Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 71

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 71

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...present act unconstitutional upon the ground that it is in violation of section 37, article 2, of the constitution, would be in etfect annulling nearly all charters heretofore granted by the legislature for internal improvement purposes. No encroachment should be made upon the legislative powers of a state, by deciding its laws to be in violation of the constitution, unless there has been a clear and palpable violation of that instrument. All doubts in the mind of the judge must result in favor of the validity of the law. This is no issue between the commonwealth and the company as to the extent of the power conferred upon it by the act. In such a case a different rule would prevail, and the law would be construed strictly as against the corporation. The grant of the power is in this case conceded, and the only question made is as to the constitutionality of the law, and this court must uphold the law unless it is clearly within some constitutional inhibition. The appellants also insist that the transfer or lease by the state of these improvements diminishes the resources of the sinking fund, and that for this reason the act is void. The act establishing the sinking fund provides that "a sinking fund shall be and is hereby created and established, to be made up (among other things) of profits which may accrue on works of internal improvements made by the state, or in which the state is or may be interested." The constitution provides that the resources of the sinking fund shall be sacredly set apart and applied to the payment of the state debt. This court judicially knows that the state debt has not been paid. The state of Kentucky appropriated a large sum of money in improving and constructing the locks and dams on Green...show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236922611
  • 9781236922618