Harling v. Buckland

Citations

• 110 Kan. 542
• 204 P. 763
• 1922 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutes — An Act Authorizing the Erection of Courthouses in Certain Counties — Issuance of Bonds in Payment Therefor Without a Vote of the People —Act Constitutional. Chapter 155 of the Laws of 1921, authorizing the board of county commissioners in counties having a population of 110,000 or over to construct or reconstruct a courthouse and in payment therefor ' to issue bonds of the county in a sum not exceeding $1,000,000, is not invalid for the reason that it authorizes the issuance of such bonds without requiring a vote of the people.</p> <p>2. Same — Certain Objections Mere Criticisms. Certain objections to provisions of the act are held to be mere criticisms of the policy and wisdom of the law.</p> <p>3. Same — Act Not Repugnant to Section 16, Article 0, of the Constitution. The act is not repugnant to section 16 of article 2 of the constitution on the ground that it does not contain sections of the former acts amended nor in express terms repeal them. In relation to the subject matter of the act, which is the building of courthouses in counties of a certain class, the statute is a code unto itself; former legislation on the subject of building courthouses has still a field for operation, the new act being merely supplemental and auxiliary thereto.</p> <p>4. Same — Act a General Law and Applies to a Class of Counties. The act is general in form and' applies to a class of counties, and therefore is not repugnant to section 17, article 2 of the constitution.</p> <p>5. Same — County Authorized to Erect Courthouse. Counties being mere agencies of the state for governmental purposes, the legislature possesses power to authorize a county of a certain class to assume and discharge a liability for the erection of a courthouse.</p> <p>6. Same — Amount of Bonds to Be Issued — Not in Excess of Limitation Allowed by Law. The fact that the amount of bonds- authorized by the act in question may cause the indebtedness of the county to exce