Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1903-03-10
BECKHAM'SFAVOR.
Judge CantrilI Thinks lie is Eli
gible for Reelection.
Case viii Go to the Court of APP
peaIs This Week For Final
Decision.

Versailles, KY, March 6.-Judge
Cantrill this afternoon rendered his
opinion in the case of Gov. Beck
ham VS.. Chairman Young and the
Democratic State Executive Com
mittee, granting the writ of man.
damus compelling Young and the
committee TO place the name of
Beckham on the official ballot to be
used at the primary election on May |
9, 1908, which opinion holds that
Beckham is eligible for reelection
for the Office of Governor.
THE COURTS OPINION.
The text of the opinion follows:
The question submitted is the
construction of Sections 20 and II |
of the Constitution. Section 20 is
that He (the governor) shall be
elected for the term of four years by |
the qualified voters of the State.
Section II Is that "He (the person
elected for the period or term or
time of four years. shall be ineligi-
bic for the succeeding four years
after the expiration of the term for
which he shall have been elected.
Is there any ambiguity in the
Language used? We think not
Under these sections, the Governor
is elected for four years, and the
person selected for four years is the
person who is ineligible for the sue
ceeding four years. 1t does not
matter whether he serves as Gov
ernor one or three years or the
period of the term; but if he be cleo
ted for four years he is then ineli-
gible for the succeeding four years,
and under this plain language he is
the only person to whom this inel-
bility applies.
E think the plaintiff entitled to the
relief prayed for, and the judgment
! will be so prepared.
THE JUDGMENT.
On this opinion the following iudg-
ment was accordingly rendered:
Woodford Circuit Court. c.
w. Beckham, plaintiff, against
Allie w. Young, ETC., defendants
Judgment. Came John X. Hendrick
= and r. J. Breckenridge, by attor-
ner, and offered to file their joint
petition herein. asking to be made
d parties defendant herein, to which
: motion plaintiff, ]. C. w. Beokham,
= objected, and said objections being
considered were overruled, and said
f motion to file said petition is sus-
Z tanned, and the same is now filed,
: and said Breckenridge and said
r Hendrick are made parties defend
ant herein, to which ruling of the
court plaintiff excerpts; and also
came defendants, Allie w. Young,
Mott Ayres, John M. Lassing and
Percy Haley, by attorney, and
filed demurrer to the petition of
plaintiff, and thereupon came said
Breckenridge and said Hendrick
and filed their joint answer herein,
and by agreement the affirmative
matter. if any, in said answer, is
taken and treated as controverted,
and this cause is submitted for
Judgment; and being argued by
counsel and the court being suffi-
GENTLY advised, it is now adjudged
that said demurrer be and the same
is hereby overruled. and it is fur
Their adjudged that plaintiff is en-
titled to the relief sought, and that
he is eligible to succeed himself as
Governor; and the defendants, AL
lie w. Young, chairman: and Per-
cy Haly, secretary, and John M.
Lassing and Mott Ayres, are bere-
by ordered and directed to place
the name of plaintiff, J. c. W.
Beckham, as candidate for Gov
ernor, on the ballot provided for the
primary election to be held on the
9th day of May, 1908. for the selec-
tion of candidates Jor State Offices,
said Beckham to comply with all
the conditions and regulations that
hereafter be required of him by
said-defendants. Allie w, Young,
chairman, Percy Haly. secretary;
Mott Ayres and John NJ Lassing,
subcommittee.
Defendants except to this judg-