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 or
INTEREST.

Tho Court ot Appeals this week
passed upon two important local op.
ton cases. reversing the boyle CIR.
cult court in both cases The Cour-
ier-Journal's report OF the frs, cas-,
lis;
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 40 days In Jail for
selling a pint OF whisky without hav.
ing license. lie appealed to the CIR
cult court, and Judge Saufiey. who
has since died, decided that the gen
eral local option law repealed the
spec ial act and that as no election for
local option had been held under the
Eeneral law. therefore Danville had
no local option. law. and that Raum
could not be fined except under the
statute fixing penalty for selling
without license. The court here is
AN extaGtive opinion by Judge Hob
on the subject, concludes with these
words
IRE local option law is in force in
Danville. and Section 3i90 Kentucky
statutes. had no effect upon a local
option act in cities where it is in
force
section 1890 is the general local
option law passed in pursuance OF the
express provisions of the Constitution
! Tho other case was reversed o.
The Judgment In the case OF J. +.
lakewood who Is now confined in
an" 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.
~ With maintaining n nuisance on the
| Lebanon. pike. but with selling liquor
in local option territory. The Court
OF Appeals desires that he be tried
=, paratcly for each ofiense. Tommy
| LonrO Clarence llazlewod and j. y.
Lakewood we're All convicted in con
IneCtiou with the operation of n hop
station Mr. J j. Moore was fined on
the charge of leasing property 10 tho
thrce named gentlemen. II is these
cases that the higher court reverseS
Three other important cases 10 mis-
80 ction OF the state Were decided by
the states highest court as follows.
I he ease OF the Southern Railway
Company. etc. against Bond Stewart,
from Whitley county was affirmed.
THIS another of the damage cases
growing out OF the exp-osion of car
OF dynamite in Jellico several years
ago. stewards house was wrecked
and the Jury gave him 1850.
The case OF the G.. n. q. * Z. y.
railway against jeff Lovell's admins
traitor. from Pulaski county was al
firmed. Lowell was crushed TO death
between two cars while foreman OF a
yard crew at Somerset. and the jury
gave his administrator $1,000 dam
ages. chief Justice Barker dissented.
\ very important point OF law as To
hanks was decided in the case OF tie
Corbin Ranking Co. against j. II.
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 TO assess the stockholders the
amount equal to the pa value OF the
stock to restore the capitol stock
Mitchell mad put his five shares OF
stock as collateral for q loan from
one Munley. He 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 lien on
the stock for the assessment. and
| hat the owner can be made o pay
the assessment ont OF any other pr
Lerty he NAV have. even II he doe
surrender the stock