The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-06
LEGAL.
Published in The Topeka State JOurna
March 6, 1911
SENATE BILL No. IS.

SENATE BILL No. IS.
AN ACT providing for the removal of
a procedure therefor.
Be it enacted by the Legislature of the
Section 1. Every person holding any
offlce of trust or profit, under and by
of Kansas. either state. district, county,
township or city office, who shall wilfully
misconduct himself in office, or who shall
wiifully neglect to perform any duty en-
Joined upon such officer by any of the
laws of the state of Kansas, or who shall
in any public place within or without the
state be in state of intoXication pro-
duced by strong drink voluntarily taken,
or who shall engage in any form of
constituting a violation of any penal
statute involving moral turpitude, shall
forfeit has ONCE ana snail be ousted from
such office in the manner hereinafter
provided.
Sec. .. 1t shall be the duty of the At
torney General of the state of Kansas,
and of the county attorneys of the sew
eral counties of this state, within their
ceived by them in writing that any Off
Ger herein mentioned has been guilty of
any of the acts, omissions or Offenses as
set out in section / of this act to forth
with investigate such complaint, and if
on such Investigation he shall find that
plant, he shall forthwith institute pro-
ceedings in the district court of the prop
er county, or the supreme court of the
state of Kansas, to Gust such officer from
his office.
Sec. g. The proceedings to GUST any
state officer under the provisions of this
act, shall be commenced by the Attor-
ney General of the State of Kansas. pro-
vided, however. that on complaint being
Kansas, that the Attorney General of
the State of Kansas has been guilty of
any or all of the acts set out in Section
l. of this act, it shall be the duty of
the Governor forthwith to notify the
County Attorney of Shawnee County,
Kansas, who shall proceed to investigate
such charges as in the manner hereinbe-
fore or hereinafter provided, for the in
yestigation of other offices. and such
County Attorney shall institute proper
proceedings in a court of competent jur-
| isdiction to GUST such Attorney General
See 4 Said proceedings in custer shall
| be tried in a summary manner by the
court and shall have precedence over
criminal and civil actions and shall be
| tried at the first term after the filing
of the complaint petition herein
named, provided the answer hereinafter
mentioned shall have been on file at least
| ten days before the day of trial. A con-
| tinuance may be granted either side for
4 good cause shown but no continuance
shall be granted by an agreement of
parties.
decision of the district court to the SUI
preme court of the state of Kansas on
| the part of either the state or the de-
PENDANT, but such appeal on the part of
| the defendant shall not operate to stay
| the judgment of the. court, unless the
/ defendant shall within five days from
| the rendition of such judgment give a
| supersedeas bond, to be approved by the
| court which appeal shall be taken in the
| same manner as now provided for appeals
| in civil actions; provided. however, that
| such appeal must be perfected and filed
| in the supreme court within sixty days
! from the rendition of the judgment of the
| district court.
Sec g. Upon filing of the complaint
or petition for the writ of custer. a sum-
mons shall issue for the defendant as
! in law provided in civil cases and there
| shall accompany the summons and be
/ served l1pon the defendant a copy of fhf
Complaint or petition filed against him
The answer day shall be the same as
is now provided. in civil suits, under the
and answer shall constitute the only
/ pIeadings allowed and all allegations in
! the answer shall be deemed .controvertet
and any and all questions as to the suf
fieiency of the petition or complaint shall
be raised and determined upon the tria
insufficient in form, the same shall b,
lamended at once and such amendment