Dever v. Humphrey

Citations

• 68 Kan. 759
• 75 P. 1037
• 1904 Kan. LEXIS 173

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Employment — Preference to Soldiers and Sailors. To obtain the preference given by chapter 186, Laws of 1901 (Gen. Stat. 1901, §§6509-6512), to soldiers and sailors who served in the war of the rebellion, for appointment to public position or employment, it must appear on investigation that they possess equal qualifications for the position or employment with other available applicants.</p> <p>2. -Authority to Make Appointments. Where the legislature places the authority of making appointments upon officers and boards, and vests them with a discretion and judgment to determine who is best qualified to serve the public, the courts cannot supervise the exercise of such authority, nor control the discretion and judgment so vested.</p> <p>3. “Veterans’ Preference Law ’’— Character and Extent of In- - vestigation. The character and extent of the investigation under the “veterans’ preference law” is not prescribed by the legislature, but the appointing power is expected to investigate in good ' faith, fairly to oonsider the qualifications of the applicants, and honestly to determine who is best fitted to perform the duties of the place sought.</p>