State ex rel. Dawson v. Meek

Citations

• 86 Kan. 576
• 120 P. 555
• 1912 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Creation of Courts — Valid, Statute. The act (Laws 1909, ch. 112) creating in certain counties a second division of the district court, and providing for the discontinuance of the court of common pleas at a later date, at which time a third division should be created, does not violate the provision of the constitution that no bill shall contain more than one subject, nor the requirement that to be valid a statute must fix a single date at which all parts of it shall take effect.</p> <p>2. - Same. An act providing for a change in the courts of counties having a certain population need not, in order to be operative, fix a method by which the population is .to be ascertained.</p> <p>S. Creation of New Court — Method of Ascertaining Population. Where a statute provides for the creation of an additional division of the district court in counties having a certain population, and such statute has. been acted upon in a county shown by the state census to have the required population, the court will regard it as applying to such county.</p> <p>4. County Attorney — Appointment — Joint Action of Two Judges. Under a statute providing for the immediate creation of two divisions of the district court, and for the subsequent creation of a third, and further providing that the power of appointing a county attorney in case of a vacancy shall be exercised jointly by the judges of the two divisions, or a majority of them, such an appointment, during the time that the court is composed of two divisions, can only be made by the concurring action of the two judges.</p> <p>5. - Resignation — Acceptance. Under the conditions stated in the preceding paragraph, where a county attorney resigns that oifice on account of having been elected as a member of the national house of representatives, and the two judges treat the office as vacant, their action amounts to an acceptance of the resignation.</p>