The Mt. Sterling advocate., 1920-05-18
No. n

AS tne good roads campaign con-
Quoted by the Advocate has pro-
gressed step by step it has been ex-
pected that now the way had been
cleared for taking the sense of the
voters of Montgomery; the opposition
would come forward with some sort
of argument as to why the proposed
bond issue, pointing the way to early
construction of the Midland Trail and
the Bourbon to Menefee highways
with some type of permanent road
material should not carry.
Seldom if ever is any propositions
advanced against which at least some
point cannot legitimately be raised.
Thus far, however, such opposi-
tion as has developed is expressed
in an attempt to prevent the people
having vote on the question.
The petition praying that County
Judge E. w. Senff call an election
for July tenth on the question
whether or not Montgomery -oun-
ty shall issue bonds in the sum of
three hundred thousand dollars, Rav-
ing been duly passed upon by legal
authority as to its sufficiency, Judge
Senff was preparing in pursuance Of
his plain duty in the premises to is
sue an order on Monday, County
Courtday, calling the election.
On Saturday, however, a petition
seeking, to prevent the submission of
the question by injunction was fled.
The petition is signed by Rex Hall,
w, X. Prewitt, R. R. Whitsitt, Robert
Howell, HI. C. Howell, F. P. Boyd,
Joshua Owings, Jr., r. c. Gatewood,
L. l.. Bridgforth and A. L. Upton.
Circuit Court Clerk John Fl. Blount,
upon the execution of bond by the
plaintiffs, issued restraining order
and same was Immediately served.
The complainants, who say they own
property of the aggregate value of
more than three quarters of million
dollars, and who say they are SUNG
for themselves and all other tax
payers of the county, base their ac-
ton upon two grounds:
First, that the petition is tech
nically faulty, for the reason that it
asks that the work be done with ma
terial better than that heretofore en-
ployed (macadam.)
In answer to this objection, it may
be said that macadam, with the traf-
fic of today, is a proven failure. 1t
simply will not stand up under the
heavy strain and the primary pur-
pose of all good roads agitation in
Kentucky and elsewhere, is to obtain
roads of more lasting material
than macadam. The petition used
here is in the exact language of the
one used in Bourbon county last year.
under which bonds to the amount of
half million dollars are being is
sued. Other counties have authorized
bond issues upon petitions substan-
TALLY in the same language, and if
our Montgomery County Petition is
adjudged faulty, then much good
work in the State will be undone.
For this reason, the present suit will
attract statewide attention.
The second objection is that some
of the signers' are not freeholders
Qandowners). This is true to the ex-
tent of some twenty odd, but this is
for the reason that the ,
law only requires $50 fresholders to
sign and it is signed by 1913 persons,
so that deducting the ones who do not
own real estate, would leave consid-
eratly more than the necessary
number.
The plaintiffs are represented by
Attorneys Chas. ID. Grubhs and ".
:. Hamilton. County Judge Senff,
whose duty it will be to act in ac-
'ordance with the ruling of the court,
las retained Judge Robert II. Winn to
him. The procedure will
'e to make motion within the next
ew days before the Circuit Judge of