125 Ky. 664 | Ky. Ct. App. | 1907
Opinion op the Court by
Affirming.
The appellees presented to appellant, county judge of Scott county, ■ a petition asking for an election ini Scott county to determine whether or not spirituous, vinous, malt, or other intoxicaing liquors should he sold in that county, and asked that a special registration day be fixed for those places in the county where registration was required, in order to determine who was qualified to vote in said election.
A few months prior to the day upon which this petition was presented to the county judge a vote had been taken in the city of Georgetown, which is a city of the fourth class, upon the same subject, and in this election a majority of the voters of said town had voted in favor of the sale of liquor therein. At the same time that the petition was presented to the judge a sum of money sufficient to pay for the preliminary
Appellant insists that the circuit judge, in fixing the day upon which this election should be held, deprived him of the exercise of that discretion which the law gave him, and that because of this error the case should be reversed. The statute provides that upon the filing of the proper application, signed by a
In the cases of Board of Trustees of New Castle v. Scott, 101 S. W., 944; Gentry v. Peyton, 101 S. W. 944, 30 Ky. Law Rep., 894, and O’Neal, etc. v. wilhoit, Judge, etc. (recently decided by this court), 101 S. W. 951, 30 Ky. Law Rep., 888, 125 Ky. 571, the act of 1906, known as the “Cammack Act,” was held to be constitutional, and a further consideration of that question here is deemed unneces
The fact that the city of Georgetown had only a few months before voted upon this question would operate to prevent a vote being taken again in the same territory — that is, in the city of Georgetown alone — but it could not operate so as to prevent a vote from being taken in the entire county, including Georgetown, within that time. Hence it matters not how recently a vote has been taken in a city of the first, second, third, or fourth class. When a vote is ordered in the entire county, it must necessarily be had in the city as well, and, if the citizens of the city desire a vote upon this question, it must be had upon the same day by separate petition, and the county judge, where application is made for a vote in the entire county, must so fix the time for said vote as to give to the citizens of any city of the first, second, third, or fourth class within the county a reasonable opportunity to apply, by petition, for a vote upon the same day. The time fixed for the holding of this election has long since passed, and upon the return of this ease the circuit court judge will enter a judgment directing the judge of the Scott county court to enter an order upon his book directing the sheriff of Scott county “to open a poll in the entire county, on a day to be fixed by said judge, not earlier than sixty days after the entry of said order for the purpose of taking the sense of the legal voters of said county who are qualified to vote at elections for county officers, on the proposition as to whether or not spirituous, vinous, malt, or other intoxicating liquors shall be sold, bartered or loaned therein; this law or prohi
Judgment is affirmed.