Burnside v. Lincoln County Court
Court of Appeals of Kentucky
Case 59 — APPLICATION FOR TAVERN LICENSE APPEAL FROM LINCOLN CIRCUIT COURT. 1. “ An act to authorize the people of Lincoln county to vote on prohibiting the sale of liquors, and fixing'the penalty for the sale of liquors-in said county,” is in violation of sec. 37, art. 2, of the State Constitution.” * 2. To forbid the sale of liquor for all purposes is the exercise of an arbitrary power, and unconstitutional. (Cooley’s Const.
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Case 59 — APPLICATION FOR TAVERN LICENSE APPEAL FROM LINCOLN CIRCUIT COURT. 1. “ An act to authorize the people of Lincoln county to vote on prohibiting the sale of liquors, and fixing'the penalty for the sale of liquors-in said county,” is in violation of sec. 37, art. 2, of the State Constitution.” * 2. To forbid the sale of liquor for all purposes is the exercise of an arbitrary power, and unconstitutional. (Cooley’s Const. Lim., 577, 593; Sedgwick, 438, 439; Sarles v. Commonwealth, 83 Ky., 327.) 3. An act constitutional in part and unconstitutional in part, but not severable, is wholly…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The application of the appellant, E. H. Bnrnside, to the Lincoln County. Court for “ a tavern license, with the privilege of retailing liquor,” was rejected upon the ground that it was absolutely forbidden by the act of the Legislature, approved April 14, 1886, and entitled “An act to authorize the people of Lincoln county to vote on prohibiting the sale of liquors, and fixing the penalty for the sale of liquors in said county.” (Acts of 1885-6, vol. 1, p. 1400.)
The circuit court, upon appeal, affirmed this ruling in so far as it denied the…
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