The Stanford interior journal. [volume] (Stanford, Ky.) 1911-1912, 1912-03-15
COUNCIL REFUSES TO
EXTEND ACCv'S LICENSE



joints" in dry territory, J. W. Acey,
who opened up a soft drink stand on
Depot street about the first Of the
year. went before an adjourned
meeting of the Stanford City Council
Tuesday night and sought to have
new license for year issued to
him. As the new law does not go
into effect until signed by the COVER
nor, Mr.. Acey figured TO secure the
advantage of the brief space of
time before the bill actually becomes
a law. He sought to have the license
under which he now is operating
cancelled. as il was issued for only
three months, and has only to April
q 10 run. and new license for
years time isued in its stead.
There were only four councilmen
present at the meeting, Messrs A. I.
Nunnelley. Ed Wilkinson, J. X. Pow
ell and Tom Pence, and three OF
them. Mesrs Nunnelley. Powell and
Pence expresses themselves as un-
willing Ia grant the license asked
under such conditions.
Councilman Nunnelley led the fight
to prevent the usual OF n years
license TO Acey, declaring that II
was nothing more than n plain ef-
for. To thwart the new law, and he
would not stand for it. He intimat-
ed several times that the council had
been called together for this purpose
alone and stated that he was against
taking any such snap judgment.
Mayor A. Il. Florence first pre-
scented Mr.. Acey's case for the con-
sideration of the council. He said
that he did not see that any harm
could be done in granting the Ii
cense asked, for n years time.
The opinion Of City Attorney j.
d. Paxton on the proposition was
sought by several councilment. Mr..
Paxton asserted that he did not be-
ieve it was right to grant such h
cense in the face Of the passage OF
the new law. He stated, moreover,
chat he did not believe any court
would sanction such proceeding,
when il was well known that the
only purpose of issuing such u IL
cense was TO evade the law. this be-
ing actually admitted by the petit
tioner.
Mayor Florence suggested that
the council could grant the license to
Acey, if il desired, and that after
that il was up to the courts to say
whether il was legal or not. He said
Hhe council wasn't supposed to pass
on the Legality Of everything it did.
and that Acey would be the only
loser If his license should not prove
10 be valid.
Mr.. Acey stated that his only de-
sire in asking for the years license
was to protect his business interests
az any one else in similar situation
would do. He said he had put money
into the business aud paid license
for three months in the city, with
the understanding with the council
that il the Vets won in the recent
local option election, he would take
out saloon license, ba,if the Drys
won. he would continue his soft
drink license for years time. ana
that the latter was what he was ask
sng now. lie called the councils
attention TO the fact that the new
law does not become operative until
II !. signed by the governor and not
Immediately then, unless it carries
an emergency clause. In the event
IL does not, the law does not go in
force for ninety days, and in that
event, his present license will expire
before that time.
Councilman Ed. Wilkinson took
the position that the city council OF
Stanford does not have to wait for
the legislature at Frankfort to act
before proceeding with its business.
He said that inasmuch rs the law
was not then in effect. that operat-
ing under the old Law the council had
. perfect right to grant Acey IL
cense for a year II il so chose. In
reply to Mr.. Nuanelley's suggestion
that this council meeting had been
called together simply to rush
through a longer license for Acey
before the new law became effective,
Mr.. Wilkinson said that he had no
idea Of the purpose Of the meeting.
and in fact. did not know there was
going to be a meeting until Chief OF
Police Carter had notified him.
Councilman Nunnelley said that
next regular meeting night will be
April 4. two days before Acey's
three months license expires ON
April @. SO that there would be p'en-
ty Of time to wait, and see what the
-. L.. - Ua said IN did not look