State v. Carter

Citations

• 74 Kan. 156
• 86 P. 138
• 1906 Kan. LEXIS 25

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. General Statutes — Authentication — Adoption — Evidence. The compilation known as the General Statutes of 1897 not having been authenticated according to law, and not having been adopted by the legislature in a constitutional manner as ■a revision of the statutes, the matters embodied in it are not to be deemed the general statutes of Kansas; nor does such compilation afford prima facie evidence of the due passage and publication of the provisions, sections and chapters which it contains.</p> <p>2. Constitutional Law — -Amendment of a Law — Intoxicating Liquors. In the compilation referred to section 8 of chapter 149, Laws of 1885, relating to the procuring of evidence concerning violations of the liquor laws and providing for proceedings against persons'and property based upon such evidence, is arbitrarily divided into two parts, which are separately printed as section 49 and section 50 of chapter 101 of that work. Chapter 233 of the Laws of 1901 purports to amend section 49 of chapter 101, General Statutes of 1897, without intending or attempting to repeal that part of section 8 of chapter 149, Laws of 1885, embraced in section 50, and without embodying such part in the new section. Held, the amendatory act violates section 16 of article 2 of the constitution and is void.</p>