Dyche v. Davis

Citations

• 92 Kan. 971
• 142 P. 264
• 1914 Kan. LEXIS 354

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. University Extension Work — Fish and Game Department —Statutes and Official Proceedings Relating Thereto. Proceedings of the governing boards of the University of Kansas and official acts of the governor relating to the fish and game department contemplating an extension of University work to that department are recognized and made effective by statutes and appropriations. The proceedings, acts, statutes, and appropriations referred to are stated in the opinion.</p> <p>2. Two Offices — May be Held by One Person. The common law does not prevent one person from holding two offices provided the duties of neither one are incompatible with the duties of the other.</p> <p>3. Same — Entitled to Compensation for Each. In the absence of constitutional or statutory restrictions the incumbent of two offices, which he may rightfully hold, is entitled to the compensation provided by law for each. The same rule is applicable when a person holding a state office is also a professor in the State University.</p> <p>4. Same — When Two Offices Are Incompatible. Offices are incompatible when the performance of the duties of one interferes in some way with the duties of the other and there is an inconsistency in the functions of the two offices. It is difficult to define with precision this incompatibility. The question must be determined upon the facts of each case.</p> <p>5. Same — Fish and Game Warden — Professor of Systematic Zoology, etc., in State University — Same Person May Draw Both Salaries. The duties of the fish and game warden are not incompatible or inconsistent with the duties required by the board of administration of the professor of systematic zoology and taxidermy and curator of birds, mammals and fishes in the State University, and the person holding both positions may lawfully draw the salary provided by law for each.</p>