Albach v. Benson

Citations

• 92 Kan. 1036
• 142 P. 293
• 1914 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>. 1. Police Jud^e — Cities of Second Class — Existence and Tenure of Office. The office of police judge in cities of the second class being one of legislative creation for public convenience and welfare, the legislature has plenary power over its existence and tenure.</p> <p>2. Same — .Adoption of Commission Form of Government — Eliminates Elective Office of Police Judge. The police judge of a city of the second class, elected in April, 1913, for a term of two years, accepted his certificate of election and entered upon the duties of his office subject to the power of the electorate to eliminate him as a city official by adopting the commission form of government and choosing a board of commissioners according to the provisions of chapter 82 of the Laws of 1909.</p> <p>3. Same — Power of Commission to Appoint Police Judge. On the election and qualification of a board of commissioners of a city of the second class which has adopted the commission form of government, such board is authorized to appoint a police judge of its own selection for a term of two years.</p> <p>4. Same — Appointee Entitled to the Office. On the qualification of such an appointee he is entitled to the office, although the term of a police judge elected under the general law before the adoption of the commission form of government has not expired.</p>