Kentucky Institution for Education of Blind v. City of Louisville

Decision Date21 November 1906
Citation97 S.W. 402,123 Ky. 767
PartiesKENTUCKY INSTITUTION FOR EDUCATION OF BLIND v. CITY OF LOUISVILLE ET AL.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Jefferson County, Common Pleas Branch Third Division.

"To be officially reported."

The Kentucky Institution for Education of the Blind was convicted of violating an ordinance of the city of Louisville as to fire escapes, and appeals. Reversed and remanded.

Hardin Herr and M. W. Ripy, for appellant.

Warrick Miller, for appellee.

O'REAR J.

Is an ordinance, requiring all buildings of a certain class to have fire escapes, applicable to the property of appellant, which is an institution of the state; and if so, is it a valid ordinance? That is the question for decision presented on this appeal. The ordinance is entitled: "An ordinance concerning the erection and maintenance of fire escapes on public and private buildings in the city of Louisville." Its second section reads: "All buildings occupied by any person or persons, or in which any person or persons shall be employed or assemble (except such as are used as private residences exclusively), of three or more stories in height shall be provided with one or more permanent improved fire escapes when ordered by the inspector or his deputies, and the escapes must be in such numbers, and constructed and located in such manner, as directed in such notice or order." The eighth section provides: "If the owner after such notice to himself or agents, occupant, or lessee, as provided for in section 7 of this ordinance, fails for a period of thirty days affter receiving such notice to comply with the same, he shall be liable to a fine of $10 for each day's failure to comply with the same."

Under this ordinance a building inspector of the city of Louisville, where is located the blind asylum for the education of blind children, an institution created by and belonging to the state, required fire escapes to be put on the building, it being three stories or more in height. Upon a failure to comply with the requirement, warrants were issued against the institution, and its president to recover the penalties imposed by section 8 of the ordinance. The school for the education of the blind is an eleemosynary institution established and maintained by the state. Section 300, Ky. St. 1903. Its buildings are by the act located in the city of Louisville. It is under the direct control of a board of visitors, one of whom is chosen by the others as president, and all appointed by the Governor upon the advice and with the consent of the Senate. Section 301, Ky. St. 1903, provides: "The said board of visitors shall have the possession, preservation, repairs, and control of the building and grounds belonging to this state, dedicated to the education of the blind, in the city of Louisville. And said board of visitors shall have the direction, control and management of the special and general matters, concerns and interest of said property and institution." Section 302, Ky. St. 1903, reads: "That said institution and its control, direction, management, property, means, officers and employés shall be, and remain at all times, subject to the control and pleasure of the General Assembly of this commonwealth; and the Governor shall have a supervisory power and right of visitation over the same." Thus it is seen that although the institution is created a body corporate, with power to contract, and to sue and be sued, it is essentially an instrument of the state government, belonging entirely to the state, and being completely under its control.

The city of Louisville, a municipal corporation, created by the state for purposes of local municipal government, is as to such matters also an instrumentality of the state. Its authority to enact by-laws of a police nature, such as the one in question is, is given by the state. Section 2742, Ky St. 1903, gives the city power to enact ordinances for municipal purposes. Section 2783, Ky. St. 1903, gives the general council of the city power to pass ordinances for the government...

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32 cases
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    • Missouri Supreme Court
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