Tabor v. Lander
Court of Appeals of Kentucky
Case 36 — PETITION EQUITY AND INDICTMENT — Whether or not the amended charter repealed tbe local option law as to the city, it is clear that the city, after it's passage, had the right to regulate the liquor question for itself, and the city having taken a separate vote, as it had a right to do, and voted in favor of the sale of liquor, the local option law no longer existed in the city.
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Case 36 — PETITION EQUITY AND INDICTMENT — Whether or not the amended charter repealed tbe local option law as to the city, it is clear that the city, after it's passage, had the right to regulate the liquor question for itself, and the city having taken a separate vote, as it had a right to do, and voted in favor of the sale of liquor, the local option law no longer existed in the city. (Commonwealth v. Bogie, 1 S. W. Rep., 532; Commonwealth v. Cain, 14 Bush, 533; Commonwealth v. King, 86 Ky., 436.) 1, The amendment of April 30, 1888, was not intended as a repeal of the local option law for…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
On. the petition, of the appellees, Lander and others, filed in the circuit court in May, 1892, a writ of prohibition issued against the appellant, Tabor, as judge of *239the Hancock County Court, who is alleged to be about to grant licenses to sell spirituous, vinous and malt liquors within the limits of Hawesville, a city embraced within the territorial limits of magisterial district No. 1, in Hancock county. In this district, it is alleged, at a duly appointed election, held in August, 1890, a majority of the legal voters had voted against the…
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