Gilbert v. Craddock

Citations

• 67 Kan. 346
• 72 P. 869
• 1903 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Construction — Repeal by Implication. In order that a specific provision of a legislative act be repealed by the implication arising from the passage of a subsequent act, such subsequent act must contain that which was clearly intended to take the place of such specific provision.</p> <p>2. --- Cities and City Officers. A specific direction requiring the election of an officer of a city contained in a general charter act is not repealed by implication by the passage of a subsequent general charter act which recognizes the existence of such office but says nothing as to how he shall be elected. •</p> <p>3. - Authority for Election of Mayor. Authority for the election of a mayor may be found in the necessary implication from an act of the legislature, as well as^in its express terms.</p> <p>4. - “Necessary Implication” Defined. A necessary implication does not shut out every other possible or imaginary conclusion, but is such an one as under all the circumstances a reasonable view impels us to take, the contrary of which would be improbable and absurd.</p> <p>5. -Potoer of Courts. In drawing such implication, courts may read the entire act as well as past acts in pari materia, take into consideration the purposes and scope of the act, the inconveniences, inconsistencies and absurdities of a contrary view, and the general policy and character of our institutions.</p> <p>6. -- City Charter Act of 1903 Construed. Although no express provision is found in the charter act of cities of the first class passed in 1903 (Laws 1903, ch. 122) for the election of mayors in such cities containing more than 50,000 inhabitants, there is found therein implied authority for such election.</p> <p>7. Emotions — Oath and Bond Unnecessary Before Quo Warranto. Until the canvassing board, whose duty it is to canvass the votes cast at an election, to declare the result thereof, and to issue a certificate of election to the one found to have been e