Harvey v. Rush County Com'rs

• Decision Date: 13 June 1884
• Citation: 32 Kan. 159,4 P. 153
• Parties: ALEXANDER HARVEY, as Treasurer of Rush County, et al., v. HE BOARD OF COMMISSIONERS OF RUSH COUNTY
• Court: Kansas Supreme Court

4 P. 153

32 Kan. 159

ALEXANDER HARVEY, as Treasurer of Rush County, et al., v. HE BOARD OF COMMISSIONERS OF RUSH COUNTY

Supreme Court of Kansas

June 13, 1884

Error from Rush District Court.

ACTION by Alexander Harvey, treasurer of Rush county, Allen McCann county clerk of said county, and F. C. Brooks, superintendent of public instruction of said county, against The Board of Commissioners of that county, upon the following agreed statement of facts:

"It is agreed by the parties hereto that the following are the facts in the case, to wit:

"1. That the county of Rush is a duly and regularly organized county in pursuance to the laws of Kansas, and has been such for more than five years last past.

"2. That each of the above plaintiffs now holds the office above indicated, and has held the same ever since the month of January, 1882.

"3. That at the time said plaintiffs were elected, and entered upon the duties of their respective offices, and in accordance with the assessor's returns for the year 1882 the population of Rush county in said state was over five thousand inhabitants.

"4. That the school population in said county during all the time from January 1, 1882, and now, exceeds 1,500.

"5. That in the year 1883 an act was passed by the legislature entitled 'An act to regulate the salaries of county clerk, county treasurer and county superintendent of Rush county.'

"6. That the Topeka Capital is, and has been since April 5, 1882 the official paper of the state of Kansas, and that said bill was duly published in said paper on the 4th day of March, 1883.

"7. That a true and correct copy of said act is hereunto attached, and made a part hereof.

"8. That on the 9th day of April, 1883, at the regular session of the board of county commissioners of Rush county, each of said plaintiffs presented his demand against Rush county to said board; that the demand was in due form, itemized and sworn to as required by law."

"10. That said demands were taken up, considered by the board, and allowed to the following extent only, to wit: Alex. Harvey, county treasurer, $ 285; Allen McCann, county clerk, $ 251.57; F. C. Brooks, county superintendent, $ 111.70.

"11. That each of said allowances was accepted, but under a strong protest by each of said parties, and with the understanding on the part of said officers that they, the said officers, received said allowances only as a partial compensation for the last quarter's salary.

"Now, therefore, for the purpose of having this matter determined on its merits, and for the purpose of avoiding a multiplicity of suits, and further costs, it is agreed that no rights were waived by the acceptance of the plaintiffs of a part of their demand; that no objection is to be taken in consequence of the plaintiffs having joined in the same action; and that if the court shall find the law of 1883 is in conflict with any part of the state constitution or of the constitution of the United States, or is in anywise retroactive in its character so as to affect the present officers, or does not take effect as to the present officers, to wit, the above plaintiffs, in that event the plaintiffs shall receive as follows, to wit: Alex. Harvey, county treasurer, $ 360.15; Alex. McCann, county clerk, $ 301.57; F. C. Brooks, county superintendent, $ 130.00. But if the court shall find that the act referred to is not in conflict with any part of the constitution of the state of Kansas or of the constitution of the United States, or is not in anywise retroactive in its character as to affect the present officers, and if the same takes effect as to the present incumbents, to wit, the above plaintiffs, in that event the action of the board of county commissioners shall be sustained; the vanquished party to pay the costs of the action, both in the supreme and in the district courts.

"Provided further, that each party shall have the right to have the judgment of the district court reviewed the same as if the above facts had been introduced as evidence in the ordinary manner.

"Notice of appeal, and all other irregularities, waived."

Trial had at the September Term of the court for 1883, a jury being waived. The court, after examining the agreed statement of facts and hearing the argument of counsel thereon, and being fully advised in the premises, rendered judgment against the plaintiffs and in favor of the defendant for all costs. To the rendition of the judgment the plaintiffs excepted 3, and bring the case here.

Judgment affirmed.

S. I Hale, for plaintiffs in error.

G. P Cline, county...