Worthington v. Board of Education of City of Lexington

• Decision Date: 04 February 1903
• Citation: 71 S.W. 879
• Parties: WORTHINGTON v. BOARD OF EDUCATION OF CITY OF LEXINGTON.
• Court: Kentucky Court of Appeals

71 S.W. 879

WORTHINGTON v. BOARD OF EDUCATION OF CITY OF LEXINGTON.

Court of Appeals of Kentucky.

February 4, 1903

Appeal from circuit court, Fayette county.

"Not to be officially reported."

Action by Wm. Worthington against the board of education of the city of Lexington. From a judgment in favor of defendant plaintiff appeals. Affirmed.

Wm Worthington, in pro. per. Geo. S. Shanklin, for appellee.

BURNAM C.J.

The appellant, Wm. Worthington, instituted this suit against the appellee, the board of education of the city of Lexington to enjoin and restrain them from the issual of 75 bonds, of $1,000 each, in the name of the city of Lexington. He alleges: That at a regular meeting of the board of education they unanimously passed the following resolution:

"Whereas additional school buildings are necessary to accommodate the white and colored children of the city of Lexington, and the regular annual revenue of the board of education is not sufficient to purchase sites, erect and equip said buildings: Now, therefore, be it resolved by the board of education of the city of Lexington, Ky.:

"Section 1. That this board incur a debt not exceeding seventy-five thousand dollars for the purpose of purchasing sites for, and erecting and equipping, three new school buildings in Lexington,--two for white and one for colored children,--and issue bonds to the amount of the indebtedness so incurred, to run for thirty years, which shall be of the par value of $1,000.00, and shall bear interest at the rate of four per cent. per annum, payable semiannually, and which shall be secured by a pledge of the property so purchased, erected, and equipped, and all other property and revenue of the board of education.

"Sec. 2. That the proceeds of the said bonds shall be used exclusively for the purpose set forth in this resolution.

"Sec. 3. That this board requests the general council to provide for the collecting of a sinking fund tax sufficient to pay the interest on said indebtedness, and create a sinking fund for the payment of the principal thereof, within the term for which the bonds are issued.

"Sec. 4. That the county court of Fayette county be, and it is hereby, requested to order a special election to be held, of which fifteen days' advertisement and notice shall be made in the official newspaper of the city of Lexington, Ky. at the same time and place as the regular election in the city of Lexington, Ky. on November 4, 1902, for the purpose of submitting to the qualified voters of said city the question whether or not said board of education shall incur said indebtedness and issue bonds therefor, and to direct those charged with the duty of having printed the ballots to be used at said election to have printed thereon said question in such form as the law provides."

--That on the first day of October 1902, the Fayette county court entered an order calling for a special election on November 4, 1902, submitting to the qualified voters of the city of Lexington the question as to whether the board of education of the city of Lexington should incur the indebtedness for...