In re the Disbarment of Burnette

Citations

• 73 Kan. 609
• 85 P. 575
• 1906 Kan. LEXIS 297

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ' Attorneys — Disbarment — Character of the Proceeding. Under the statutes of this state the remedy of disbarment is a special proceeding to deprive the accused of the power to abuse the office of attorney and counselor at law. It is not a criminal proceeding, but its gravity suggests caution and strictness. The special statute regulating it must be followed so far as the steps to be taken are prescribed. Otherwise it is to be conducted in general harmony with the practice of the courts in civil cases.</p> <p>2. Supreme Court- — Original Jurisdiction. Under the constitution of this state the original jurisdiction of the supreme court is confined to proceedings in quo warranto, mandamus, and habeas corpus; and even in these matters some special reason must exist for invoking its powers or parties will be relegated to courts of general jurisdiction for relief.</p> <p>3. -Appellate Jurisdiction. Under the constitution of this state the appellate jurisdiction of the supreme court is limited to expounding the law and correcting errors appearing on the record in the proceedings of inferior courts, whether such proceedings be presented for review by proceedings in error or by appeal.</p> <p>4. -Legislature Cannot Enlarge Scope of Original Jurisdiction. It is beyond the power of the legislature to enlarge the scope of the original jurisdiction of this court, either directly by authorizing the primary consideration of cases other than those specified in the constitution, or indirectly by including such cases within its review power on appeal.</p> <p>5. Jurisdiction — Trial de Novo on Appeal. The jurisdiction to consider causes de novo on appeal, and to decide them on the law and the evidence according to the right of the case, independent of the rulings and judgment of the lower court, - is original and not appellate.</p> <p>6. Statutory Construction — Constitutionality. If a statute be open to two interpretations, under one of which it wo