The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1909-01-09
Circuit Judge Reed Hears
Argument ofAttorneys Be-
fore Noon Today.
Does Constitutional Provision
Apply to Office?
QUESTION THAT rs suBMrrsD

oalAAh6 Oh an unhn0W cIa Wlt1-
out a single precedent to guide them.
attorneys In the city treasurership
controversy presented their views OF
the case before Judge Reed this
morning and decision will be rem
dered Monday morning.
At the outset an agreed statement
OF the material facts In the case was
submitted. which when summed up.
leaves the only question to be deter
mined by the court, whether or not
vacancy existed In the ONCE of the
city treasurer by reason of that Off
ciai being Ineligible to succeed him.
self.
Mr.. Wheeler, representing Mr..
Walters, stated to the court that he
relied solely upon Section 161 of the
present constitution OF the state OF
Kentucky. which provides that no
mayor. chief executive or fiscal off,
Ger under this constitution. whose
duties may consist of the collecting
or handling of public moneys may be
eligible to succeed himself, and upon
the section Of the Kentucky statutes
which defines the duties Of the city
treasurer as that of collecting money
and turning II over TO the regular
city depository.
In his argument, Mr.. Crice, who
represents Treasurer Dorian. raised
the point that the Office Of city treas
urer was not created by the constitu-
ton but by a legislative act That
under the constitution no Office IL
made necessary but the mayor, police
Judge and legislative boards. which
are required to be elected by the peo-
pie. That without the charter there
would be no city treasurer.
Under legislative acts, the charter
of second class cities creates the
Office of city treasurer and makes 1t
an elective office, though the legisla-
ture had the power TO make the
treasurer's Office an appointive one
as in all cities, except those OF the
FIRST and second class.
Mr.. Crice made the contention that
the legislature fixed the qualifca-
lions or eligibility Of officers, except
the mayor, police Judge and legisla-
tive boards, and that itsdid not pro-
vide that the city treasurer should
be ineligible to succeed himself.
The point was also raised by MI.
Crice that the city treasurer was not
necessarily fiscal officer, the mean
ing of fiscal officer being defined, as
one who controls finances for a state.
county, municipality or corporation.
Mr.. Crice contended that the duties
of city treasurer are purely minis
terial, that he only received public
money and turned 1t over to the city
depository every day; that he has no
power to check out cent of the
money except on authority from the
finance committee OF the general
council, which committee constitutes
the fiscal officers of the city.
The attorney argued that the
sheriff of the county has never been
considered a fiscal officer. thouSh he
has charge OF the collection of taxes.
That official turns his money over to
the county treasurer, who pays II
out on order of the fiscal court. Tn
short. Mr.. Crice stated. on the point
of eligibility. that the legislature
was expressly granted the power to
Ak the qualification or eligibility OF
the city treasurer and that It had not
limited him.
After hearing the arguments Judge
Reed announced that he would rem
der his opinion Monday morning that
the case could be carried to the court
of appeals Immediately for settle
ment.