The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1913-10-09
IGTON, ST. FRANCOIS COUNTY, MO- OCTOBER o. 1913
FAUX PAS IN ORDERING
LOCAL OPTION ELECTION
IN CITY OF FARMINGToN

IN CITY OF FARMI NGToN
Last Monday night a petition
signed by lS9 legal voters Of the
city Of Pennington was presented
to the Board of Aldermen praying
that the question OF granting sa-
loon licenses In the city be sub
mitted 60 the voters Of the city ut II
special election to be called for that
purpose. In obedience to the petit
tiun the HOard made an order call.
ing the election, naming Monday,
November 10th, as the day for hold
ing such election, and that public
notice thereof be given by publica.
tiou in The Pennington Times, and
that such publication be begun in
the next issue of The Times, which
would be the lGth of October. The
order, however, was not complete,
In accordance with the statute att
thorizing special elections under the
local option law, by the naming Of
judges aud clerks Of election 20 con-
duct such election, for the Board ad-
journed to the next regular meeting,
November 3, to name or appoint the
judges aud clerks.
| Two fatal mistakes were made in
the proceedings, through whose
fault it is not our province TO say,
| but ii is clear that no election could
/ be legally held on the 10th day of
/ November under the order made
last Monday night by the Board OF
Aldermen.
First, the law requires that -four
weeks public notice shall be given
of such election in some newspaper
printed and published in the city OF
county. The time set out in the or
der for the first publication names
/ October 10th, the day of publication
OF The Times for next week, This
would give the notice four weekly
consecutive publications, but not
| four weeks notice as the statutes
! have been construed. The Supreme
'Court has held that four weeks no.
tice means full % days from the
! first public appearance of the notice,
and beginning with the next issue oi
The Times the notice. of election
would have only - days, or THREE
days less than the law requires
See section 72I0 Revised Statutes Of
Missouri of 1909.
Second, the st. Louis Court Of
! Appeals held, in the local option
case that was taken up from this
county, that the order for local
option election is not complete until
the judges and clerks for such elec.
tion have been appointed and made
a part Of the order; and that the
published notice of such election
must give four weeks notice after
the completion Of the order, the last
insertion to be within ten days OF
the election. This was one of the
fatal errors on which the last local
option election in this county was
declared null and void. So, it will
be seen at Il glance, that any elec
tion held on the 10th of November
under the order made by the BoarC
last Monday night would be yitiatet
because of the incompletencss %
the order calling the election.
St Francois county has twic,
voted dry" in local option elec
tions, and both of the elections wer,
: declared invalid because of just suCl
mistakes. 1t would be folly to hole
an election under the order made b,
the Board of Aldermen last Mon
day night, for 1t would not stand be
: fore the courts and would be IA use
less expense to the city. Let's ge
this thing right and make the mex
: local option election stick.
, The Committee on the local optiol
A., election OF this city met yesterda.
, and decided to get new petition
and present II to the Board of Alder
men at their next regular meeting
E the first Mondao night In Novem
Der.