The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-11
THELAWS ALL BAD
Special Acts of Recent Legisla-
ture Are Knocked Out.
Supreme Court CONSTITUTES New
Constitutional Amendment.
NO MORETAX FERRETS
Contracts With Them Held to
Be Illegal.
Suicide Clause in Fraternal lin
surance Is Valid.

By unanimous decision today in
the case of c. G. Anderson against
the board of county commissioners of
| Cloud county the supreme court held
that the new constitutional amend
ment relating to special legislation
will have the effect Of rendering in
valid all special acts passed at the
1907 and special sessions of the leg
islature. The Cloud county act auth
orlzed the county commissioners of
Cloud county to erect certain bridges
across the Republican river in the
vicinity of Concordia and to issue
county bonds. to pay for the same.
| The amount authorized was $4,000
Th1s act was passed at the session of
| 1907. c. G. Anderson, taxpayer APP
piled to the district court for an in
| junction to restrain the county COM
missioners from issuing bonds on the
| ground that the special act was I'M
| constitutional. The lower court held
the act to be constitutional. The SUI
preme court reverses this decision
and remands the case for further pro-
ceedings.
The court says in its syllabus, Sec
ton II of Article 2 of the constitution,
as amended in 1906 takes from the
| legislature the right to determine fin
ally when a general law can be made
applicable and devolves upon the
court the duty to determine it as a jul
dicial question without regard to any
legislative assertion on the subject.
Where the validity of an act. is
assailed under Section II Of Article 2
as amended the rule of statutory con-
struction which makes it the duty of
the courts to uphold the law If it is
possible to do SO, has no application"
In discussing the case the court
says: 1t requires no argument or dis
| cussion to demonstrate that the spec
ial act in question violates the consti-
| tuition. To enact a general law on the
| subject giving the boards Of county
commissioners in every county in the
| state authority to build or remove
bridges, appropriate funds, and issue
| bonds to meet the expense thereof I'M
der such restrictions and limitations
| upon their authority as the legislature
may deem wise and sa1utary would not
| require more than ordinary skill in
the science Of legislation. In fact the
i only suggestion made as to why the
| general law already in existence auth
orizing the erection of bridges is not
sufficient to meet the condition, is, that
in the opinion of the members Of the
| board the voters would defeat any pro-
/ position submitted. This amounts to
a confession that in the act in ques-
ton there inhere the vices which the
amendment was designed to prevent.
To hold that the reasons suggested are
sufficient to warrant special law
would raise again the lid of Pandora g
box only to permit it's evils to escape
From rs to 80 special laws of this ma
ture have been passed by almost every
legislature for years and practically
the same reasons urged for their en-
actment."
The case Of Chas. Deng vs. Thomas
Lamb, from Scott county, involving the
erection Of county high school, is de-
cided on the same grounds as the Cloud
| county case. Elsewhere in this paper
appears report of the argument of
this case in the supreme court this
week. The decision Of Judge Lobdell in
the Deng case is reversed.
Knocks Out Tax Ferrets.
Tax ferrets are illegal in Kansas ac-
cording to the decision of the supreme
! court today in the suit brought by c.
C. Coleman as attorney general against
B. D. Fry who was employed as tax
ferret by the county commissioners OF
= Dickinson county. Fry went to work
) several years ago and was to receive a
percentage on all property which he
found that had not been listed for tax
: alton. He dug up thousands of dollars
= worth Of personal property and about
, the time he made his report the suits
: Of the property owners were filed. Sew
: eral of these suits were decided today
in addition to the state case. The cases
q court in Dickinson county and thai
y court held that tax ferret was &
, | proper official but the supreme cour
reverses this decision and says:
"A contract by which board o.
I county commissioners undertakes tt
Q employ private person or firm to rem
= der services in aid of the collection O
Y taxes. which services the statute makes
: it the duty of certain township ant
county officers to render, is ultra wires
against public policy and void.
"A person who has entered into sucl
II a contract with a board Of county com
8 missioners and has, in part, rendere'
- the specified services is presumed t.
"a know the illegahty Of the contract ant
d that his performance of the service
i against public policy
e: The court also holds that if a ia.
~ ferret does do the work he contractet
10 for he cannot secure any money from
% the county commissioners for doini
DO it as the contract and acts were IL
y legal
Q Bledsoe Case Affirmed.
IS The supreme court upholds the de
cision of the Shawnee county distric
court refusing to give judgment t
e Laura j. Bledsoe against Eta L. Sea
| man for alienation of affections. Mrs
= Bledsoe was the wife of A. Scott Bled
Is soc. He was a Christian minister a
'e Clay Center Rev. Bledsoe met Mrs
o. was claimed she persuaded him t
adopt the free love doctrines. an
FL elope with her to Dakota, where, wit
/, fuN knowledge of Mrs. Bledsoe, h
secured a decree of divorce. The Gus
tody of one child and alimony wa
awarded to Mrs. Bledsoe. Some tim
later Mrs. Bledsoe sued Eta L. Sea
man for alienation OF affections. claim
| ing that the Dakota decree of divorc
| was invalid. The lower court sustain