Stephens v. Board of County Commissioners

Citations

• 79 Kan. 153
• 98 P. 790
• 1908 Kan. LEXIS 204

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law—Legal Enactment of a Statute—Evidence—Enrolled Bill. “An enrolled statute imports absolute verity and is conclusive evidence of the passage of the act and of its validity, unless the journals of the legislature show affirmatively, clearly, conclusively and beyond all doubt that the act was not passed regularly and legally, and this rule applies to the title as well as to the body of the act.” {The State v.'Andrews, 64 Kan. 474, 67 Pac. 870.)</p> <p>2. -Same. Where the journals of the legislature are self-contradictory, and, reasonably construed together, indicate that the title of a bill was the same when adopted by each branch of the legislature as it appears in the enrolled bill, the presumption in favor of the accuracy of the enrolled bill is sustained.</p> <p>3. -Adoption of Report of Conference Committee. Where a bill originating in°the senate is passed thereby and in due course is amended and passed by the house, and the senate non-concurs in the amendments and the bill goes to a joint conference committee, which agrees upon an amended bill and reports the same to the senate, and the senate adopts the report by an aye and nay vote and by a constitutional majority, the bill is legally passed by the senate in accordance with rule 39 adopted thereby for the session of 1903.</p> <p>4. -- Special Act—Applicability of a General Law. The amendment adopted at the general election of 1906 to section 17 of article 2 of the constitution of Kansas is not retroactive iñ effect.</p>