State Ex Rel. Stephan v. Carlin

The opinion of the court was delivered by

Miller, J.:

This is an original action in quo warranto and mandamus, brought by the Attorney General against Governor John Carlin and Secretary of State Jack H. Brier. The petitioner challenges the Governor’s veto of a portion of Section 77 of 1981 Senate Bill No. 470, the omnibus appropriations bill enacted by the 1981 Kansas Legislature at the close of its recent session, contending that the veto was unlawful and exceeded the Governor’s power under Article 2, section 14 of the Kansas Constitution.

The Governor admits that he vetoed a part of the act,…