Legal Opinion

Board of Commissioners v. Winkley

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 20 opinions

Error from Marion District Court. Action brought by Winkley against the Board of Commissioners of Marion County, for a bounty to which he claimed to be entitled under the provisions of an act entitled “An act to amend section second of an act entitled ‘An act to encourage the growing of hedges/ &c./’ approved March 2, 1871. Trial had at the May Term, 1882, of the district court.

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Error from Marion District Court. Action brought by Winkley against the Board of Commissioners of Marion County, for a bounty to which he claimed to be entitled under the provisions of an act entitled “An act to amend section second of an act entitled ‘An act to encourage the growing of hedges/ &c./’ approved March 2, 1871. Trial had at the May Term, 1882, of the district court. The court made and returned the following findings of fact and conclusions of law: “1. That in accordance with the provisions and requirements of section one of chapter 91, Laws of 1871, the board of county…

1Opinion of the Court

The opinion of the court was delivered by

Hokton, C. J.:

It is affirmed by the counsel of plaintiff in error, that the statute under which the bounty was claimed by the plaintiff below is unconstitutional, because it authorizes taxation in aid of a private object; because it is a delegation of legislative power; and because its title does not ■clearly express its subject. Counsel further affirms that the bounty proposition was never legally adopted by a vote of •the people of Marion county. In Comm’rs v. Hoch, 24 Kas. 778, it was decided that the growing of a. hedge is not a purely private…

2Cases cited5 opinions

  1. County-Seat of Linn CountySupreme Court of Kansas · 1875
  2. Gillespie v. PalmerWisconsin Supreme Court · 1866
  3. Noffzigger v. McAllisterSupreme Court of Kansas · 1873
  4. Keyes v. SnyderSupreme Court of Kansas · 1875
  5. Board of Commissioners v. HochSupreme Court of Kansas · 1881

3Cited by20 opinions

  1. State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
  2. Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
  3. State ex rel. McClurg v. PowellMississippi Supreme Court · 1900
  4. State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
  5. In re DennyIndiana Supreme Court · 1901

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