State ex rel. Jackson v. Prather

Citations

• 84 Kan. 169
• 112 P. 829
• 1911 Kan. LEXIS 448

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Public Officer Whose Term Has Expired. One whose term as a public officer has expired may be required by mandamus to perform an act which he should have done while in office, wherever it is in its nature capable of such subsequent performance, and a public purpose is to be served thereby.</p> <p>2. Statutes — Special Law Repealing General Law — Limitation. Where an act establishing a special law for a particular county contains a clause in terms repealing the general law on the subject such clause will ordinarily be regarded as limited in its operation to that county.</p> <p>8. -Repeal of Repealing Load. — Revivor of Original Act. In such a case the repeal of the special act brings the county again within the operation of the general law, the statutory rule that the repeal of a statute does not revive a statute previously repealed having no application to such a situation.</p> <p>4. Constitutional Law — Title of an Act. Chapter 142 of the Laws of 1909 does 'not violate the constitutional provision that “no bill shall contain more than one subject, which shall be clearly expressed in its title.” (Const, art. 2, § 16.)</p> <p>5. -Special Law Repealing a Special Law. The adoption of a constitutional provision against special legislation does not prevent the repeal by special act of a special law previously enacted, or its partial repeal, where the effect is merely to withdraw a county from the operation of the special law and make it subject to the general law.</p> <p>6. Statutes — Construction—Special Salary Law Repealed — New Law Enacted but Operation Postponed — General Law Operative in the Interim. Where at the same session the legislature repeals a special act fixing the compensation of the ifficers of a particular county, and by a separate act provides a new schedule applicable to such county, the presumption that might otherwise exist of an intention that the old basis should govern until the new one took effect fai