The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-10
No. 1855.
c. 2. Gustafson, Appellee,

No. II, S6S.
Q. z. GuStafson, Appellee,
The Board Of County Commissioners of
Mcpherson County, Kansas, APP
pellant.
Appeal from Mcpherson County.
REVERSED.
Syllabus BY the Court Burch, j.
1. Where the subject of an act of the
legislature is one of common interest to
all the members Of a group OF counties COUNTIES
stance exists justifying difference IN
treatment and preventing the framing OF
applicable general law of UNIFORM
operation upon all the members of the
group alike, the exclusion of one of the
counties from the benefit of the act rem
2. Chapter 21o Laws of 1907. authorizing
the boards of county commissioners IN
counties having specified population,
certain for the hire of an under
sheriff is unconstitutional and void.
g. The exception of Mcpherson County
is not a separate and independent pro-
vision which may be dtsregarded and
leave the remainder of the act effective
since to eliminate the exception would
change the scope of the law and make it
applicable in territory where the leglS-
lature expressly declared it should not
operate
All the Justices concurring.
Attest: D, A; VALENTINE.
ISeaL1 Clerk Supreme Court
No. 1851.
George e. Knrnerle, Mollie B. Kimmer'e,
Adam Desch, John Hefner Sarah E.
Brown and Frank o. Brown, Appellees.
The City of Topeka. and e. B. Burge, as
City Clerk Of the City of Topeka, Appel
Appeal from Shawnee County.
Second Division.)
REVERSED.
1. The rule that railroad corporation
is to be regarded as a resident of every
county in which 1t operates its road or
o. fa aI7R GS
in the Interpretation of a statute only in
situations where such construction accom-
plishes the substantial purpose sought by
the act involved.
2. Within the meaning of a statute
which makes the Improvement of a street
depend upon the action of such of the
owners of the abutting property as are
residents of the city, a railroad corpora
ton is not to be deemed resident of any
other city than that in which its chief Of
fices and principal place Of business arc
located.
3. A foreign railroad corporation whose
principal offices are in another state, can
not be regarded, for the purpose of such
statute, as a resident of a city in Kansas
by virtue of the location there of offices
from which are controlled the operations
of the road throughout a district whicn
includes this state, Notwithstanding it has
been granted all the privileges conferred
by the laws of Kansas upon domestic
railroad corporations.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSea4I Clerk Supreme Court
No. 1923.
In the matter of the Appeal of John Nell
son from a Survey of Land made by Hud-
son Harlan County Surveyor. $3.50 AL
Appeal from Trego County. r.
AFFIRMED.
syllabus BY the Court Benson 7
AT the request of a land owner a survey
was made of a certain section, starting
from an established corner or the section
surveying to and adopting two other sec
ton corners established and marked by
previous surveys made respectively thirty
and twenty-three years before when many
government markings of corners since
obliterated were in place. The former
surveys were not made and recorded I'M
der the statute and are not conclusive.
The land owners affected, including the
appellant who assisted in the last of these
former surveys had long acquiesced in
the boundaries established thereby. It is
held that the markings of missing corners
made in such former surveys should be
considered evidence tending to show
where the original monuments had been
located in making the government survey
and that parol evidence of these former
surveys and of the location and marking
of corners is admissible.
All the Justices concurring.
true copy
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court