180 Ky. 604 | Ky. Ct. App. | 1918
Opinion of the Court by
Affirming.
The propriety of the judgment depends on the correctness of the court’s decision that Catherine Allen, Mary Gilbert, and Nancy B. Allen, who voted for Murrel, were not entitled to vote, and that Steve Allen, who voted for Joe L. Allen, was entitled to vote. The right of suffrage in school elections has been conferred on all women who possess the legal qualifications of male voters and who are also able to read and write. Chapter 47, Acts 1912, p. 43. During the progress off the action, the parties signed and filed the following stipulation of facts:
“In order to save time and expense in the further preparation of this cause for trial in taking rebuttal evidence for the plaintiff, it is stipulated and agreed by and between the plaintiff, Joe L. Allen and his counsel of record and Wiley Murrell and his counsel of record as follows:
“ (1) That on the 7th day of October, 1916, Catherine Allen could read print, and could write her name,
“(2) That on the 7th day of October, 1916, Mary Gilbert could read print and could write her name.
“(3) That Nancy B. Allen could read and could write her name and post office address on the said October 7th, 1916, and no more.
“(4) That Mary B. Allen could read and write on said October 7th, 1916.”
We have written that one is able to write who, by the use of alphabetical signs, can express in a fairly legible way words in common use and of average difficulty, though each word may not be accurately spelled.
It remains to consider whether the vote of Steve Allen was properly counted for appellee. If improperly counted, the election resulted in a tie. It appears that Steve Allen had lived with his father in the subdistriet in question for several years. About the first of March, 1§16, his father moved to another district. Thereupon Steve went to live with Gilbert Baker, whose residence was in the subdistrict in question, and claimed his home at Gilbert Baker’s until the day after the following November election, when he went to live with Able Bishop. At the November election he voted in precinct thirteen, which includes the subdistrict in question. According to the evidence for appellant, Steve Allen was seen going and returning from his father’s home after his father moved from the district, and had his washing done at his father’s home. It can not be doubted that Allen had the right, when his father moved, to remain
Judgment affirmed.