Imágenes de páginas
PDF
EPUB

vember, 1893, and until their successors shall be elected and qualified, at which time the terms of all such officers shall expire; and at that election, and thereafter as their terms of office may expire, all officers required to be elected in cities and towns by this Constitution, or by general laws enacted in conformity to its provisions, shall be elected at the general elections in November, but only in the odd years, except members of municipal legislative boards, who may be elected either in the even or odd years, or part in the even and part in the odd years: Provided, That the terms of office of Police Judges, who were elected for four years at the August election, eighteen hundred and ninety, shall expire August thirty-first, eighteen hundred and ninety-four, and the term of Police Judges elected in November, eighteen hundred and ninety-three, shall begin September first, eighteen hundred and ninety-four, and continue until the November election, eighteen hundred and ninety-seven, and until their successors are elected and qualified.

SEC. 168. No municipal ordinance shall fix a penalty for a violation thereof at less than that imposed by statute for the same offense. A conviction or acquittal under either shall constitute a bar to another prosecution for the same offense.1

REVENUE AND TAXATION.

SEC. 169. The fiscal year shall commence on the first day of July in each year, unless otherwise provided by law.

SEC. 170. There shall be exempt from taxation public property used for public purposes; places actually used for religious worship, with the grounds attached thereto and used and appurtenant to the house of worship, not exceeding one half acre in cities or towns, and not exceeding two acres in the country; places of burial not held for private

(1) Sec. 168. City v. Sparks. 99 Ky., 351; City v. Simms, 99 Ky., 49: Taylor v. Com., 98 Ky., 271.

or corporate profit, institutions of purely public charity, and institutions of education not used or employed for gain by any person or corporation, and the income of which is devoted solely to the cause of education; public libraries, their endowments, and the income of such property as is used exclusively for their maintenance; all parsonages or residences owned by any religious society, and occupied as a home, and for no other purpose, by the minister of any religion, with not exceeding one half acre of ground in towns and cities and two acres of ground in the country appurtenant thereto; household goods, and other personal property of a person with a family, not exceeding two hundred and fifty dollars in value; crops grown in the year in which the assessment is made, and in the hands of the producer; and all laws exempting or commuting property from taxation other than the property above mentioned shall be void. The General Assembly may authorize any incorporated city or town to exempt manufacturing establishments from municipal taxation, for a period not exceeding five years, as an inducement to their location.1

SEC. 171. The General Assembly shall provide by law an

(1 Sec. 170. Zable v. Lou. Baptist Orphans' Home, 92 Ky., 89; City v. Com., 19 R., 105; Trustees of Orphans' School v. City, 100 Ky.. 470; Louisville v. S. Baptist Seminary, 100 Ky., 506; Louisville v. Board of Trustees, 100 Ky., 518.

Sec. 171. Provision requiring uniformity of taxation is merely declamatory of what has always been the law in this State. (Holzbauer v. City of Newport, 15 Ky. Law Rep., 188.) (2) Appropriations for State exhibit at World's Fair is for "public purpose," and not in violation of this section. (Norman, Auditor, v. Ky. Board of Managers, 14 Ky. Law Rep., 529.) (3) This section does not render inoperative a local act providing for the levy and collection of taxes for a special purpose. (O'Mahoney v. Bullock. 17 Ky. Law Rep., 523.) (4) Legislature has no power to abrogate contract as to taxation made with the corporation under old Constitution. (Bank Tax Cases, 17 Ky. Law Rep., 465.) (5) Not retrospective in operation. (Long and Wife v. City of Louisville, 17 Ky. Law Rep., 253.) (6) Forbids the imposition of a license tax in lieu of an ad valorem tax on personal property. (Levy v. City of Louisville, 16 Ky. Law Kep.. 872.) Com. v. Taylor, 19 R., 552; Board of Council v. Scott, 19 R., 1068; Board of Council v. Rarick, 14 R., 1415; Pence v. City, 19 R., 721; Briggs v. Town of Russell

annual tax, which, with other resources, shall be sufficient to defray the estimated expenses of the Commonwealth for each fiscal year. Taxes shall be levied and collected for public purposes only. They shall be uniform upon all property subject to taxation within the territorial limits of the authority levying the tax; and all taxes shall be levied and collected by general laws.

SEC. 172. All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale; and any officer, or other person authorized to assess values for taxation, who shall commit any willful error in the performance of his duty, shall be deemed guilty of misfeasance, and upon conviction thereof shall forfeit his office, and be otherwise punished as may be provided by law.

SEC. 173. The receiving, directly or indirectly, by any officer of the Commonwealth, or of any county, city or town, or member or officer of the General Assembly, of any interest, profit or perquisite arising from the use or loan of public funds in his hands, or moneys to be raised through his agency for State, city, town, district or county purposes shall be deemed a felony. Said offense shall be punished as may be prescribed by law, a part of which punishment shall be disqualification to hold office.

ville. 99 Ky., 15; Citizens' Bank v. City. 19 R., 247; Deposit Bank v. Davis Co., 19 R., 248 (overruling Bank Tax cases, 97 Ky., 590): Henderson Bank v. City, 19 R., 728.

Sec. 172. Forbids the imposition of a license tax in lieu of an ad valorem tax on personal property. (Idem, 872.) (2) Legislature may tax not only the tangible property of a corporation, but also its franchise. (Henderson Bridge Co. v. Commonwealth, 17 Ky. Law Rep., 389.) Louisville Ry. Co. v. Com., 20 R.. 1509; Paducah Street Ry. Co. v. County of McCracken, 20 R., 1294.

SEC. 174. All property, whether owned by natural persons or corporations, shall be taxed in proportion to its value, unless exempted by this Constitution; and all corporate property shall pay the same rate of taxation paid by individual property. Nothing in this Constitution shall be construed to prevent the General Assembly from providing for taxation based on income, license or franchises.

SEC. 175. The power to tax property shall not be surrendered or suspended by any contract or grant to which the Commonwealth shall be a party.

SEC. 176. The Commonwealth shall not assume the debt of any county, municipal corporation or political subdivision of the State, unless such debt shall have been contracted to defend itself in time of war, to repel invasion or to suppress insurrection.

SEC. 177. The credit of the Commonwealth shall not be given, pledged or loaned to any individual, company, corporation or association, municipality, or political subdivision of the State; nor shall the Commonwealth become an owner or stockholder in, nor make donation to, any company, association or corporation; nor shall the Commonwealth construct a railroad or other highway.

Sec. 171. Provision requiring taxation according to value is merely declaratory of what has always been the law in this State. (Holzhauer v. City of Newport, 15 Ky. Law Rep., 188.) (2) Legislature has no power to abrogate contract as to taxation made with corporation under old Constitution. (Bank Tax Cases. 17 Ky. Law Rep., 465.) (3) Legislature may tax franchise of corporation in addition to its tangible property. (Henderson Bridge Co. v. Commonwealth, 17 Ky. Law Rep., 389.) (4) Does not authorize the substitution of a license tax for an ad valorem tax. (Levi v. City of Louisville, 872.)

Sec. 174. Board of Trustees v. Bell Co., 96 Ky., 68; S. B. & L. v. Norman. 98 Ky., 294; Citizens' Bank v. City, 19 R., 247; Deposit Bank of Daviess Co.. 19 R., 248 (overruling Bank Tax cases, 97 Ky., 590); Henderson Bank v. City, 19 R., 728; Com. v. Taylor. 19 R., 752; Board of Council v. Scott, 19 R., 1068; Board of Council v. Rarick 13 R., 1415: Elliott v. City of Louisville, 19 R., 414; Burch v. City of Owensboro, 18 R, 284; Hall v. Com., 19 R., 578.

Sec. 177. Appropriations for State exhibit at World's Fair to be expended by Commissioners, not in violation of this section. (Norman, Auditor, v. Kentucky Board of Managers, 14 Ky. Law Rep., 529.)

SEC. 178. All laws authorizing the borrowing of money by and on behalf of the Commonwealth, county or other political subdivision of the State, shall specify the purpose for which the money is to be used, and the money so borrowed shall be used for no other purpose.

SEC. 179. 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 Capitol, and the Commonwealth accepts such offer, the corporation may comply with the offer.

SEC. 180. The General Assembly may authorize the counties, cities or towns to levy a poll-tax not exceeding one dollar and fifty cents per head. Every act enacted by the General Assembly, and every ordinance and resolution passed by any county, city, town, or muncipal board or local legislative body, levying a tax, shall specify distinctly the purpose for which said tax is levied, and no tax levied and collected for one purpose shall ever be devoted to another purpose.1

SEC. 181. The General Assembly shall not impose taxes for the purposes of any county, city, town or other municipal corporation, but may, by general laws, confer on the

(1) Section 180. Burch v. City of Owensboro, 18 R., 284; Field v. Stroube. 19 R., 1751; Cahill v. Perrine, etc., 20 R., 1454.

Sec. 181. A statute requiring druggists to procure a license and pay a tax of fifty dollars thereon to retail liquors is not in violation of this section. (Commonwealth v. Fowler, 96 Ky.)

Section 181 does not authorize the substitution of a license tax. Elliott v. City of Louisville, 19 R., 414; Burch v. City of Owensboro, 18 R., 284; Hall v. Com., 19 R., 578; City of Covington v. Woods, 98 Ky., 344; Paducah Street Ry. Co. v. County of McCracken. 20 R., 1294.

« AnteriorContinuar »