State ex rel. Hopkinsv. Posey

Citations

• 109 Kan. 552
• 200 P. 288
• 1921 Kan. LEXIS 318

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Consolidation of School Districts — Title of Act Sufficient. Chapter 275 of the Session Laws of 1911, entitled:</p> <p>“An act to provide for the voluntary disorganization and consolidation of school districts to provide for the transportation of pupils and to amend sections 7431, 7432, 7436 and 7439 of the General Statutes of 1909,”</p> <p>does not violate the provision of section 16 of article 2 of the constitution which requires that the title to an act shall clearly express its subject matter, although the text of the act is not as broad as its title. The act does provide for the voluntary disorganization and consolidation of school districts and for the transportation of pupils; and the concluding language of the title, “to amend sections 7431, 7432, 7436 and 7437 of the General Statutes of 1909” may be disregarded as literal inadvertence or surplusage.</p> <p>2. Same. An act of the legislature which is sufficient in itself as an independent piece of constructive legislation is not necessarily nor commonly invalid as a whole because it disregards and supersedes in whole or in part an earlier act on the same general subject without formally undertaking to amend the earlier act, nor because a superfluous part of its title announces a purpose to amend the earlier act while the text itself does not so amend it, nor because one section of the later act not vital to its main purpose prescribes the repeal of certain sections of the earlier legislation although no such purpose is indicated in the title.</p> <p>3. School Election — -Alleged Electioneering Misconduct — Did Not Vitiate Election. The electioneering misconduct of a county superintendent in her efforts to induce electors of school districts to vote in favor of establishing a consolidated school under the provisions of chapter 275 of the Session Laws of 1911, as alleged in plaintiff’s petition, examined, and held, that assuming such allegations of misco