Beck v. McAfee

Citations

• 105 Kan. 325
• 182 P. 397
• 1919 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute — Providing for County Settlement of Public Welfare Institutions — A General Law. The law providing for the establishment of a county settlement of public welfare institutions in certain counties (Laws 1915, ch. 271, Gen. Stat. 1915, §§ 2846-2850) is a general law.</p> <p>2. Same — Law is Constitutional. The law is not unconstitutional because it authorizes benevolent expenditure of public funds, derived by taxation, for the benefit of those who, by reason of age, infirmity or other misfortune, have claims on the sympathy and aid of society, although not paupers.</p> <p>3. Same — Purpose of the Law The law is benevolent in purpose, as distinguished from a poor law, is not a supplement to the poor laws, and the powers conferred on the board of county commissioners are to be exercised independently of its powers relating to paupers and the county poor farm.</p> <p>4. Same — Location of Welfare Settlement — Construction of Statute. By definition of the settlement as “ten acres of land situated as near as practicable to the county seat,” etc., the legislature located the settlement. The word “practicable” has its ordinary meaning of “capable of being done,” and the law requires the settlement to be established as near the county seat as is capable of being done.</p> <p>5. Same — Powers of County Commissioners in Locating the Settlement. The board of county commissioners has no general discretion over the subject of locating the settlement, by taking into consideration the welfare of all the people of the county, the welfare of all those who may be cared for at the settlement and at the poor farm, and other matters determined by the legislature in fixing the statutory location. The function of the commissioners is limited to determining the fact of practicable nearness to the county seat.</p> <p>6. Same — Purchase of Site. Although in a particular instance purchase may not be necessary, the law contemplates purchase of a site.