State ex rel. Jackson v. Bentley

Citations

• 80 Kan. 227
• 101 P. 1073
• 1909 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice — Establishment of a High School — Statutory Provisions Mandatory. The statute providing for a high school in Gove county (Laws 1903, ch. 445) directed the county commissioners at their first regular session after the passage of the act to publish a notice for six weeks that they would consider a petition for the establishment of such school. No action was taken by the board until July 11, 1903, when it considered the petition and made an order that the school be established. A notice signed by the chairman of the board and the county clerk had, however, been published for seven weeks prior to such meeting, but only five weeks after June 1, the date when the statute took effect by publication. Held, that the publication of the notice as required by law for six weeks after the act took effect was a condition precedent to the establishment of such school, without which it could not be legally established.</p> <p>2. -Same. Until the act took effect the commissioners had no more power to give the notice than to make the final order, and the words “the passage of this act,” in section 3 of the statute, relate to the time that it should take effect.</p>