State ex rel. Coleman v. Kelly
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This proceeding was instituted in this court by the state, on the relation of the attorney-general, for a peremptory writ of mandamus to compel Thomas T. Kelly, as state treasurer, and E. B. Jewett, as warden of the state penitentiary, to execute, negotiate and sell certain bonds on behalf of the state of Kansas and apply the proceeds as directed by senate bill No. 30 (Laws 1905, ch. 478). An alternative writ was allowed, to which…
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Original proceeding in mandamus. STATEMENT. This proceeding was instituted in this court by the state, on the relation of the attorney-general, for a peremptory writ of mandamus to compel Thomas T. Kelly, as state treasurer, and E. B. Jewett, as warden of the state penitentiary, to execute, negotiate and sell certain bonds on behalf of the state of Kansas and apply the proceeds as directed by senate bill No. 30 (Laws 1905, ch. 478). An alternative writ was allowed, to which the defendants separately answered that the state was proceeding under an act authorizing them, in their official…
1Opinion of the Court
The opinion of the court was delivered by
Greene, J.:
The sole question in this proceeding is the constitutionality of the act of 1905 called the “oil-refinery bill.” In its consideration the object of the statute — that is, the good that the legislature intended to accomplish, or the evil that it intended to prevent or correct — must be determined. Whether this law is simply a provision for securing larger and better facilities for the maintenance, employment and care of the inmates of the penitentiary, thus accomplishing a good work, or a provision for constructing, operating and maintaining…
2Cases cited24 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Binns v. United StatesSupreme Court of the United States · 1904
- People ex rel. Bay City v. State TreasurerMichigan Supreme Court · 1871
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3Cited by50 opinions
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
- State ex rel. Blakeslee v. ClausenWashington Supreme Court · 1915
- Wheeler v. WeightmanSupreme Court of Kansas · 1915
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