Reese v. Hammond
| Decision Date | 06 March 1915 |
| Docket Number | 19278 |
| Parties | REESE v. HAMMOND ET AL. |
| Court | Kansas Supreme Court |
Under chapter 262 of the Laws of 1911 and chapter 278 of the Laws of 1913, a township having no cities of over 300 population may establish, locate, and maintain a township high school.
Appeal from District Court, Dickinson County.
Action by John A. Reese against F. B. Hammond and others. From a judgment for defendants, plaintiff appeals. Affirmed.
B. C Hurd and G. W. Hurd, both of Abilene, for appellant.
C. E Rugh, of Abilene, for appellees.
The appellant is a resident taxpayer of Flora township, Dickinson county, Kan. He brought suit in the district court against the appellees, who are the township board and township high school board, to restrain them from establishing a township high school under chapter 278 of the Laws of 1913. The city of Manchester, which contains about 250 people, is located in Flora township, and appellant contends that the appellees have no power to establish a high school in that township under the act named above. A demurrer to the petition was sustained, and the case is here for review.
The sole question relates to the proper construction of the first section of chapter 262 of the Laws of 1911 and chapter 278 of the Laws of 1913. The first of these acts is entitled "An act relating to township high schools." Section 1 of that act reads:
"The legal electors of any township in which there is no town or city in the state are hereby authorized, as provided for in this act, to establish, locate and maintain a high school in such township."
It will be observed that in the original statute a township high school was only authorized in townships in which there was no town or city. We may properly assume that in this enactment the Legislature was proceeding in good faith to comply with the constitutional mandate imposed upon it to encourage education. Article 6, § 2, State Constitution. Until that act was adopted, no adequate means for secondary education was provided in townships which did not contain cities. Hence the act of 1911.
But the act of 1911 did not entirely cover this need. If a township contained a city of considerable population, such city would probably have a high school, which the children of the township might attend under various statutory regulations. If the township contained only a very small city, one which could not afford the burden of a high school, the children of the township were denied the privileges of secondary education; and in the further pursuit of its constitutional duty the Legislature of 1913 amended the first section of the act of 1911 to make it read:
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Marshall v. The Wichita and Midland Valley Railroad Company
... ... ambiguity or omission, or manifest error appearing on the ... face of a statute or ordinance (Reese v. Hammond, ... 94 Kan. 459, 146 P. 997; Coney v. City of Topeka, ... ante, p. 46, 96 Kan. 46, 149 P. 689), but it would never do ... to permit ... ...
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Gratney v. The Board of County Commissioners of The County of Wyandotte
... ... This is only making the naked letter of the statute yield to ... its obvious intent. ( Brook v. Blue Mound, 61 Kan ... 184, 59 P. 273; Reese v. Hammond, 94 Kan. 459, 146 ... P. 997; Sutherland on Statutory Construction, § ... 260.)" ( Coney v. City of Topeka, 96 Kan. 46, ... 49, 149 ... ...
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Tatlow v. Bacon
...naked letter of the statute yield to its obvious intent." (p. 49.) (See, also, The State v. Knoll, 69 Kan. 767, 77 P. 580; Reese v. Hammond, 94 Kan. 459, 146 P. 997.) contention is that the plaintiff should have resorted to the supersedeas bond before obtaining an execution against the pers......
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State v. Lamont
... ... the burden of such high-school concerns. Similar enactments ... have been tacitly recognized as constitutional. (Reese ... v. Hammond, 94 Kan. 459, 146 P. 997; Fisher v ... Beck, 99 Kan. 180, 160 P. 1012.) Whatever may be the ... proper definition of legislative ... ...