Clark v. Wallace County Com'rs
Decision Date | 09 February 1895 |
Citation | 39 P. 225,54 Kan. 634 |
Parties | S. H. H. CLARK et al., as Receivers of the Union Pacific Railway Company, v. THE BOARD OF COMMISSIONERS OF WALLACE COUNTY et al |
Court | Kansas Supreme Court |
Error from Wallace District Court.
ON the 11th day of December, 1893, S. H. H. Clark, Oliver W. Mink E. Ellery Anderson, J. W. Doane and F. R. Coudert brought this action, as receivers of the Union Pacific Railway Company, to restrain the board of county commissioners and the treasurer of Wallace county from collecting a special or extra levy of 10 mills on the dollar's valuation of the Union Pacific property in that county, and to prevent the board from issuing warrants for payment of bounties on wolf coyote, rabbit and gopher scalps. At that time a temporary injunction was granted. Afterward the defendants filed answer, to which plaintiffs replied. On the 19th day of April, 1894, the case was submitted to the court upon the pleadings and the following agreed statement of facts:
Judgment was rendered dissolving the temporary injunction, and refusing the prayer of the petition for a perpetual injunction. From that judgment the plaintiffs appeal and bring the case here.
Judgment reversed.
A. L. Williams, N. H. Loomis, and R. W. Blair, for plaintiffs in error:
The commissioners claim authority to pay a bounty on gopher scalps by virtue of chapter 87, Laws of 1871 (P 1890, Gen Stat. of 1889); but that act is void, being in conflict with § 16, article 2, of the constitution. A mere glance at the act shows that the subject treated of is not clearly expressed in the title, or, to be accurate, is not expressed at all. Reading the title would not suggest gophers, or bounties for their scalps, or warn the reader that the passage of the act might entail 1 per cent. additional tax on all the property of the state. This clause of the constitution has been considered many times by this court, and while it may seem unnecessary to cite authorities, we call attention to a few of the cases where it has been held that certain acts were in violation of § 16, article 2. See Comm'rs of Norton Co. v. Snow, 45 Kan. 332; In re Wood, 34 id. 645; M. K. & T. Rly. Co. v....
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