The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1916-02-16
COURTS TO PASS
ON ACT OF 1914
Putting Commission Form Into Ef-
feet Here Two Years Earlier
Than Old Law.

For some time a rumor has been
going the rounds to the effect that
those who opposed the county com
mission form of government con-
templated attacking the constitu-
tionality of the act Of the Legisla-
ture of 1914, whereby the will of
our people, expressed by majority
of over one thousand, was put into
effect Jan. /, 1916 instead of wait
ing until Jan. /, 1918 as was pro-
vided by the old law. This law was
prepared by committee of lawyers
from the Louisville Commercial
Club, the counties Of jefferson, Nc
Cracker and Bell, like Montgomery
county, abolished their fiscal courts
as composed of Magistrates. 1t was
introduced by Senator j. Will Clay
at the last session and aroused the
ire of the Louisville Magistrates to
such an extent that it was soon seen
the bill had no chance to pass. Our
then Representative, Hon. John A.
Judy, realizing this fact introduced
bill in the House following the
language Of the Clay bill, but apply
ing to counties containing a city of
the fourth class only and this bill
was unanimously adopted by both
Houses and subsequently approved
by Governor McCreary. It is this
law, now section 1851a, Kentucky
Statutes, that is to be attacked.
1t is understood that suit will
be brought by Magistrate upon
the ground that the Fiscal Court
must be composed of Magistrates
until the end of their present term
of Office and that the Act depriving
them of membership on that court
is a violation of their legal rights
and unconstitutional.
1t is claimed by the present Com
missioners, who will fight the case
TO the bitter end, that the law is not
unconstitutional, that is, does not
abolish the office of Magistrate, but
merely curtails the authority Of
that office, which it is claimed the
Legislature has a legal right to do
as regards any Office, whether it be
to add to or take from its duties.
The net result of the suit viii be
that if the law is declared uncon-
stitutional, we will be just where we
would have been had the act not
passed and in the same condition
jefferson, McCracken and Bell
counties now are; namely, the Mag
istrates will hold on until Jan. l,
1918 when they will be succeeded by
Commissioners. The Commission
ers are 0. w. Mccormick, G. l..
Dean and A. l.. Upton, who since
Jan. l, 1916 (some seven weeks)
have administered the affairs of the
county at a saving to the taxpayers
of not less than $500. They receive
very little for their services, yet
anticipating the suit above referred
to, they have already employed
counsel and will make determined
fight to sustain the Judy bill, be-
lieving this course is their duty to
the people. 1t is also possible that
a friendly suit may at once be fled
in order that the legality of their
acts may be settled.
If the courts should hold that the
commission form of government
does not go into effect until Jan. l,
1918, the Fiscal Court would be
composed of the following Magis-
trates: r. f. Moore (who succeed
ed O. w. Mccormick as Magis-
trate), w. ID. Henry, Clay g. Fogg
(who succeeded c.. L. Dean as Mag
istrate), Dan WEIGH (who succeed
ed T. C. Quisenberry, resigned), ,
Mart Wells and Frank p. Boyd,
with Judge W. o. Chenault as pre-
siding. officer in either event.