Gustafson v. Board of County Commissioners

Citations

• 88 Kan. 335
• 128 P. 186
• 1912 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law—Statutes Must Have a Uniform Operation. Where the subject of an act of the legislature is one of common interest to all the members of a group of counties and no difference in situation or circumstance exists justifying difference in treatment and preventing the framing of an applicable general law of uniform operation upon all the members of the group alike, the exclusion of one of the counties from the benefit of the act renders it void.</p> <p>2. - Special Legislation—Undersheriffs. Chapter 210 of the Laws of 1907, authorizing the boards of county commissioners in counties having a specified population, except McPherson county, to allow a certain sum for the hire of an undersheriff is unconstitutional and void.</p> <p>3. - Exception Not Capable of Severance. The exception of McPherson county is not a separate and independent provision which may be disregarded and leave the remainder of the act effective, since to eliminate the exception would change the scope of the law and make it applicable in territory where the legislature expressly declared it should not operate.</p>