Missouri, Kansas & Texas Railway Co. v. Simons

Citations

• 75 Kan. 130
• 88 P. 551
• 1907 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Evidence of the Legal Enactment of a Statute. While courts may look to the journals of a legislature as well as to the evidence furnished by an enrolled bill to determine whether a challenged act received the required number of affirmative votes, such acts, when approved, certified and authenticated as the constitution requires, cannot be overthrown by reason of entries in a journal which are themselves contradictory and of doubtful import.</p> <p>2. -An Act Held to Have Received the Required Number of Votes. The validity of chapter 199 of the Laws of 1905, creating a judicial district, was challenged because of an entry in the journal of the house of representatives tending to show that a constitutional majority of the members of that house did not vote for the act. A later entry was to the effect that a constitutional majority did vote for the act and that it passed. Held, not to be invalid.</p>