King v. Wooster

Citations

• 111 Kan. 625
• 208 P. 654
• 1922 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — To Compel Approval of Salary Account of Secretary of State Board of Education — Duty of State Superintendent. It is the duty of the state superintendent of public instruction to approve the salary account of the secretary of the state board of education prepared for presentation to the state auditor, if correct.</p> <p>2. Same. In acting in such matter the superintendent is under no responsibility to pass upon the question whether the secretary when elected to that office had the qualifications specified by the statute.</p> <p>3. Same — Qualifications of Secretary of State Board of Education — Not Open to Collateral Attack. Under the statute requiring the state board of education to elect a secretary who shall be “a graduate of a four-year course of study of a university, college, normal school, or institution of like rank” where it elects one who before the adoption of the statute had.been graduated after a three-year course in a normal school which when the statute was passed granted a diploma only upon the completion of a four-year course, and had since taken additional studies that might reasonably be regarded as the educational equivalent of an additional year as part of a regular course leading to graduation, the title to the office of the person so elected is not open to collateral attack for ineligibility on the ground indicated.</p> <p>4. Same — Secretary Entitled to Her Salary. In the situation set out in the preceding paragraph the secretary is entitled to compensation for filling the office, and the state superintendent of public instruction is not justified in refusing to approve an account therefor by reason of the facts stated.</p> <p>5. Same — Plaintiff Entitled to Attorney’s Fee. The evidence in a mandamus proceeding is held to support a judgment allowing a recovery by the plaintiff of an attorney’s fee.</p>