The Climax-Madisonian. (Richmond, Madison County, Ky.) 1914-1917, 1917-03-21
IMPORTANT DECISION.

the county financial statement was
construed. The decision was unani-
nous. 1t is as follows:
Judge SIMPSONS Decision.
The decision, which was written by
Judge Sampson, makes right inter
esting reading and we quote from the
same.
"Section 1884 of the Kentucky Sta
tutes is not ambiguous, but on the
contrary is quite plain and easy of
construction. The Legislature had
the right and it was within its power
to require the Fiscal Courts of the
several counties to publish the state
ment of the sheriff showing the fnan-
cial status of the county and in doing
so it possessed the power to say how
the advertising or publicity should be
had. 1t therefore provided for the
publication of the settlement, which
is detailed statement of the receipts
and disbursements of the county, say
ing the same shall be published two
weeks in the paper published in the
county having the largest circulation
therein, if any be published in the
county.
"This Statute was passed in the in
terest of the public good. In such
matters publicity is a safeguard,
which when we'll employed, renders
the public revenue even more secure
than iron bars or freproof safes. The
fiscal affairs sometimes have fallen
into such bad way that those having
them in charge have carefully with
held and guarded the true condition,
lest the public become informed and
select new set of officers at the next
ensuing election. To prevent this,
and that the taxpayers and real per-
sons at interest might know the facts,
the Legislature had provided for the
publication of this statement. 1t did
not leave it in the discretion of the
Fiscal Court to publish this statement
| if in its judgment it should think
best, but the provision is mandatory,
and the publication must be made,
whether it suits the convenience of
the financial condition of the county
or its fiscal agents, or not. 1t has a
beneficial purpose, and when employ
ed no doubt has wholesome infiu-
ence. The exact status of the fnan-
cial affairs of the county is brought
ohme to those directely affected. To
give the Fiscal Court a discretion as
to whether a statement should be
published, would, in cases in which it
is most needed, and primarily intend
ed to correct, defeat the whole pur-
pose of the statute. Those counties
whose financial affairs have been so
conducted as to warrant the officers
in voluntarily making public the re-
ceipts and disbursements are not the
ones intended to be reached by this
act, but it is those counties whose
affairs have been so mismanaged that
the Fiscal Court would rather hide
than exploit the real conditions.
"The county newspaper usually
reaches very large percent of the
population of the county and its con-
tents are carefully read. Its infu-
ence is far reaching. If its editor
be sensible, discreet and industrious
citizen the paper will accomplish
great andl asting good. Such an in
stitution should be recognized and en-
couraged.
"To make the statute more effec-
tive and to bring the information con-
tanned in the statement to the great
est number of taxpayers, and the peo-
pie generally, the act provides that
the publication must be made in a
newspaper published in the county,
having the largest circulation of any
paper published therein does not at
having the largest circulation there
in. 1t sometimes happens that a
newspaper published in the county
having the largest circulation of any
paper published therein does not at
the same time hav the largest circu-
lation in that county of any paper
published in that county. A
newspaper having the largest cireu-
lation, if it does not reach the people
of the county where it is published,
but went beyond the county into 9TH
er counties or States would not meet
the purposes and requirements of the
statute. Two things must occur, the
paper must be published in the coun-
ty and it must have the largest circu-
lation in that county of any paper
published therein. While the Fiscal
Court has no power or authority to
cause the statement of the sheriff to
be published by newspaper which
offers the lowest and best bid, ire
spective of its circulation, it does
have the right, and it is its duty to
obtain and ascertain in which paper
among those published in the county,
if there be more than one, has the
largest bona fide circulation. When
this fact is ascertained nothing re-
mains but to award the contract to
that publication.
at is argued by the Record that
this will give monopoly of the bus
mess to one paper in the county and
that high and exorbitant price will
be charged by the publisher, whereas,
by competitive bidding much less
rate could be obtained. Kentucky
Statutes Sub. Sec. 3, of Section LA
fixes the rate to be charged for such
advertisement, in the following Ian
guage:
"'That all newspaper advertise
ments required by this act or other
law, the publisher shall be entitled to
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