Crook v. Bartlett

• Decision Date: 15 October 1913
• Citation: 155 Ky. 305,159 S.W. 826
• Parties: CROOK, County Clerk, v. BARTLETT.
• Court: Kentucky Court of Appeals

159 S.W. 826

155 Ky. 305

CROOK, County Clerk, v. BARTLETT.

Court of Appeals of Kentucky.

October 15, 1913

Appeal from Circuit Court, Anderson County.

Petition by Wallace M. Bartlett for a mandatory injunction requiring J. H. Crook, County Clerk, to print ballots to be used by female voters in the election for county school superintendent. Injunction was granted, and defendant moves in the Court of Appeals to dissolve it. Motion denied.

James Garnett, Atty. Gen., and Frank L. Ripy, of Lawrenceburg, for appellant.

W. P Marsh, of Lawrenceburg, for appellee.

HOBSON C.J.

This proceeding was instituted by a petition filed in the Anderson circuit court seeking a mandatory injunction, requiring the county clerk to print ballots to be used by the female voters in the election for county school superintendent of Anderson county. The circuit court granted the injunction and a motion has been entered before me to dissolve it. The whole court sat with me in determining the motion.

By the act approved March 12, 1912, it is provided as follows:

"1. That all women possessing the legal qualifications required of male voters in any common school election, and who in addition are able to read and write, shall be qualified and entitled to vote at all elections of school trustees and other school officers required to be elected by the people and upon all school measures or questions submitted to a vote of the people; and all women possessing the legal qualifications required as to males shall be eligible to hold any school office or office pertaining to the management of schools. Provided, however, that this act shall not apply to any election the qualifications of the voters at which are otherwise prescribed by the Constitution nor to any office as to which the Constitution otherwise prescribes the qualifications of the persons eligible thereto.

"2. In all places where a registration of the qualified voters is now or may hereafter be required, women who are, by this act, qualified to vote shall be registered at the same time and place and by the same officers and in the same manner as male voters; their registration, however, being made in a separate book to be furnished by the county clerk as is prescribed by law in the case of male voters. And all the provisions of law relating to the registration of male voters are hereby made applicable to the registration of women qualified to vote by this act.

"3. When the elections referred to in section 1 of this act are held on the same day with the state, county or city elections, separate ballots, similar to those required in other elections, except that they contain only the names of candidates for school officers or questions relating to schools, shall be provided for women voters qualified under this act; otherwise the elections shall be held according to the provisions of the general election law.

"4. All laws or parts of laws in conflict herewith are hereby repealed." See Acts 1912, p. 193.

At the same session of the General Assembly, by an act approved March 18, 1912, it is provided as follows:

"1. *** There shall be a county superintendent of common schools in each county of the state who shall be possessed of good moral character and ability to manage the common school interests of the county efficiently. He shall possess a good English education and shall be competent to examine the teachers who shall apply to teach the common schools in the county. He shall be twenty four years old at the time of qualifying, a citizen of Kentucky, shall have resided two years next preceding the election in this county and one year in the county for which he is a candidate. ***

"3. The county superintendent shall be elected by the qualified voters of each county, qualified to vote in all school elections at the regular November election, provided by law and shall hold his office for four years from the first Monday in January following his election or until the election and qualification of his successor. The county superintendent shall be elected and the vote canvassed and the result certified by the same officers and in the same manner as in the election of other county officers and within ten days after the election, the clerk of the county court shall forward a copy of the certificate of election to the superintendent of public instruction." Acts 1912, c. 117.

The solution of the questions involved turns on the proper construction of these acts, and their effect under the provisions of the Constitution. The conclusions of a majority of the court are as follows:

1. By the act of March 18, 1912, the county superintendent shall be elected by the qualified voters of each county qualified to vote in all school elections at the regular November election. What the Legislature meant by voters qualified to vote in all school elections is to be determined by reading the act of March 12th in connection with this act; for the rule is well settled that the acts of the same Assembly are to be read together. By the act of March 12th all women possessing the legal qualifications of male voters in any common school election, and who in addition are able to read and write, shall be qualified to vote at all elections for school trustees and other school officers required to be elected by the people, and upon all school measures submitted to a vote of the people. Women possessing these qualifications are qualified voters of the county qualified to vote in all school elections within the meaning of the act of March 18, 1912. The two acts therefore, when read together, make women possessing the necessary qualifications qualified voters to vote for county superintendent, if this construction does not violate some provision of the Constitution. It is provided by the act of March 12th that the act shall not apply to any election the qualifications of the voters at which are otherwise prescribed by the Constitution, nor to any office as to which the Constitution otherwise prescribes the qualifications of persons eligible thereto. So the question is: Had the Legislature the power to confer on women the right to vote for school superintendent?

2. By section 145 of the Constitution, the qualifications of voters are prescribed and only male citizens possessing these qualifications are entitled to vote. By sections 147 and 148 only one election a year is to be held. This is to be held on the first Monday in November between the hours of 6 o'clock a. m. and 7...