Kaiser v. State

Citations

• 80 Kan. 364
• 102 P. 454
• 1909 Kan. LEXIS 74

Syllabus

<p>SYLLABUS BY THE' COURT.</p> <p>1. Insane Persons - — • Liability of Estates for Cost of Maintenance at State Hospital — Constitutional Provision. The provision of the constitution (art. 7, § 1) that “institutions for-the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require,, shall be fostered and supported by.the state, subject to such regulations as may be prescribed by law,” does not prevent legislation making the estates of persons committed to the-state hospital for the insane liable for the cost of their maintenance there.</p> <p>2. Constitutional Law — Uniform and. Equal Taxation. Nor is. such legislation in conflict with the constitutional provision requiring uniformity and equality in the rate of taxation.</p> <p>3. Insane Persons — Liability of Estates for Maintenance at-State Hospital. Under the provision of the statute in relation to the state hospital for the insane (Gen. Stat. 1889, §3726; Gen. Stat. 1901, § 3988) that if the probate court shall find; that a person adjudged to be insane has sufficient means for-his maintenance and that of his family, without impoverishment, it shall order his guardian to pay for his maintenance-out of his estate, the state may upon the death, of a patient in such hospital recover from his administrator the cost of his maintenance for any period during which he was possessed of' means not needed for the support of any one dependent upon him.</p> <p>4. - Same. The rule stated in the foregoing paragraph is. not altered by the fact that the form of commitment prescribed in that statute, directing the patient to be received and maintained at the expense of the county or the guardian,. was changed in a revision (Laws 1901, ch. 353, § 60) to read' “at the expense of the state.”</p> <p>5. Judgments — Bes Judicata. The fact that the probate court found that a person adjudged insane was without sufficient. means for his support, and ordered that his maintenance-