State ex rel. Ramsey v. Deming

Citations

• 98 Kan. 420
• 158 P. 34
• 1916 Kan. LEXIS 101

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute — Establishing City Courts in Certain Counties — “Special Act.” Chapter 196 of the Laws of 1915, although couched in terms of a general enactment, makes so restricted a classification of the counties in which it is to be effective that it is in fact a special act.</p> <p>2. Same — Special Legislation. Chapter 196 of the Laws of 1915, which attempts to establish courts in counties of 55,000 population or less, having cities of 16,000 population' or more, but exempting from the control of such courts all cities of less than 16,000 inhabitants in such counties, and providing that only after a vote of the people shall the act be operative in such counties as would fall within such class if they comprise a separate judicial district, is special legislation under the test of section 17 of article 2 of the state constitution.</p> <p>3. Same — City Courts — Classification of Counties — Statute Unconstitutional. An act of the legistlature which attempts a classification of counties which is capricious, illogical and unreasonable is essentially special and not general in its nature, and can not be upheld under the scrutiny of the constitutional amendment of 1906. (Const., art. 2, § 17.)</p> <p>4. City Courts — Chapter 196 of the Laws of 1915 — Unconstitutional. Chapter 196 of the Laws of 1915, which prescribes a different rule from that of the general law for the administration of justice as to service of process, procedure, the law of garnishment, the giving of bonds in garnishment and on appeals, violates the uniformity clause of the state constitution. (Const., art. 2, § 17.)</p>