State ex rel. Schenck v. Board of County Commissioners

Citations

• 83 Kan. 199
• 110 P. 92
• 1910 Kan. LEXIS 495

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Provisions of Existing Statute Extended to New Subject by Reference. In this state the legislature may, without violating the constitution, extend the provisions of an existing statute to a new subject by an appro-, priate reference to such statute in the new act.</p> <p>2. -Power of Legislature by Statute to Interpret an Earlier Act. The legislature has the power, under the constitution, to declare by a later act the meaning and intention of an earlier one, and in such event the legislative interpretation is binding in all cases arising after it has been made manifest.</p> <p>3. -Reference and Interpretative Statutes Not Amendatory. Reference statutes and interpretative statutes are not amendatory within the meaning of section 16 of article 2 of the constitution.</p> <p>4. - Formula to be Employed in Reference Statute. When the provisions of a statute are extended by reference it is not necessary that any particular formula of reference be employed. If the necessary inference, from the general meaning of the new act and the purpose of the legislature in framing it be that the former statute shall.govern the new subject, the extension is as clear as if studied expressions to effect it had been used.</p> <p>5. -Provisions of Existing Statute that Are Extended by Reference. In cases of legislation by reference those provisions only of the extended act are incorporated in the new . one which are appropriate to the new subject.</p> <p>6. - Statute Relating to Construction and Maintenance of Levees. Chapter 80 of the Laws of 1909 indicates that the provisions of chapter 104 of the Laws of 1893, as amended by chapter 216 of the Laws of 1905,' relating to the construction and maintenance of levees, shall apply to the construction of levees partly within and partly without cities of the first class, and does not violate the section of the constitution referred to.</p> <p>7. Jurisdiction — County Commissioners — Constr