School District No. 37 v. Board of Education

Citations

• 110 Kan. 613
• 204 P. 758
• 1922 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. House Bill No. 48 — Laws of 1921 Providing for Disorganization of Certain School Districts — Legally Enacted. The legislative journals show affirmatively that house bill No. 48 was passed by the house and messaged to the senate where five or six amendments were adopted in committee of the whole, the bill was reengrossed, duly passed, messaged back to the house, which refused to concur in the amendments and a conference .committee was appointed, which reported to the senate recommending that the senate recede from certain of its amendments and that the house accept the other amendments.' The senate adopted the conference report on roll call duly taken and entered on the journal. The bill with conference report was messaged to the house which on the same day adopted the conference report on a roll call which was duly entered in the journal. The enrolled bill, signed by the president and secretary of the senate, the speaker and chief clerk of the house, approved by the governor and published, is worded the same as the reéngrossed bill in the senate with all the senate amendments to the original bill. The house journal of the proceedings of the day following the adoption by the house of the bill and conference report, contains a report from the chief clerk stating that he had compared six house bills, including house bill No. 48, with the enrolled bills; 'that the same were correctly enrolled as passed, had been properly signed by the officers of the house and senate, and had been that day presented to the governor for his approval. Held, the recital in the house journal of the report of the chief clerk is entitled to as much consideration as another coming from the same source, and the effect of the consideration of all the recitals of the journals of both houses is merely to cast a doubt upon the validity of the act, and therefore, following Belleville v. Wells, 74 Kan. 823, 88 Pac. 47, and cases cited in the opinion; The State, ex