Moore v. Nation

Citations

• 80 Kan. 672
• 103 P. 107
• 1909 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Office and Officers — Duties—Performance. The duties of a public office include all those which fairly lie within its scope; those which are essential to the accomplishment of the main purposes for which the office was created, and those which, although incidental and collateral, are germane to or serve to promote or benefit the accomplishment of the principal purposes. All such duties are official and the incumbent may be compelled to perform them. Duties not so related to an office are unofficial, can not rightfully be attached to it, and the incumbent is not obliged to perform them. '</p> <p>2. Jury and Jurors — Selection—Judicial Function. To make effectual the constitutional guaranty of the right of trial by jury the district court possesses, by virtue of the sovereignty reposed in it, inherent power to provide itself with a jury. The legislature may aid and regulate the exercise of this power, but the selecting of jurors from the inhabitants of the proper territory to determine issues of fact in court is a court function, cognate with that of hearing and deciding, and is not “administrative” in origin, purpose or character in the true sense of that term.</p> <p>3. - Jury Commissioner — Duty Imposed upon District Judge. Chapter 232 of the Laws of 1907 requires the judge of the district court in certain counties to perform the duties of jury commissioner, and authorizes him to appoint a jury clerk to assist him in the performance of such duties. Held, the duties prescribed are not administrative in character, fall within the scope of the office of judge of the district court, and do not appertain to another office within the meaning of section 13 of article 3 of the constitution forbidding a judge of the district court to hold any other office of profit or trust.</p> <p>4. Office and Officers — New Duties — Additional Compensa,tion. When a public official takes office he undertakes to perform all its duties, although some of t