146 Ky. 547 | Ky. Ct. App. | 1912
OPINION OF THE COURT BY
Affirming.
This appeal is from a judgment of tbe Fayette Circuit Court in sustaining a demurrer to a “supplemental or amended petition” and dismissing it, wbicb was filed in an action by appellant against appellees. Ap-pellees were members of tbe State Board of Control for Cbaritable Institutions, and appellant was appointed by tbe Board as superintendent of tbe Eastern Kentucky Asylum for tbe insane, located in Lexington, for tbe term of four years, as provided in sub-section 4
Appellees’ counsel cite only two cases as sustaining their position. Appellant’s counsel cite several rendered by the courts of other States, but none in Kentucky. The cases cited by appellant’s counsel are Pratt v. Breckinridge, 112 Ky., 1, and Todd, Mayor, v. Dunlap, 99 Ky., 449. There can be found a great deal of language in both of these opinions which seemingly has application to the questions involved in the case at bar. The first named case was one where the Board of Election Commissioners Iliad heard the testimony and decided who was Attorney General of Kentucky, a con
Appellant also claims that the board is biased against him and will not give him a fair trial, and alleges that he desires that the employes of these institutions be given a fair hearing before they are discharged. The Statute provides that they be given notice of any causes of removal and that they be given a bearing before this board, and if the employe does not like the result of such hearing, he has the right to take the whole 'facts before the G-overnor and upon a hearing before him, be reinstated. This the Legislature had a right to do, as it could have authorized their removal without any investigation or causes shown.
For these reasons the judgment of the lower court is affirmed.