carried over from 1898 to 1899, and, presumably by
It is .contended for appellee that the act (section 4375) is unconstitutional in so far as it seems to authorize this to bé done, as in violation of the provisions of section 186 of the Constitution, which provides: “Each county in the Commonwealth shall be entitled to its proportion of the school fund on its census of pupil children for each school year and if the pro rata of any .school district be not called for after the second school' year, it shall be covered into the treasury and be placed to the credit of the school fund for general apportionment the following school year. ... It is contended that this section restricts the distribution in any one year to the amount actually realized from the revenue of the school fund for that year, and that under it no provision- can be made for any difference between the estimate and the amount realized, except in case of a surplus. This .section contains no positive restriction upon the legislative power with respect to the common school system. On the contrary, section 183 requires fhat “the General Assembly shall, by appropriate legislation, provide for an efficient .system of common schools throughout the State.” Under this authority it is provided (section 4374) that the net revenue of the lund accruing each school year shall constitute the fund to be distributed. Section 4375 provides: “The superintendent of public instruction shall, on or before the fifteenth day of July in each year, ascertain and estimate for the school year the pro rata share to which each pupil child will be entitled, according to the whole number of such children residing in each county .and each school dis