The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-01
NO FAIR LEVY NOW
County Attorney Schenck Holds
1t Illegal.
Gives County Commissioners an
Opinion Today.
ACT A SPECIAL ONE.
Court Has Held That These
!, Are Illegal.
Will Be Submitted to Court Tor
Final Action.

County Attorney j. Schenck, AFTER
careful consideration of the PROPOSE
ton to make a county levy for the
board of state fair commissioners, to-
day handed down an opinion. based on
the law as he found it, against the
right to make a levy.
IT am in favor of helping a state
fair, county fair or any other PROPOSE
ton which will tend to advertise the
city, county or state" said Mr.. Schenck
today, "but a careful investigation of
the law leaves me in this position. L
hope the county commissioners Will
check this up to some one authorized
to interpret the law as 1t appears. rms
have been very busy for some time.
have given this proposition careful
consideration"
ct am in favor Of submitting this to
a court of Jurisdiction at the earliest
opportunity" said County Commission
er w. E. Sterne today. 81 am con-
f1dent that Mr.. Schenck, the county at
torney, delivered an opinion to the best
of his ability, but still hope there Is
a way out"
Mr.. Schenck says in his opinion;
Referring to your inquiry or re-
cent date in which you submit to me
the question of whether or not the
board of county commissioners or
Shawnee county have the power un-
der chapter 46 of the act of the spec
ial session of the legislature of 1908
to levy a tax on all real and personal
property in said county for the years
1908 and 1909, not exceeding eight
tenths of a mill on a dollar per an
mum for the purpose of purchasing
additional land for fairgrounds, and
the erection of permanent buildings
on the present fair grounds. / beg to
say that have given this matter
careful consideration, and believe the
question involves the constitutionality
of said chapter 46. The title of the
act above referred to is as follows:
can act authorizing the board of
county commissioners of Shawnee
county, Kansas, to sell the fair
grounds belonging to Shawnee county
and purchase other land with the
proceeds of such sale, or to purchase
other land to enlarge the present fair
grounds and levy a tax for the pur-
pose of purchasing additional lands,
if found necessary, and the erection
of permanent buildings and improve
ments on such fair grounds, and re-
pealing chapter ISL of the laws of
1907
"Section IT article of the con-
stftution of this state. prior to 1906,
read as follows:
"'All laws of a general nature
shall have uniform operation
throughout the state, anu III all cases
where a general law can be made
applicable no special law shall be en-
acted
This provision of the constitution
was amended in 1905. and said Sec
ton of the constitution now reads as
follows:
"'All laws of a general nature
shall have a. uniform operation
throughout the state; and in all cases
where a general law can be made
applicable no special law shall be en-
acted: and whether or not a law en-
acted is repugnant to this provision
of the constitution shall be construed
and determined by the courts of the
state
THE question presented is, whether
said chapter 46, which is a special law
applying to Shawnee county alone, is
repugnant to the provision of the
constitution as amended. The SUI
preme court has held that the legisla-
ture should judge as to whether or
not any law was special legislation or
special law, but since the amend
ment of the constitution it is made the
duty of the courts of the state to de-
termine whether or not law enacted
by the legislature is repugnant to this
provision Of the constitution. =
Here is cited a Cloud county case
applicable to the case in question
''The act in ques ton is an act to
authorize the board of county COM
mfssioners of Shawnee county to sell
the fair grounds and purchase other
land with the proceeds of such sale,
or to purchase other land to enlarge