State v. Deets
| Decision Date | 05 January 1895 |
| Citation | 54 Kan. 504,38 P. 798 |
| Parties | THE STATE OF KANSAS v. JOHN T. DEETS, as Sheriff of Crawford County |
| Court | Kansas Supreme Court |
Appeal from Crawford District Court.
ON February 6, 1894, an information was filed in the district court of Crawford county charging John T. Deets, sheriff of that county, with unlawfully failing, neglecting and refusing to present and file a statement of his fees and mileage with the board of county commissioners of the county on the 5th day of February, 1894, that being the first day of the regular session of the board of the county for the month of February, 1894. The defendant filed a motion to quash the information, alleging the unconstitutionality of the act under which the information was drawn, being chapter 95, Laws of 1893, entitled "An act regulating the fees and salaries and prescribing certain duties of the county officers of Cherokee and Crawford counties, Kansas, and providing penalties for the violation of the provisions of this act," approved March 10, 1893. The following sections of said chapter 95 read:
This motion was by the court sustained, and The State appeals from the judgment rendered thereon.
Judgment affirmed.
W. H. Morris, for appellant.
Fuller & Randolph, and Gaitskill & Butterworth, for appellee.
OPINION
If chapter 95, Laws of 1893, attempting to regulate the fees and salaries of the county officers of Cherokee and Crawford counties, be interpreted so that all of its provisions took effect from and after the 18th of May, 1893, the date of its publication in the statute books, except those directly affecting the salaries of the officers, then a part of the act took effect at one time, and other parts will not take effect until later periods. Section 13 provides: "This act shall not affect the salaries of county officers of Cherokee and Crawford counties now holding office." At the time the act was published, Crawford county had a sheriff, coroner, county clerk, register of deeds, and county surveyor, whose terms of office expired in January, 1894; a treasurer, whose term expired in October, 1894; a probate judge, district clerk, county superintendent, and county attorney, whose terms of office expired in January of 1895 and three county commissioners, one whose term expired in January, 1894; the others will expire in 1895 and 1896, respectively. If chapter 95 be construed as not having any force or effect during the official life of the officers of Crawford county in office on March...
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