Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 63

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...not forbidden by the fundamental law, are not to be favored, especially in view of section 16 of article 2 of the constitution; and this court said, in the case of Stevens v. Ballou, 27 Kan. 594, 600, 601, that in order to declare any legislation repealed by that method the court 'should be satisfied that such has been so done beyond all reasonable doubt.' " In Keirsey 'v. Comm'rs of Labette Co., 30 Kan. 579, 2 Pac. 864, this language was used: "Repeals by implication are not favored, and are sustained only when the later law cannot by any fair and reasonable construction be harmonized with the former. Both laws are to be sustained, if possible." "A repeal by implication must be by necessary implication. It is not sufficient to establish that the subsequent law or laws cover some or even all of the cases provided for by it; for they may be merely affirmative, or cumulative, or auxiliary. But there must be a positive repugnancy between the provisions of the new law and those of the old; and even then the old law is repealed by implication only pro tanto, to the extent of the repugnancy." (Ander. Law Dict. 879.) We can see no good reason why the trustees for the different asylums, commonly known as the state board of charities, should not be given power to condemn lands necessary for the erection of buildings for institutions, the care of which comes within their jurisdiction. The conferring of such power is a matter of legislative discretion, which may be exercised by lodging the same in any number of boards or tribunals authorized to act in behalf of the state. In the statute authorizing the condemnation of lands for railway purposes two methods for determining the value are provided, one more

Product details

  • Paperback | 292 pages
  • 189 x 246 x 15mm | 526g
  • United States
  • English
  • black & white illustrations
  • 123688857X
  • 9781236888570