Legal Opinion

Felix v. Board of County Commissioners

Supreme Court of Kansas

Decided November 10, 1900No. 11,551PublishedCited by 10 opinions

Error from Saline district court; R. F. Thompson, judge. STATEMENT. In July, 1893, a petition was presented to the board of county commissioners of Wallace county, requesting them to make an order placing a bounty of one dollar each on the scalps of wolves and coyotes, and five cents each on the scalps of rabbits and gophers.

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Error from Saline district court; R. F. Thompson, judge. STATEMENT. In July, 1893, a petition was presented to the board of county commissioners of Wallace county, requesting them to make an order placing a bounty of one dollar each on the scalps of wolves and coyotes, and five cents each on the scalps of rabbits and gophers. The order was made as prayed for, with a provision that the county clerk should issue a receipt for the scalps, which receipt should be negotiable at any of the stores for ninety cents on the dollar. The citizens, realizing that the rewards offered would stimulate the…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

Does chapter 358 of the Laws of 1895, set out in the statement, have the curative effect of validating the unwarranted acts of the board of county *836commissioners of Wallace county in issuing warrants in evidence of public indebtedness for bounties offered for gopher scalps, make them valid obligations, and fix the amount of the same as a charge upon the county? This is the question now before us.

When the county commissioners made the order offering a bounty on gopher scalps they based their authority so to do on an unconstitutional law. An act…

2Cases cited12 opinions

  1. Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
  2. Milam County v. J. M. BatemanTexas Supreme Court · 1880
  3. Columbus, Chicago & Indiana Central R. W. Co. v. Board of CommissionersIndiana Supreme Court · 1878
  4. Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
  5. Board of County Commissioners v. CarterSupreme Court of Kansas · 1863

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3Cited by10 opinions

  1. Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
  2. McSurely v. McGrewSupreme Court of Iowa · 1908
  3. State ex rel. Boynton v. Public Service CommissionSupreme Court of Kansas · 1932
  4. Missouri, Kansas & Texas Railway Co. v. SimonsonSupreme Court of Kansas · 1902
  5. McIntosh v. DillSupreme Court of Oklahoma · 1922

5 more not listed; retrieve them via the Exa API.

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