Waller v. Murray

• Decision Date: 19 October 1899
• Citation: 53 S.W. 25
• Parties: WALLER et al. v. MURRAY et al. [1]
• Court: Kentucky Court of Appeals

53 S.W. 25

WALLER et al. v. MURRAY et al. ^[1]

Court of Appeals of Kentucky.

October 19, 1899

Appeal from circuit court, Barren county.

"Not to be officially reported."

Contest by S. H. Waller and others of an election to take the sense of the voters of Barren county as to whether spirituous liquors should be sold therein. Judgment for contestees, John A. Murray and others, and contestants appeal. Affirmed.

Boles & Duff and W. L. Porter, for appellants.

J. D. Wilson, for appellees.

WHITE, J.

The sole question presented in this case is as to the validity of the general law (Act August 6, 1892), whereby the sense of the people of any county or subdivision thereof may be taken as to the sale of spirituous liquors,--the local option law. It is admitted that at an election duly called as that law provides a large majority of the voters of Barren county voted against the sale of liquors, but appellants contended in the court below that the law was void because in its passage the two houses of the general assembly did not follow the constitutional provisions concerning the passage of the bill. This precise question was decided by this court in Lafferty v. Huffman, 99 Ky. 80, 35 S.W. 123; Com. v. Shelton, 99 Ky. 120, 35 S.W. 128; Com. v. Hardin County Court, 99 Ky. 188, 35 S.W. 275. The judgment below, being in conformity with these opinions, is affirmed.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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