OCR Interpretation


The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, June 10, 1920, Image 7

Image and text provided by University of Kentucky, Lexington, KY

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn86069675/1920-06-10/ed-1/seq-7/

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Bom! invt Opidmi
OF APPEALS OF KY.
1., Plaintiffs
n.
A W.tfwrff Go. Judff. Dtfendaat
Xeatorft&da Opiaio
It i prevwkd in Seetfen 4307, of
tfa Keetaeky StatHtee, that the
Ctatnty Coart may, poa -the peti
jA$ of 1 legal voters, oall an elec
tion to determine 'whether the Fiscal
Oetfrt shall have the power to issuo
on4e for the purpose of building
meonstrocting roads and
i
!3SE
" ',&"'.i2JI 1-2 w.
V "Sfv
Jr -
Main Street
LEXINGTON
(over Bassefts)
'BBBSSMAEING-
.' Ladies' Tailoring
MILLINERY
We are offering
? 'IHCIM, PRICES
on '
SUITS and MILLINERY
svf or tfie Month of June
SEE OUR PRICES
jjbtf ore you place any order
4Chas. B, Young
ARCHITECT
225 West Short St.
LEXINGTON, KENTUCKY
WMkm'. Tho tMtioii fttHhor ft-
that when the petitle k filed,
tfw County Judge shall order the
olesHoa and submit to the voters the
qaestion: "Are you in favor of issu
ing bo'nds for the purpose of build
ing roads and bridges." It is fur
ther provided: "That all of tho money
raised by tho sale of bonds shall bo
used solely and alone for tho build
ing, construction or reconstruction
of roads of asphaltum, concrete,
brick, stono block, macadam, gravel
or other processes of equal merit."
In Montgomery County tho requis
ite number of qualified voters pe
titioned tho County Judgo to call an
election for tho purpose of taking tho
scnio of tho legal voters of the
County upon tho question : "Whether
or not tho Fiscal Court of said Coun
ty shall from time to time issuo and
sell bonds of said County in tho sum
of $300,000.00 for tho purpose of
building, construction or reconstruc
tion of public roads and bridges with
more durable and better material
than has theretofore been used upon
said roads."
After this petition was filed the
plaintiffs in this case brought this
suit against the County Judgo to en
join him from calling tho election,
upon the ground that ho would, un
less restrained, order an election and
submit to the people the question
above set forth. It is further averred
that the words "with more durable
and better material thanjjns hereto
fore been used upon said roads" in
corporated, in tho question the pe
titioners asked should be submitted
to the voters contained a request not
authorised by the Statute and so dif
ferent from tho provisions of the
Statuto as not to confer on the
County Judge power to call the elec
tion. The power to designate the kind
and quality of material that shall be
used in the construction and recon
struction of roads and bridges is con
fined by tho Statuto within the limita
tions therein prescribed to the Fiscal
Court, and neither the petitioners nor
tho voters have the authority to dic
tate to the Fiscal Court tho kind of
quality of material that it shall use,
although the Fiscal Court 'might be
restrained from using material not
mentioned in the Statute.
But here the petitioners have at
tempted to control the discretion of
the Fiscnl Court by asking that there
bo submitted to the voters a ques
tion that would, if binding on the
"Waiting Around the Corner" There' a Treat in Store for You
LEXINGTON CREAM FLOUR
Light, tasty biscuits, wholesome white
bread, delicious, airy cake's are the in
variable rule when Lexington Cream
Flour is used. It improves the, pastry
of the best cooks -opens the way to
new table delicacies of all kinds, and
once used, becomes a real necessity in
any kitchen.
JaBB
Lexington Cream Flour is made from
wheat grown on the limestone soil of
the famous Blue Grass region of Ken
tucky, the finest wheat lands in the
world. It is packed in attractive sani
tary sacks of 12 and 24-pound size. It
is much whiter, requires less shorten
ing and is more wholesome than ordi
nary flour.
ML STERLING COMMISSION 4 STORAGE CO.
8. P. GREENWADE, Prop.
PHONE No. 2
Qucon and Railroad
Fiscal Court, deny it tho right to
construct or reconstruct roads ,with
macadam or any other material that
had therefore been used upon tho
roads of tho county. In other words,
if tho roads in tho county had been
built of macadam or gravel, some
other moro durable and better ma
terial must be used in their construc
tion or reconstruction with the money
authorized by tho bond issue such
for example as asphaltum, concrete,
brick or stono block. -
The petitioners, as I have said,
have no authority to attempt to dic
tate to the Fiscal Court the kind of
material it should use, and if the
question incorporatedin the petition
had been submitted to tho voters, they
would bo called on to vote on a
question not authorized by tho Stat
ute.1 It is plain that if this question
should be submitted in the manner
proposed by the commissioners and
the bond issue 'be adopted by the
people, tho limitation attempted to be
imposed on tho power of the Fiscal
Court jvould not bo controlling on it.
But if the Fiscal Court should au
thorize tho issue of bonds under tho
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SUITS,
-330 WEST MAIN SJa
LEXINGTON, KY.
ANNOUNCE FURTHER REDUCTIONS ON
j'
ki
COATS and DRESSES
mjg
til,
1 .
Suits at $26.25, $32.25, $33.75, $36.75, $42.00.
Suits with distinctive style features of finest serges, tricotines, Poiret
twills, mostly navy blue, sizes 16 to 50.
! Coatsat $14.50, $18.75$24.75, $32.25, $36;75.
Mostly sport models in polo cloth, velour, bolivia, goldtone, silvertone, sizes
fc.aGto42.
-
m
Dresses at $15.00, $18.75 $23.45, $26.25, $32.25
Np?J Choose from taffetas, satin, crepe meteor, crepe do chine, taffeta com
bined with georgette, foulard-combinations, sizes 16 to 42.
ijSfc"
-
A 25 PER CENT. REDUCTION ON HAVILAND CHINA
Now for the sale you have been waiting for. Haviland & Company have
just advised us that for the present duo to the high'cost of coal in France,
l.....! n C lnlr.t rfifl nlirnriin t tuaftivt limicn luftr Tiimr nvn nirniri AiYirfilloM
I 2Fto make quite an advance on Haviland China and at the same time discontinue
825 patterns. This will eliminate all Haviland China from the market for some
time to come.
Wo will place all Haviland China with the. exception of a few pieces in
fcthe white and gold pattern on sale beginning Monday at a reduction of 25
tefow cent.
- 'As some stocks are limited wo advise early buying.
Y
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y
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y
y
y
y
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vote, reserving to itself tho right, me and concur in what I have said
which it has, to determine the kindjnnd in the conclusion reached,
of material to be used, and it should
use material of the same quality and
kind that has heretoforo been used
upon tho roads, it would result in a
deception being practiced on the peo
ple who might not have voted a bond
issue except for tho understanding
that moro durable and better material
would bo used than had theretofore
been used.
It is said, however, for the County
Judgo who has made it clear that his
only purpose in resisting tho injunc
tion is to be advised as to the legal
ity of the petition anfl act according
ly: that the words "with more dur
able and better material than has
heretofore been used upon said
roods'' might be treated as surpuls
ago and disregarded in the order call
ing the election.
If these words wero frivolous and
meaningless, they might be treated
as surplusage and an election called
omitting theiA from the question sub
mitted, but these words are not friv
olous or meaningless; they are well
chosen and clearly express, a defin
ite purpose on the part of tho peti
tioners to require that the bond issuo
should bo expended in constructing,
ond reconstructing roads out of moro
durable and better material than has
heretofore -been used. In view of
the meaning of the words inserted
and the purpose of their insertion, it
is fair to assume that the petitioners
would not have signed the petition
with these words omitted from It.
The County Judgo -was only peti
tioned to submit a definite, well
worded question and if in its sub
mission he should leave out certain
material words, he would bo submit
ting a question tha tho has not been
petitioned to submit. It is the peti
tion nlpne that confers on the County
Ju'dgo the power to order an electifin
and if he should order nn election
without a petition or order an elec
tion containing a question substan
tially different from that requested
by the petitioners, his call would be
unauthorized by the Statute.
Tho Statute prescribed in a very
definite way the method of calling
nn election like this, nnd its provi
sions must bo substantially followed.
Therefore, I am of tho opinion thnt
tho motion to dissolve tho injunction
granted by tho Judgo must bo over
ruled. Judges Hurt, Settle, Thomas
nnd Sampson heard this matter with
John D. Carroll, Chief Justice, Court
of Appeals.
Juno 7th, 1920.
'i
Not even Senator Lodge, can gal
vonize a separate peace from an
"act of dishonor" into respectability.
OUR LEADER! J
We have a good ground coffee that
is very popular at 30 cents per lb.
It is hard to keep this coffee in stock.
Leave your order with McGuiro
Bros., Bank street.
i m i
Of course chicken feed is high
priced, but it is still cheaper at a
grain store than at a table d-hoto.
YOU CANNOT HIDE THE TRDTH
About the Clark Automatic "Gate. It is
sold "by Right of Merit" and "by Reason
of Demand." Could any article have a
better selling argument?
Clark Automatic Gates are stock proof
always locked an economical invest
ment. They are a real necessity and in
expensive. "Quality goes in before the name goes on"
CLARK GATE CO.
(Incorporated)
LEXINGTON, - - KENTUCKY
CONSTRUCTION MAN HAS
NARROW ESCAPE
IS ALMOST KILLED BY TRAIN IN RAILROAD YARDS
N. L. Bick, of No. 717 Eighth Ave.,
Huntington, W. Va., narrowly escap
ed death in that city a short time ago.
Mr. Bick. while at work, was seized
by a dizzy spell and forced to go to
his home. Starting across the C. & O.
yards he became unconscious and
fell between tho tracks, where he was
found by a passerby and assisted
home. A friend recommended that ho
take The Reese Formula It-11. This
ho did, ond is now feeling fine and
tells of tho incident as follows :
"I have suffered from dizzy spells
caused by stomach, liver and kidneys
for years and until I began taking tho
Reese Formula R-ll nothing seemed
to benefit me in the least, although I
believe I have taken everything. Not
only has the dizziness disappeared,
but I feel better all over. I eat, sleep
and feel as though I had never known
a sick day in my life. I most heartily
recommend this remedy to ovoryono
suffering as I did and only wish I
had known of Tho Reese Formula
R-ll sooner.
Don't be skeptical or delay any
longer; stop suffering. Get a bottlo
of The Reese Formula R-ll today at
Wm. S. Lloyd's Drug Store, or your
own druggist. C9-2t
KZZ&
A HOST OF CHARMING STLYES IN SUMMER APPAREL AND
MILLINERY
at
SPECIAL PRICES
Yes, they're here in a large variety of distinctive creations
SMART SUITS SPORT COATS SUMMER FROCKS
SPORT SKIRTS DAINTY WAISTS MILLINERY
All at prices so low as to make them genuine bargains
No, it is not our policy to quote comparative prices we would rather you
do your own comparing the result will be to our advantage.
Where the
Oreatest
Va'uesln
Women'
Outer
AppM
And Milliner
Come Prow
311-315
West Short
Street
Tho Doors
West ot
" Mill Street
Lexlncton.
Kentucky
LEXINGTON, KY. . g
i
j H'M ItMIIIIIIHll t, it, it, it Jl it ft -i,tf.i. 4. ll. A

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