State ex rel. Johnson v. Hitchcock
Supreme Court of Kansas
Motion for turit of Mandamus. I. The act which corresponds with council bill number thirty-nine ofthe session of the legislature of 1861, originated in the council, and not in the house, as the constitution requires. (See State Const., § 12, Art. 2: Enrolled Bill and Council Journal, 133.) II. The hill was never presented to the governor within the meaning of the constitution and of the organic act.
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Motion for turit of Mandamus. I. The act which corresponds with council bill number thirty-nine ofthe session of the legislature of 1861, originated in the council, and not in the house, as the constitution requires. (See State Const., § 12, Art. 2: Enrolled Bill and Council Journal, 133.) II. The hill was never presented to the governor within the meaning of the constitution and of the organic act. (See Const., § 14, Art. 2; Organic Act, § 24.) I refer to journal rules of that session of the legislature, (§§ 13 and 14,) and all the reports of the committee on enrolled bills, and particularly…
1Opinion of the Court
By the Court,
Ewing, C. J.
The writ will not be issued unless the “act to provide for the location of the county seat of Franklin county,” which purports to have been approved on the 80th of January, 1861, and is published among the laws of the territorial legislature of that year, be invalid.
That the act is not invalid by reason of its having been approved on a day after the act of congress admitting Kansas into the union, was, in effect, decided by this court in the case of The Suite of Kansas ex. rel. F. G. Hunt vs. Calvin Meadows, to which decision we adhere.
Nor is it invalid as in conflict…
2Cases cited1 opinion
- Thomas v. Board of CommissionersIndiana Supreme Court · 1854
3Cited by49 opinions
- Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
- Beach v. LeahySupreme Court of Kansas · 1873
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- Butler v. City of LewistonIdaho Supreme Court · 1905
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