Young v. Regents of University of Kansas

Citations

• 87 Kan. 239
• 124 P. 150
• 1912 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus ■ — • School of Mines —■ “Party Beneficially Inter- ■ ested.” The plaintiff is a citizen of Weir, the owner of a home there and the head of a family. He is a coal miner by ■ trade and the superintendent of several coal mines in his vicinity. He desires and intends to attend the. school of mines and metallurgy created by chapter 30 of the Laws of’ 1911, and educate himself in the branches of learning required to be taught there, having already taken a considerable portion of the courses of study provided for, and he has a son whom he desires and intends to educate at the school. Held, he is entitled to maintain an action of mandamus in his own name to compel the establishment of the school, under section 715 of the civil code, which provides that the writ of mandamus may issue on the information of “the party beneficially interested.”</p> <p>2. Statutes — Interpretation—Intent of Legislature. ' It is the-duty of the court to interpret a statute designed to ameliorate social conditions and promote the general welfare of the people of the state in such a way that it may be upheld and not. nullified, if it be possible to do so, and in such a way that the intention of the legislature may be carried out to the fullest. extent. A casus omissus should not be acknowledged if by any reasonable interpretation the statute may be , read to avoid it.</p> <p>3. School op Mines — To Be Established by Regents of University. The duty of establishing the school of mines and metallurgy created by the statute referred to in paragraph 1 is imposed upon the regents of the University of Kansas.</p>