154 Ky. 479 | Ky. Ct. App. | 1913
Opinion op the Court by
Affirming.
This appeal involves the validity of a local option election held in the county of Pulaski on December 10, 1912. After the election Sylvester Newton and others filed a contest. The contest board held the election valid. On appeal to the circuit court the election was adjudged to be invalid. Prom that judgment the contestees appeal.
The facts are as follows: On September 34,1912, there was filed with the county court a written petition asking for an election to take the sense of the legal voters of Pulaski County on the proposition whether or not spirituous, vinous or malt liquors should be sold, loaned or bartered in such county, and that said law and prohibition apply to druggists. Application was made by written petition, signed by legal voters from each of the precincts in the county equal to 25 per cent of the votes cast in each of said precincts at the last preceding general election, which was held in November, 1911. On the calling of the ease on the docket for hearing on September 16, 1912, ten of the signers in Beaver precinct No. 33 produced and filed in open court a written request to strike their names from the petition, and moved the court that this be done. At the same time the attorneys represent ing the “wets” moved the court to dismiss the petition asking for the election on the ground that there were only 47 votes cast at the preceding’ general election in Beaver precinct, and as only 20 legal voters from that precinct had signed the petition and ten had requested the withdrawal of their names, the number of signers remaining on the petition did not equal 25 per cent of the votes cast in that precinct -at the next preceding general election. The attention of the court was then called to the fact that since the November election,1911,the county of McCreary
While a different rule prevails in cities and towns, it is well settled that when the election is proposed to. be’ held in territory comprising precincts, the petition should be signed by a number of voters equal to 25 per cent ofi
Judgment affirmed.