Richmond v. Lay

• Decision Date: 01 November 1935
• Citation: 261 Ky. 138
• Parties: Richmond et al. v. Lay.
• Court: United States State Supreme Court — District of Kentucky

261 Ky. 138

Richmond et al. v. Lay.

Court of Appeals of Kentucky.

Decided November 1, 1935.

1. Statutes. — Purpose of constitutional provision that Governor shall convene General Assembly by proclamation, stating subjects to be considered, and that no other subject should be considered, is to give notice to public of subjects to be considered at special session, and is a check upon legislative action prohibiting action on matters outside proclamation (Constitution, sec. 80).

2. Statutes. — Provision of statute authorizing extension of teachers' certificates upon payment of fee of $2 held within scope of Governor's call for special session of Legislature to enact revenue measures and make appropriations (Acts 1934, Ex. Sess., c. 13; Constitution, sec. 80).

3. Statutes. — Provision of statute that any teacher who had taught for more than twenty years prior to effective date thereof should have life certificate issued held invalid as not within scope of Governor's call for special session of Legislature to enact revenue measures or make appropriations and as not relating

to previous provisions of statute providing for tax of $2 on one-year extension of teachers' certificates (Acts 1934, Ex. Sess., c. 13; Constitution, sec. 80).

4. Statutes. — Invalidity of provision that any teacher who had taught for more than twenty years prior to effective date of statute should have life certificate issued from statute assessing tax of $2 on issuance of one-year extension of teachers' certificates of teachers who had taught in preceding two school years and whose certificates expired in year of effective date of act held not to affect remainder of statute (Acts 1934, Ex. Sess., c. 13).

Appeal from Franklin Circuit Court.

BAILEY P. WOOTTON, Attorney General, and WILLIAM R. ATTKISSON, Assistant Attorney General, for appellants.

WOODROW BURCHETT for appellee.

OPINION OF THE COURT BY JUDGE STITES.

Reversing.

This is an appeal from a judgment of the Franklin circuit court under which the appellee, a school teacher, was granted a mandatory injunction requiring the appellants, who are, respectively, the superintendent of public instruction and the director of certification of the department of education, to issue to her a teacher's certificate extending her present certificate, which expired June 30, 1935, for life. The only authority for the issuance of a certificate for life is to be found in chapter 13 of the Acts of the General Assembly passed at its special session in 1934. It is argued on behalf of the appellants that chapter 13 is unconstitutional and invalid (1) because it violates section 51 of the Constitution of Kentucky, and (2) because the act is not within the scope of the Governor's proclamation calling the special session and is therefore invalid under the provisions of section 80 of the Constitution of Kentucky.

The essential part of chapter 13 is contained in section 1, which provides:

"That certificates issued to any teacher, which certificate expires in the year 1934, shall be extended one year beyond its expiration; and such extension shall be made or issued by the department of certification of the State Department of Education upon application from the teacher, together with a signed statement from the superintendent of the county or city in which said teacher making such application taught, certifying that said teacher had taught either in the school years 1932-1933 or the school years 1933-1934; provided, however, such application shall be accompanied by a fee of Two Dollars [$2.00], to be collected by the Department of Education and delivered to the State Treasurer to be credited to the General Expenditure Fund.

"Any teacher who has taught for more than twenty years prior to the effective date of this Act, shall have a certificate issued for life.

"All laws or parts of laws in conflict herewith are hereby repealed."

If we are to sustain all or any part of section 1 of chapter 13, it must be because the section falls under the following clause of the proclamation convening the General Assembly and providing for its consideration, amongst others, of the following subjects:

"To enact such measures as will provide sufficient revenue to carry on all proper functions of the State Government, including common schools and higher institutions of...