The public ledger. [volume] (Maysville, Ky.) 1913-1968, 1921-11-25
new CITY OFFICERS
WILL take Office
ON January FIRST
Attorney General In Opinion Given PO.
lice Judge.Elect Curran Says New
City Officers DO Not Take
Office Until January.

Sudden transfer Of Maysville from
the fourth to the third class Of cities
caused some considerable conflict In
things and chief among these was the
date upon which newly elected city
officials should take their Office. I'm
der the fourth class city plan officers
took their seats on the first of jan
uary but as third class cities officers
take their seats on the first Monday in
December. To finally settle the qucs-
tion, Mr.. II. G. Curran asked Attorney
General Dawson for an opinion which
he received Friday. 1t follows:
81 have your letter Of November H.,
in which you state that you were elect
ed Judge Of the Police Court of the
City Of Maysville at the recent Novem-
ber election. The present Judge was
elected four years ago as Police Judge
of Maysville. At that time Maysville
was a city of the fourth class. 1t is
now city Of the third class. You de-
sire to know If under these circum-
stances you assume the duties of your
Office on the first Monday in Decem-
ber, or does the present Judge contin-
uc in office until the first Monday in
January succeeding the November
election?
Section 1858 of Kentucky Statutes,
in dealing with the office of Police
Judge of cities of the third class, pro-
vides that the Police Judge shall hold
Office for term of four years, begin
ming on the first Monday in December
next after his election. This section
is part of the Act of June IA, 1893.
Section 1862 of Kentucky Statutes,
in dealing with the term of officers in
cities of the fourth class provides that
members of the Board of Common
Council shall begin on the first Mon
day in January after their election,
and all other officers, whether elected
or appointed, shall begin their respect
i've terms on the first Monday in Jan
uary following their election. Under
this section Police Judges Of cities of
The fourth class begin serving their
.erms of Office OH the first Monday in |
January following their election, and
continue in office for term of four
ears.
Chapter 1854, page 694, of the Acts
# 1920, re-classifies the cities and
owns of the state, placing Maysville
n the third class, This act, however,
rovides:
THAT all officers now holding Of
Ice in any of the cities changed from
class other than they were at the
me such officers were elected will
old their offices until the term for
'hich they were elected has expired,
nd until their successor has been
lected and qualified II
"Inasmuch as this is later act than
ection 1858, which provides that
Judges of the Police Courts in cities
T the third class assume their Office
n the first Monday in December af-
or their election, it must be con-
trued, to the extent that it is in con-
let herewith, as an exception to the
eneral language found in Section
353.
1T is, therefore, my opinion that the
resent Police Judge, under the ex-
ress language of the Act of 1920,
lould be allowed to fill out the re-
ainder of his term, and that you, as
le first Police Judge elected after
aysville became a third class city,
i'll assume the duties of your Office
4 the first Monday in January, 1922. |
our successor, however, next elected,
i'll begin his term in December next
ter his election, as provided in Sec
IN 1858.
Trusting this is the information
u desire, ! am, very truly yours,
"CHAS. /. DAWSON,
Attorney General" z