The interior journal. [volume] (Stanford, Ky.) 1905-1910, 1910-12-16
DANVILLE is STILL
A DRY" TOWN
COURT OF APPEALS PASSES ON
TWO LOCAL OPTION CASES
-oTHER OPINIONS OF
INTEREST.

Tho Court OF Appeals this week
passed upon two important local OPP
ton cases. reversing the Boyle Cir
cult court in both cases The Cour-
ier-Journal's report OF the first cas-,
is:
In the caes OF the Board OF Council
OF the city OF Danville against, Bunk
Raum, from Boyle county. the law
was certified. the court holding that
the local option law Is in force in
Danville under the special act passed
by the Legislature in 1890. Raum was
fined 500 and 80 days in Jail for
selling a pint OF whisky without hav-
ing license. lie appealed to the CIR.
cult court, and judge Saufley, who
has since died, decided that the gen
eral local option law repealed the
special act and that as no election for
local option had been held under the
general law, therefore Danville had
no local option. law, and that Raum
could not be fined except under the
statute fixing a penalty for selling
" ithout license. The court here is
an exhaustive opinion by Judge Hob
sor reviewing all the former decisions
on the subject, concludes with these
words
"Tre local option law is in force in
Danville. and Section 3490 Kentucky
statutes. had no effect upon a local
option act in cities where II Is in
force"
Section 1890 is the general local
option law passed In pursuance OF the
express provisions of the Constitution
The other case was reversal OF
the judgment in the case OF J. =.
Hazicwood who Is now confined in
tho Danyille Jail The cause assign
cd hy the higher court FOR It's action
was the mistake that had been made
of combining two offenses against Mr
! Lakewood In one indictment lie
was charged in the Indictment not on
| ly With maintaining a nuisance on the
! Lebanon. pike. but with selling liquor
in local option territory The Court
OF Appeals desires that he be tried
separately Tor each efeuse. Tommy
Lonfo Clarence Ilazlewod and j. y.
! Lakewood were an convicted In con-
lneCtiOn with the operation of a hop
Isnuon Mr. j. j. Moore was fined or
the charge of leasing property TO tho
lthrce named gentlemen. IL Is these
cases that the higher court reyerses
Three other important cases 20 mis-
section OF the state We're decided by
the states highest court as follows:
The case OF the Southern Railway
Company. etc. against Bond Stewart.
from Whitley county was affirmed.
This another of the damage cases
growing out OF the explosion OF a car
OF dynamite in Jellioo several years
ago. stewards house was wrecked
and the jury gave him 1850.
The casc OF the &. y. q. & 4. y.
railway against jeff Lovell's admins.
TRAITOR, from Pulaski county WAS al
nrmed Lovell was crushed TO death
between two cars while foreman of a
yard crew At Somerset. and the jury
gave his administrator $500 dam
ages. Chief Justice Barker dissented.
\ very important point OF law as to
tanks was decided in the case OF the
Corbin Ranking Co. against J. H.
Mitchell. etc. from Whitley county,
which was reversed The capital stock
OF the bank became impaired. and tn
Secretary OF state ordered the Off.
ce-s 10 assess the stockholders the
amount equal to the paf value OF the
stock to restore the capitol stock
Mitchell had put his five shares of
stock as collateral for a loan from
one Munley. lie refused to pay the
banks assessment ana suit was filed.
lie court holds that the secretary
OF state had the power to order the
Assessment: that bank has a lien on
the stock for the assessment. and
hat the owner can be made pay
the assessment ont of any other pr
party be NAV have. even il he doe
surrender the stock