State ex rel. Stubbs v. Dawson

Citations

• 86 Kan. 180
• 119 P. 360
• 1911 Kan. LEXIS 205

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Governor—Supreme Executive Power. The provision of article 1 of the constitution which vests the supreme executive power in' the governor implies that the governor is the highest in authority in the executive depart- . ment, with such power as will secure a faithful execution of the laws in the manner and by the methods prescribed by the constitution and statutes enacted in harmony with that instrument.</p> <p>2. - Attorney-general — Duties—Statute Mandatory. The statute making it the, duty of the attorney-general, when required by the governor, to appear for the state and prosecute in any eonrt or before any officer, in any cause or matter, civil or criminal, in which the state may be a party or interested, is. mandatory.</p> <p>3. Prohibitory Law — Examination of Witnesses — Authority of Governor. A proceeding for the examination of witnesses-under the provisions of the prohibitory law (Gen. Stat. 1909,. § 4366) is a matter before an officer in which the state is interested, and when required by the governor the attorney-general has no discretion to refuse to prosecute in such a. proceeding.</p> <p>4. - Same. In such a proceeding as that referred to ini the above paragraph, and in the situation shown by the facts in this case, it is within the authority of the governor to-name the witness to be subpoenaed and examined.</p>