The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1915-05-05

lby its vote prevent the exclusion Of
the right to sell liquor in the whole
county. When the county acts. it
acts for, all of these units within
its limits, and its action is conclu-
sive upon all Of them.s
Passing this, the argument is
earnestly pressed on our attention
that the Legislature by the act Of
1914, now sections 1854 and 1857
of the Kentucky Statutes, repealed
the act of 1912, now section 1850.
In disposing Of this question it will
be necessary to review, to some ex-
tent, the legislation since 1894.
AS previously stated, the act Of
1894, in so far as the questions here
involved are concerned, remained
unchanged until 1906, when section
1850 was amended in the manner
set out. After 1906 no change was
made in the statute we are now con-
cerned with until 1912, when the
county unit law of 1906 was amend
ed in the manner stated. But, in
1914, section 1854, which had not
been touched since its adoption in
1894, was amended, and by the same
act section 1857 was amended; but
the change made by the amend
ment of section 1857 is not material
to this discussion and need not be
further noticed. Section 1854 was
amended only in one particular and
that related to the petition required
to be presented to the county judge
requesting the calling Of an cleo
ton. Under section 1854 in the act
of 1894 it was held by this court in
Smith VS.. Patton 103 KY, 444; Nall
VS.. Tinsley, 1O7 KY, AL; Barton VS..
Edwards, 143 KY, 713; Horton VS..
Bolts, 1853 KY, II, and other cases
decided both before and after the
county unit law was enacted, that
in calling an election for the county
it was necessary to have petition
signed by number of legal voters
in each precinct equal to % per
cent. of the votes cast in the pre-
cinct at the last preceding general
election. The effect of this re-
quirement of the salute, as held in
these cases, was to make it indis-
pensable to the validity of an cleo
ton held for the county that the
petition requesting it should be
, signed by 25 per cent. of the voters
in each precinct in the territory to
be affected; and so if this number of
petitioners could not be secured in
every precinct, no election could be
held that would affect the territory
including that precinct. This act
was found by practical experience
to enable the voters in one precinct
to prevent the calling of an cleo
ton that would affect the entire
county. To remedy this condition
which seriously INSTRUCTED the exc
cution of the county unit law, the
act of 1914 amended section 1857
so as to provide that if 25 per cent.
of the voters of the county signed
the petition, the election should be
called, although 25 per cent of the
voters In one or more precincts
might refuse to sign the petition.
In short, the only purpose Of the
amendment was to prevent the vot-
ers in one or more precincts from
defeating the right to have an cleo
ton for the entire county.
Except in the particular mem
toned, section 1854 as it now APP
pears in exactly as it was enacted
in 1894. The act of 1894 provided,
as does the act of 1914, that when
the county judge has received pc
tition signed by rs per cent. of the
voters in the territory to be affected
by the election, at shall be the duty
of the judge of the county court in
such county, at the next regular
term thereof after receiving said
petition, to make an order on his
order-book directing an election to.
be held in the said county, city,
town, district or precinct which
order shall direct the sheriff, or
other officer, of the said county, who
may be appointed to hold said cleo
ton, to open a poll at each and all
of the voting places in said. county,
city, town, district or precinct ON
said date, for the purpose Of taking
the sense of the legal voters of said
county, city, town, district or pre-
cinct who are qualified to vote at