Anderson v. Commonwealth
Court of Appeals of Kentucky
Cases 57, 58, 59 — INDICTMENTS APPEAL PROM CHRISTIAN CIRCUIT COURT. APPEALS PROM JESSAMINE CIRCUIT COURT. The act of January 26, 1874, known as the local-option law, neither commands what is right nor does it prohibit what is wrong, nor is it permanent, uniform, or universal, nor does its obligatory force depend upon the action of the supreme power of the state; it is unconstitutional. (Cooley’s Con.
Read the full summary
Cases 57, 58, 59 — INDICTMENTS APPEAL PROM CHRISTIAN CIRCUIT COURT. APPEALS PROM JESSAMINE CIRCUIT COURT. The act of January 26, 1874, known as the local-option law, neither commands what is right nor does it prohibit what is wrong, nor is it permanent, uniform, or universal, nor does its obligatory force depend upon the action of the supreme power of the state; it is unconstitutional. (Cooley’s Con. Lim., 3d ed., pages 116-125.) It is also contended that said act, if constitutional, does not authorize persons who are not residents of the city of Hopkinsville to vote, because it says in a…
1Opinion of the CourtChief Justice Lindsay
delivered the'opinion oethe court.
These cases bring up for determination the question of the constitutionality of the act of the general assembly, approved January 26, 1874, entitled “An act to regulate the sale of spirituous, vinous, and malt liquors in the commonwealth/’ commonly known as the “local-option law.”
After mature deliberation and a most thorough and careful examination of all the authorities bearing on this subject, the *488members of the court find themselves unable to agree on some of the questions directly and necessarily connected with the main question in issue.
We unanimously…
2Cited by8 opinions
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
- City Bowling Green v. McMullenCourt of Appeals of Kentucky · 1909
- Commonwealth ex rel. Barth v. McCannCourt of Appeals of Kentucky · 1906
- Sarrls v. CommonwealthCourt of Appeals of Kentucky · 1885
- State ex rel. Maggard v. PondSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.