Buckner v. Gordon
Court of Appeals of Kentucky
Case 108 — CONSTITUTION, ELECTIONS APPEAL PROM CLARK CIRCUIT COURT. The qualifications prescribed by the constitution for voters at State elections do not apply to municipal elections. Every State and county officer holds under a constitutional tenure, and from governor down to constable the organic law creates the office, describes the functions, duties and liabilities of the incumbent, and fixes the duration of his term.
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Case 108 — CONSTITUTION, ELECTIONS APPEAL PROM CLARK CIRCUIT COURT. The qualifications prescribed by the constitution for voters at State elections do not apply to municipal elections. Every State and county officer holds under a constitutional tenure, and from governor down to constable the organic law creates the office, describes the functions, duties and liabilities of the incumbent, and fixes the duration of his term. The conclusion is irresistible that as to the offices of cities and towns, as contradistinguished from State, district and county offices, the makers of the constitution…
1Opinion of the Court
JHDGE HINES
delivered the opinion op the coubt.
This is a proceeding to test the right of contending claimants to the office of police judge in the town of Winchester.
In 1840 the charter of the town was amended so as to provide that the trustees should be elected “by the free. *667white .male inhabitants . . over the age of twenty-one years, who shall have been bona fide residents of said town at least six months before said election, and shall have paid their poll-tax for the preceding year (whether the same hath been charged by the assessor or not), and also have paid all arrearages and taxes due…
2Cases cited1 opinion
- Police Commissioners v. City of LouisvilleCourt of Appeals of Kentucky · 1868
3Cited by19 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Koy v. SchneiderTexas Supreme Court · 1920
- Scown v. CzarneckiIllinois Supreme Court · 1914
- Ledgerwood v. PittsTennessee Supreme Court · 1909
- Branch v. AlbeeOregon Supreme Court · 1914
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