The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1912-05-17
Stout Cannot Serve in New Dis
triCt.

Special Judge Charles Marshall. OF
Shelbyville, handed down his decision
Tuesday afternoon in the case involv-
ing the constitutionality of the act
making separate circuit court dis
trict of Franklin county and as to the
right of Judge RI Stout to remove
here and sit as the Judge of the new
district.
Judge Marshall holds that the act
creating the new district is constltu-
tional, but decides that Judge Stout
cannot legally move to Franklin after
the act was passed and become the
Judge of the new district. The suit
was filed by James A. Scott against
Governor McCreary, asking that he be
enjoined from the appointing of a
Judge for this district. on the grounds
that the act was unconstitutional be-
cause Franklin county has not the re-
quired population.
Judge Marshall holds that the State
is-entitled to one circuit judge district
for every $4,000 of population. and
therefore under the last census the
Legislature may create thiIty-six dis
tricts but that the constitution does not
say that each district shall have 10000
Section 1873 to create a district that
has less than 10000 population, and
that does not contain city of more
than 20, 900 population that the Consti-
tuition leaves it to the discretion of the
General Assembly in making new dis
tricts, provided the General Assembly
can never exceed the limit of one dis
trict for each 60, 200 inhabitants OF the
| State.
In the course of his opinion Judge
! Marshall says: In view OF the fact
that the FranklinsCircuitsCo Court is the
fiscal court of the State and necessa-
rily transacts large volume of bust
ness from the State-at-larg7 as we'll as
| locally, court should not say the
General Assembly has abused it's dis
erection by creating a single county
| into district when it is evident that
in the opinion of the General Assem-
| bly, and because of the large territory
from which business is drawn a sepa-
rate district is necessary. l am, there
! fore, of the opinion that the act is not
in violation of the Constitution, and
the demurrer to the petition is sus-
] tanned
In passing on the right of Judge K.
l.. Stout to remove to this county and
become the Judge of the new district
Judge Marshall, in part, says:
Judge Stout holds commission as
Judge of the Fourteenth district. anC
in order to legally discharge the duties
of judge of the new district he would
have to be recommissioned by the Gov
ernor or there will be the unusual con
ditlon OF two circuit judges holding
court in different districts, each hold
ing a commission authorizing them t.
hold court in the Fourteenth district
''If the Governor issued a commission
to Judge Stout as circuit judge OF TIT
new Thirty sixth district he would ne
ccessarily have to appoint him, ant
the Governor has no power to appoint
except where vacancy exists.
while an officer may move his res
idence to another part of the district
in order to retain his office, or may
claim the same office in the district t.
which the county of his residence ha'
been assigned. where, but for his CLAIM
there would be a vacancy, | have beer
: unable to find anywhere any author
ity for an officer to voluntarily change
the county of his residence after tn
General Assembly has passed.a law ere
ating a newsdistrict out::of part OF. tn
one in which he was elected and CLAIM
the office in the new district, thereb.
abandoning the old district in which
> he was elected. The demurrer to tn
petition and answer of r. L. Stout j
sustained"
He concludes the opinion by granting
| an appeal to the Court of Appeals il
, both decisions, and the matter will b
taken I'D to the higher court at once
and by agreement, docketed and sub
mitted so as to have decision befOr
the time arrives for the appointment
: of judge.