Hardy v. Board of County Commissioners

Citations

• 65 Kan. 111
• 68 P. 1078
• 1902 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Fees and Salaries — Act of 1897. The subject of accounting by county officers for fees collected by them and paying a portion collected into the county treasury, as required by chapter 131, Laws of 1897 (Gen. Stat. 1901, §§3023-3070), is included in the title of the act, to wit: “An act fixing the fees and salaries of certain persons and officers therein named. ’ ’</p> <p>2. -Invalidity of Forfeiture Section does not Destroy the Act. Assuming, but not deciding, that the provision contained in section 14 of chapter 131, Laws of 1897, imposing a penalty on the register of deeds of a money forfeiture of ten dollars per day to be paid to the county for each day’s failure by him to account for and pay into the treasury one-half the fees collected by him, is unconstitutional, as being an attempt to divert the proceeds of fines for breaches of the penal laws from the common-school fund, such invalidity does not impair any other parts of the act, because the penal provision is not such an integral portion of the whole law as to be inseparable from it, and it may fall of itself without destroying the remainder. .</p>