Board of Ed. of City of Corbin v. City of Corbin
| Decision Date | 26 February 1946 |
| Citation | 192 S.W.2d 951,301 Ky. 686 |
| Parties | BOARD OF EDUCATION OF CITY OF CORBIN v. CITY OF CORBIN et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Whitley County; Flem D. Sampson, Judge.
Action between the Board of Education of the City of Corbin and City of Corbin and others. From an adverse judgment, the Board of Education of the City of Corbin appeals.
Affirmed.
H. C. Gillis, of Williamsburg, and Robert L. Smith of Corbin, for appellant.
Oscar W. Black, of Corbin, for appellees.
VAN SANT, Commissioner.
The question posed is whether a municipal corporation may appropriate funds to supplement the salaries of teachers in an independent school district whose bounds are conterminous with those of the city. The City of Corbin, by ordinance appropriated $500 per month to the Board of Education of the Corbin School District for the purpose above stated.
The General Assembly, pursuant to Section 183 of the Constitution, has made provision for the establishment of county school districts and independent school districts. KRS 160.010 and KRS 160.020. Although some of the independent districts are conterminous with cities of the Commonwealth each is a municipality or political subdivision separate and distinct from such a city, and over which the city has no control. Coppin v. Board of Education of City of Covington, 155 Ky. 387, 159 S.W. 937. Section 179 of the Constitution provides: 'The General Assembly shall not authorize any county or subdivision thereof, city, town or incorporated district, to become a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association or individual, except for the purpose of constructing or maintaining bridges, turnpike roads, or gravel roads: Provided, If any municipal corporation shall offer to the Commonwealth any property or money for locating or building a Capital, and the Commonwealth accepts such offer, the corporation may comply with the offer.'
This provision of the Constitution prohibits a municipality from making any donation to another municipality, or even to the Commonwealth itself, except for the specific purposes recited therein. That the framers of the Constitution intended to embrace a municipality within the meaning of the word 'corporation' is manifested by their insertion of the proviso in the section. Whilst this provision of the Constitution does not prohibit a municipality from participating with another municipality in a function it is permitted or required to perform by itself, and by which its inhabitants will reap a commensurate benefit, Board of Trustees of House of Reform v. City of Lexington, 112 Ky. 171, 65 S.W. 350; Crain v. Walker, 222 Ky....
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...district is regarded as a political subdivision for some legal considerations as pointed out in Board of Education of City of Corbin v. City of Corbin, 301 Ky. 686, 192 S.W.2d 951 [ (1946) ], a school district is, nevertheless, an agency of the state subject to the will of the legislature a......
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