Mount Vernon signal. (Mt. Vernon, Ky.) 18??-current, 1916-02-04
JUDGE BETHURUM'S DECISION IN
THE BOND ISSUE CASE
ROCKCASTLE CIRCUIT COURT

i ROCKCASTLE CIRCUIT COURT
w. ~ rioa' %o' ............ PLAINTIFFS
G. M BALLARD COUNTY JUDGE, &C.,. ...... DEFENDANTS
appears from this held in Rock.
castle County the 9th day March,
OF the voters as to whether the
amount 100000 for the building bridges
election returns certified by showed that
the vote stood 223O for the deposition and 472 against
The plaintiffs this action dissatisfied with the result Of
election and feeling that the by certificates
OF election officers the vots upon the
and that fraud and Irregularities engaged In in the
Conduct OF said election the 6t day April 1915 filed con.
in this the validity election The petition
that the election should be aside alleged
towit:
i Because by officers other than the
same officers that held the regular election Rokcae
County at the November election, 1914,
End Because election was not advertised s M
the Statute In that advertised days next be-
the day of said election posted up at not
than public places 10 each voting county
the court house door, advertising said election the
for.
3d Because of irregularities of the officers
election ID permitting number of occupy the booths
time the votes were being taken the
sons voting.
4h Because the officers other persons
who were not qualified under the Statute Kentucky no.
legal voters -
5th Because 800 legal faudueny certified as 70.
In favor OF issuing one hundred thousand dollars
building bridges when in fact and in p.
d ooo voters voted NO. and if said been fully
certified the proposition the issuing bonds would have
been defeated
The court Of the opinion account of the public interest
which the people generally have taken contest the courts
should fully deliberately stated and should be
hed the Signal in order that public generally NAV have
read for themselves understand the
given by the court for the judgment rendered this
that end it will be take alleged grounds of con
test and separately dispose of them
The first ground charges election should
set aside as invalid for the that held by Of
appointed by the Election especially hold the
This the duty of the Election Commissioners and
appointing eecon ocers hold the hey
ryng the provisions Statute the law is
Hail Gragg 59 Ky IS passing upon contested local option
lection said case The local option election held in the
city OF Somerset ground that the Election Conn
missoners did appoint election to hold this local on
election and because there the officers of
between the wet and dys election was held bv tn.
officers who served at the general election of them were
favor OF local option and the held that the local n
election valid and this judgment upheld the Court Of
peas Kentucky and In doing and dposng question
the Court used this language: Il
"We construed 1885, Kentucky Statutes 70 reor;
the appointment special officers the local option cleo
on but in the the ones selected TO,
the general elections necessarily disqualified from the
latter service -
Further along the opinion SAYS:
But In this Case admit that the officers who
e 'ne eecoo were appointed BY the county
e power 10 Select Them SO they officers de facto
nothing more they possession that is thew actually
held the election and they held color of title and IN
conaon such as to Indicate acquescence public in
ao'o oucn person recognized the
de facto officer Wendt Berry, 1884, Ky $780, The rue
with relation to de aco election officers as follows
In ~ Am. Eng. Encyc: of Law, End Edition. page $40:
1.-The general principle acts of an officer de fac
are vad SO tar respects public third parties an
pes as well to election officers others the Question
rregulary Of tbe appointment ought not to be entered
into in election contest ~"
80 concude that the election be set aside mon t
ground. $3.50 f 'ni'
The second ground of contest no notice of bs
was There substantial evidence that this was
the law requires and positively by Hon. Cam Mullins
the emcent ana accommodating Sheriff County
ana mad posted notices of said This completely
disposes OF this question. p
nra ground that there such irregularities and mis-
OF election officers in permitting to 90 in and
'ne voting booths that the true voters could not be
The proof In the record fails show that this sort Of
was INDUCED n and the election should NOT no cat sd
account. - - Nv "0'Ae VI ohat
aesed ground is that the officers the election per-
ELECTION This proven W1Ff " sa'o
siouno tnat 0U0