State v. Bateman

Citations

• 110 Kan. 546
• 204 P. 682
• 1922 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — An Act Providing for the Care and Keeping of Insane Persons by Certain Relatives — Provision Within the Title of the Act. The title of chapter 247, Laws of 1907, which reads: “An act concerning lunatics, insane persons, idiots, imbeciles, distracted persons, feeble-minded persons, drug habitues, and habitual drunkards,” etc., is broad enough to include a provision creating a liability upon certain relatives, of a lunatic or upon their estates for the cost of his care and keeping.</p> <p>2. Same — Act Not in Conflict With Fourteenth Amendment of the Federal Constitution. The act is not in conflict with section 1 of the fourteenth amendment to the constitution of the United States, although there is no provision in the act for notice to relatives of a person charged with being a lunatic of the time and place of. the hearing of the lunacy proceedings in the probate court.</p> <p>3. Same — Act Does Not Violate the State Constitution. It does not violate section 1 of article 11 of the state constitution which requires the legislature to provide a uniform and equal rate of assessment and taxation.</p> <p>4. Insane Persons — Liability of Father for Maintenance and Care of an Insane Adult Son. Under section 33 of the act which reads: “The following relatives shall be bound by law to provide for and support the persons referred to in sections 31 and 32 of this act: The husband for' the wife and the wife for the husband, the parent for his or her children, and the children for their parents,” it is held that the state may maintain an action against the father of an insane son who has been committed to the state hospital, to recover the per capita cost of his maintenance and care, after the son has reached the age of twenty-one years.</p> <p>5. Same — Statute an Innovation on the Common-law Liability of Relatives. The statute is an innovation on the common-law liability of relatives, and recognizes the moral obligation r