Jones v. Botkin

Citations

• 92 Kan. 242
• 139 P. 1196
• 1914 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Cell-house Man in Penitentiary — Within the Protection of the Civil Service Act. An appointee to the position of cell-house man in the state penitentiary is not an officer within the meaning of section 2 of article 15 of the constitution, and is within the protection of the civil service act (Laws 1905, ch. 487) regulating -the appointment and removal of subordinate officers and employees in the charitable and penal institutions of the state.</p> <p>2. Same — Hospital for Criminal Insane — Attendants are Employees of the Penitentiary. The hospital for the criminal insane is maintained in connection with the state penitentiary, and the attendants and employees of the hospital are under the control of the board of directors and warden of the state penitentiary and are, in effect, employees of that institution.</p> <p>3. Same — Alternative Writ — States Cause of Action. The averments of the alternative writ examined and held to state a cause of action in mandamus to compel the warden of the state penitentiary to restore the plaintiff to the position formerly held by him as cell-house man in the state penitentiary.</p>