126 Ky. 101 | Ky. Ct. App. | 1907
Opinion op the Court by
Affirming.
In treating of the day on which local option elections shall he held, section '2555 of the Kentucky Statutes for 1903 provides that “they shall not he held on the same day with any regular political election, nor within thirty days next preceding or following any such regular political election.” In the city of Somerset a local option election w;as held on the 6th day of December, 1906. The general election was held on November 6, 1906. The election was contested upon the sole ground that it was held
The manner of computing time, when it becomes a question as to whether it shall be computed from an act done or the day upon which it was done, is altogether a matter of construction, in the absence of a statute controlling it, and different rules have been adopted by courts of last resort; but in this State it has been settled by numerous adjudications that, when the computation is to be made from an act done, then the day on which it is done must be included: but if it is to be made after or from the day itself, the day must be excluded. Moar v. Covington Bank, 80 Ky. 305, 3 Ky. Law Rep. 674; Chiles v. Smith, 13 B. Mon. 461; Handley v. Cunningham, 12 Bush, 401; Wood v. Commonwealth, 11 Bush, 220; Board of Council v. Farmers’ Banks, 49 S. W. 811, 105 Ky. 811, 20 Ky. Law Rep. 1635; Long v. Hughes, 1 Duv. 387; Geneva Cooperage Co. v. Brown, 98 S. W. 279, 30 Ky. Law Rep. 272, 124 Ky. 16. If the regular election in the meaning of the statute is to be considered as an act done, then the day upon which it was done must be included. On the contrary, if it is to be regarded as a day or date, and not an act, then it must be excluded. The word “election” signifies any choice, whether it be by an officer, by a vote of the people, or by a board having the power of appointment, or otherwise; and it applies to a choice in other matters than the selection of an officer, as
It will be observed that the' election is not to be held within 30 days next preceding or following ’ ’any such regular political election.*” If the statute had
The court was evidently induced .to adopt this construction in view of the necessity for allowing two full days in which the officers might deposit the poll-books. In 1858, when this opinion was delivered; some of the counties of the State were large, the means of communication was difficult, and it would be attended with unnecessary inconvenience to require pollbooks to be carried from remote precincts to the county seat on the day following the election, and therefor in construing this statute to carry out the purpose of the Legislature, and allow the election
Tbe lower court having adjudged that the day upon which the regular November election was held must be included, its judgment is affirmed.