The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-09-19
DEMOCRATS ARE
AGAIN KNOCKED OUT
Special Political Legislation is
Now Getting It's"
Covington Judge Holds That Law
Making Circuit Clerk Member of
Election Board Is Uncon-
stitutional.
AFFECTS M'oRAoKEN COUNTY

Another one of the democratic special
political statutes has been knocked out
in the lower courts by democratic
Judge The law prescribing that the
third member of the county election
board, or referee" shall be the circuit
clerk in counties containing second class
cities, is declared unconstitutional.
This law affected McCracken county.
Under the election law in force for the
past few years the sheriff has been the
third member of the board, but the new
law makes il the circuit clerk in Me-
Cracker, Kenton, Campbell and Fayette
counties. The law was passed for the
express purpose of getting off the elec-
ton board in Kenton county a sheriff
who was not friendly to the democratic
state machine.
The style of the suit was Sheriff Me-
Inerney against Circuit Court Clerk
Droege, and Saturday afternoon Special
Judge John NJ. Lassing handed down his
opinion at Covington. He refused to set
aside the restraining order granted by
County Judge Stevens which prevented
Droege from acting as referee in the
board of election commissioners and held
that the special act of the legislature
which took the right away from McIner-
ney was unconstitutional. Judge Las
sing said in part: Two questions are
raised for determination before there can
be any consideration Of the question
raised by defendants motion-frst, did
the county judge have the right and
power under the law to issue the in
junction herein; and, second, did the
filing of the answer by defendant before
making his motion deprive him of the
right to have other than the regular pre-
siding judge Of the Kenton circuit court,
the latter being absent from Kenton
county,
AS to the first question, am of the
opinion that the county judge, in the
absence from the county of the regular
presiding judge of the kenton circuit
court, had full power and authority to
issue the restraining order, which he
did on August 26, 1904, and that upon
the issuing of said order his authority
and right to act in this case ceased, and
any further steps taken by him are void
and of no effect. This leaves the re-
straining order in full force and effect.
AS to the second question, l am of the
opinion that by filing his answer the de-
PENDANT merely complied with the rules
of practice in force in the Kenton circuit
court and did not in any sense deprive
himself of the right to make this motion
to have the temporary restraining order
dissolved before me or any other circuit
Judge, in the absence of the judge of the
Kenton circuit court, from his county, to
which rulings the plaintiff expects.
"The motion of the defendant to dis
solve the temporary restraining order
and set it aside and hold 1t for naught,
is held to be properly before me for de-
termination; and, being fully advised
and having considered all the authorities
cited by counsel for each side. | am Of
the opinion that the act of the legisla-
ture complained Of is special class legis-
lation, and as such is in conflict with the
constitution; said act or so much thereof
as is complained of, is adjudged to be
unconstitutional and void, il is further
adjudged that the temporary restrain
ing order granted by the Hon. IL. p.
Stevens, county Judge of Kenton county
ON Aug. 20 be and remain in full force
and effect until disposed of by final
judgment of the Kenton circuit court
The election commission of McCracken
county meets here tomorrow. but as the
decision at Covinlton will not effect
McCracken county until the court of APP
peals passes on il, Circuit Clerk Emery
Hobson will act with Capt. Ed. Farley
and Mr.. J. NJ Martin.