Reilly v. Knapp

Citations

• 105 Kan. 565
• 185 P. 47
• 1919 Kan. LEXIS 130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Title of Chapter 1, Laws of 1919, Contains Two Subjects — Appropriations and Qualification for Offices — Section 2 of the Act is Unconstitutional and Invalid. Chapter 1 of the Laws of 1919 contains two subjects: first, an act making appropriations for the executive and judicial departments of the state; second, an act to render certain persons ineligible to hold any office, place- or position referred to in the act, and relates to the qualifications for certain offices. The title of the act is broad enough to include both subjects. Held, that section 2, which attempts to fix the qualifications for certain offices, being part of a bill containing two subjects, violates section 16 of article 2 of the constitution, and is void..</p> <p>2. Same — Exception to General Rule that Both Parts of a) Double Bill Fall together, Recognized and Applied. The general rule is, that where an act contains two separate and independent subjects having no connection with each other, and the title is broad enough to cover both, both portions of the act fall together and' are treated as void, because, generally, it is impossible for the c’ourt to choose between the two and hold one part valid and the other void, but where no such difficulty arises, and it is apparent, as in the present case, that the enactment of the provisions of section 2 furnished no inducement to pass the other part, and where a consideration of the entire chapter warrants the belief that the legislature would have passed the appropriation act alone, the rule does not apply, and it is held that the remainder of the act which relates to appropriations is valid.</p>