The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1915-05-05
fUul OPINION OF THE COURT OF APPEALS OF KENTUCKY
UNFOLDING THE VALIDITY OF THE COUNTY UNIT Law

| it is not necessary here to consider
Section 1850, although Recognize
ing the right Of the entire county
to vote, also provided for the saw
ing from the effect of the vote Of
the county as whole the right Of
the cities, towns, districts and pre-
cincts in the county to regulate for
themselves the liquor traffic.
These sections, that is 1854,
$500, remained as they were en-
acted in 1894, without alteration Of
amendment, until 1906. In 1906
section 1850 was amended, and this
amendment introduced into the law
for the first time the county unit
feature. In other words, except as
to cities of the first, second, third
and fourth classes,it made the coun-
ty the controlling unit by providing
that when an election was held in
an entire county, and the majority
of the legal votes cast at the cleo
ton were against the sale of liquor,
| it should not be lawful to sell it in
any portion Of the county except in
the cities named, where it might be-
sold if a majority of the voters fav-
ored the sale. When section 2kGA
had been amended, the question Of
the power of the Legislature to,
enact legislation making the county
the controlling unit, and to deny to-
Cities towns, districts and precincts.
within the county the right to regu-
late for themselves the sale of
whisky, which right had been rec
ognized in the previous legislation
and decisions, came before this
court in the case of Board of Trus-
tees of the Town of New Castle VS..
Scott, 1875 KY, 545. In that case,
in which the legislation was sus-
tanned, it was said, speaking Of the
opinions in the Cole, City of Win
chester and Rains case:
"a fair construction of all those
opinions, in connection with section
81 of the Constitution, is that the
Constitution meant to leave, and did
leave to, the Legislature, the de-
tails of the law, to be enacted to
carry the provision of the Constitu-
ton into effect. In view of the
changing conditions of the future,
the wisdom Of the Legislature could
best determine when the conditions
farose as to how often and in what
rotation votes in the respective To-
calities might be taken on the sub
ject It was therefore competent
for the Legislature to provide by
general law for repeating or modify
ing the existing local laws continued
in force by the Constitution, AMI to
allow it to be done by vote Of such
locality as the Legislature saw prop
Ter. The reason no subsequent ell
ection in any other unit could change
the result in the given unit was that
the statute withheld such effect
Nor are we now departing from any
thing actually decided in any prev
ious case before this court. The
Legislature has now for the first
time enacted law in which it does
|give controlling vote to locality
Ito each of the units named-in
the even it votes for prohibition,
over other units mentioned, which
may not have voted, or may have
voted previously against Prohibition
The question is now raised and pre-
scented for decision for the first
time whether, under section 81 of
the Constitution, it has the power
to make such discrimination. We
answer that it has. 1t has it because
it is not denied to it by the Consti-
tuition; but, on the contrary, as
there must otherwise be a conflict
between some Of the units under
certain conditions, it is by implica-
ton vested in the Legislature to de-
clare in such event which shall
prevail. 1t has it because it in
heres in the nature of the subject,
and by virtue of the overpowering
quality Of the police power of the
State which is vested in the law
making body of the government.
And it has it, as we think we have
pointed out, in the evident purpose
of the convention to further, and
not to hinder, the restrictions that
the people might see proper to place
upon an article so destructive to the
morals, health and safety of the
public"
1t is, however, manifest that in
this opinion the court declined to
follow the rule of construction
adopted in the Cole and like cases
and, in effect, overruled these opin-
d. L