State v. Kennedy

Citations

• 82 Kan. 373
• 108 P. 837
• 1910 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County Commissioners — Repair of County Bridges. Under the provisions of article 2 of chapter 14 of the General Statutes of 1909 the board of county commissioners must determine what bridges shall be repaired at the expense of the county, the plans to be followed, the material to be used and the cost of the work, and must make appropriations to pay for the work. It may appoint a superintendent of repair for each bridge, but is not obliged to do so, and may itself exercise general oversight and supervision of the execution of contracts for such work. ■</p> <p>2. - Performance of Official Services by a Single Member Outside of Board Meetings. The efficient discharge of its duties may, and frequently does, require the board of county commissioners to perform official services outside of board meetings. In some instances the joint observation and combined participation of all the members may not b.e necessary, and in such a case a single member, acting as a committee of •the board, may render lawful services as a commissioner. Bridge repair work and oversight of the poor farm may afford opportunity for such services.</p> <p>3. - Compensation of Members of Board. The statutes of this state do not limit the compensation of members of the board of county commissioners to pay for services rendered at board meetings, and single members performing services of the kind described in paragraph 2 may be paid therefor the per diem compensation provided by statute, and statutory mileage.</p> <p>4. - “Corruption” — Removal from Office — Payment of Illegal or Excessive Demands against County. “Corruption,” within the meaning of section 2309 of the General Statutes of 1909 (Gen. Stat. 1868, ch. 25, §180), providing that if any county commissioner shall corruptly perform any duty he shall forfeit his office and be removed, involves the intentional disregard of law from improper motives; and in order that the payment of excessive or illegal demands ag