People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03

act meets every contingency when it
arises, and operates alike upon all
that come within the scope of its
authority, it is regarded as uniform
IN its operation, and is not to be
deemed invalid merely because it does
not become applicable to the classes.
communities or things at the same
moment of time, or which may be
subsequently governed by it,. To be
valid however, such an act must be-
come a lawn its entirety, and not in
sections or fragments"
1t strikes me that the last sentence
of the language quoted, ITO be valid
however, such an qct must become a
law in its entirety, and not in sec.
tiOnS or fragments" only emphasizes
the doctrine laid down in the other
part o. the opinion. The test of a
law in regard to the time of its tax
ing effect seems to be then that the
law must become a law to all intents
and purposes and for all purposes at a
single definite fixed time. Now. if
this act that we have under consider
alton is to be construed in the man.
ner which was evidently the intention
of the legislature, we have section 9.
relative to county surveyor, in full
force and effect from and after the
18th of April 1893, and all other SER
tionS held in abeyance at least Until
the 8th of January 1894, when the
offices of county clerk, sheriff and
register Of deeds became vacant as to
the officers then holding them, when
sections >, 1 and I would 60 into
effect, section | would then be held
in abeyance until October 10, 1894,
when the term OF the then county
treasurer would expire; sections 3, 6
and s, are still in allowance and will
not into force and effect until the
terms of the present district clerk,
county attorney and probate judge
shall nave expired, which will be
January IA, 1895.
As before stated, if this is or was
the meaning of the legislature in en-
acting said chapter 81 of laws of 1893,
it is conceded on all sides that said
act is unconstitutional aud void.
Now the question is, can it be given
any other construction or any con-
struction that will uphold said act
and give it force and effect? Counsel
for the state insists that this act or
this section 10 of this act comes with
in the purview and authority OF Com
miSSiOners VS.. Chew, A Kan. 162.
Were it not for the latter clause of
said section, "but shall be in full
force and effect as to county surveyor"
this construction could be given and
said law under said authority might
be upheld; but | remark at this time
that it strikes me Mr.. Commissioner
Strang carried the doctrine to its ut
most tension in that case. As read
section s of chapter l59 of the laws of
1887, it is clear to my mind that the
legislature meant exactly what they
said in that section. that was that
said act should apply and be in force
as to each and every officer as fast as
the term of the officers then in pos
session of them expired, and that the
construction placed upon that action
by Judge Strang is certainly open to
criticism, and is not entitled to much
weight in point of reason, but as it is
a decision of the Supreme Court, il is
therefore binding upon us. II we ac-
cept the construction of this act
claimed by counsel for the state, that
1t does not 60 into effect as to the off,
GERS therein named until the expira-
tion OF the terms of all the officers,
what are we to do with this latter
clause Of said section 10, relative to
county surveyor? The legislature has
made it impossible for the court to
give this section that construction BY
the use Of the words "but shall be in
full force and effect as to county sur
vevor."
1t might be well for the court. TO
discuss very briefly section l3 of this
act which reads, This act shall take
effect and be in force after its publ
cation in the state paper" 1t will be
noticed that that portion Of the con.
stitutiOn above quoted requires that
the legislature shall provide for the
speedy publication of its laws" !"
This section II will be found in all
acts Of the legislature. 1t is not
strictly speaking a part of the law in
the sense that we understand the law,
but it is one of the things. necessary
for the legiilature to do before an act
can take effect 1t may have provided
it should be in force and effect from
its publication in the statute book,
or from and after certain fixed time
but in either event it would simply bC
one of the things necessary to be dont
! / in order to make il a legal enactment