State ex rel. Little v. Mitchell
Supreme Court of Kansas
Original Proceeding; in Quo Warranto. All the material facts are stated in the opinion, filed May 6, 1893. In the case at bar, the act establishing the board of commissioners, and the entire law upon the subject of railroads, consisting of 28 sections, approved March 6,1883, is one entire act.
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Original Proceeding; in Quo Warranto. All the material facts are stated in the opinion, filed May 6, 1893. In the case at bar, the act establishing the board of commissioners, and the entire law upon the subject of railroads, consisting of 28 sections, approved March 6,1883, is one entire act. This act was a substitute for house bills 269, 240, 190, 200, 201, 32, 33, 98, 26, and 47. The investigation of these various bills shows that the question was before the house, and was discussed, giving the executive council the right to remove its commissioners for cause, but these bills finally…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the 25th day of March, 1891, William M. Mitchell was elected railroad commissioner of the state, as provided by § 2, chapter 124, Laws of 1883, for the term commencing April 1,1891. (Gen. Stat. of 1889, ¶ 1326.) Mitchell qualified and entered upon the duties of his office. On the 8th day of February, 1893, at a regular session of the executive council of the state, Mitchell was removed from the office as such commissioner, and John Hall was elected to fill the vacancy caused by the removal.
On the part of the plaintiff, the contention…
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