In re Ellis

Citations

• 76 Kan. 368
• 91 P. 81
• 1907 Kan. LEXIS 270

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>i. Constitutional Law — Title of an Act — Intoxicating Liquors —Attorney’s Fees as Costs. The title to chapter 165 of the Laws of 1887 is broad enough to include the provision of section 5 thereof (Gen. Stat. 1901, § 2476) which authorizes the taxing of attorney’s fees as costs in prosecutions brought by the attorney-general or his assistant under the prohibitory liquor law.</p> <p>2. Habeas Corpus — Unfit Jail. The fact that a county jail is in bad condition and is an unfit place in which to keep prisoners confined will not authorize this court to order a prisoner confined therein released on habeas corpus.</p> <p>3. - Failure to Pay Fine and Costs — Authority of Commissioners — Cruel and Unusual Punishment. The board of county commissioners alone has authority to order the release of a prisoner committed to the county jail for failure to pay a fine and costs. The refusal of the board to discharge a convicted person who has been found to its satisfaction to be unable to pay the fine or costs will not make his imprisonment cruel or unusual punishment, nor furnish ground for his release by habeas corpus.</p>