State ex rel. Brewster v. Doane

Citations

• 98 Kan. 435
• 158 P. 38
• 1916 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County Office — Created by Constitution — To be Filled by Election— Electors Entitled to Vote. Where the constitution creates a county office to be filled by election, the electors defined by the constitution are the electors by whose suffrage such office is to be filled.</p> <p>2. Same — Legislature no Power to Abridge Right of Suffrage. It is not within the power of the legislature to abridge the right of suffrage for an officer created by the constitution when that instrument prescribes that such officer shall be chosen by election.</p> <p>3. County Superintendent — Constitutional Office — Election by Electors of Entire County Including Cities. Since the constitution defines the qualifications of electors (Const., art. 5, § 1) and provides that “a superintendent of public instruction shall be elected in each county” (Const., art. 6, § 1) a statute restricting the right of suffrage for such officer to electors of the county residing in the county territory lying</p> <p>• outside the cities of the first and second class and abrogating the right of the qualified electors of such cities to vote for such officer is unconstitutional and void.</p> <p>4. Same — Mandamus—State Properly Party Plaintiff. Where a question arises as to the constitutionality of a statute, the state is interested; and its name may be lawfully invoked by the attorney-general or county attorney to maintain an appropriate action to have the matter adjudicated.</p>