xt78pk070q21 https://exploreuk.uky.edu/dips/xt78pk070q21/data/mets.xml Kansas United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- Lander, David S. 1936 12 p.; 27 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3.W 89/2:36/K 13 books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Kansas Works Progress Administration Publications Public welfare -- Law and legislation -- Kansas Social workers -- Legal status, laws, etc. -- Kansas Constitutional law -- Kansas Analysis of Constitutional Provisions Affecting Public Welfare in the State of Kansas text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Kansas 1936 1936 2019 true xt78pk070q21 section xt78pk070q21 Vary???” I ¢ uNIVERSITVOFKENTUCKY ~ I I :



This bulletin is one of a series presenting
State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State di-
gests of public welfare laws so as to provide in ab-
stract form.the basis for the public welfare services
of the several States.

The provisions quoted are those concerned
directly with public welfare administration and such
others as may substantially affect a public welfare
program, even though only indirectly related. It
would be impossible to consider within the limits of
this study every remotely connected constitutional
provision. The indirectly related provisions in-
cluded, therefore, have been restricted to these con-

. earning finance, legislation, and the methods of con- '
stitutional amendment.

An attempt has been made, by a careful se-
lection of the most recent cases decided by the high-
est courts of the States, to indicate wherever possi—
ble how these provisions have been construed. These
cases are included in footnotes appended to the con-
stitutional provisions shown.

It is hoped that these abstracts will be
useful to those interested in public welfare ques-
tions in indicating how state and local public wel—
fare administration may be affected by constitutional
powers and limitations.

Incidence of Responsibility for'Welfare Program 1
Financial Powers and Limitations
Taxation and Assessments 3
. Exanptions 5
Borrowing and Use of Credit 6
Other Income 9 ‘
Appropriations and Expenditures 9
Provisions Affecting Legislation 10
Constitutional Amendment or Revision 12

 Kansas 1.

I. Incidence of Responsibility for Welfare Program

A. Institutions for the benefit of the insane, blind, and
deaf and dumb, and such other benevolent institutions as the public
good may require, shall be fostered and supported by the state, sub-
Ject to such regulations as may be prescribed by law . . . 3/

B. The respective counties of the state shall provide, as
may be prescribed by law, for those inhabitants, who, by reason of
age, infirmity, or other misfortune, may have claims upon the
sympathy and aid of society. Provided however, the State may partie-
ipate financially in such aid and supervise and control the adminis-
tration thereof. 5/

1. Constitution (1859), with all amendments to November 15, 1956.
A11 citations are to (1955) Supplement to Revised Statutes of
Kansas (1925).

2. Constitution, Art. VII, Sec. 1.

This section of the Constitution, which charges the State
at large with the duty of fostering and supporting institutions

. for the benefit of the insane, does not preclude the Legislature
from also imposing a part of that duty on the several counties,

. since Art. VII, Sec. 4 of the Constitution, which imposed on the
counties the duty to care for their infirm and unfortunate resi-
dents, is broad enough to include persons whose infirmity or mis-
fortune is insanity. Donnelly vs. Board of County Commissioners
of Atchison County, 150 K. 428, 286 P. 250 (1950).

The State may appropriate money to privately owned and
operated charitable institutions as well as to public charitable
institutions. Ingleside Association vs. Nation, 85 K. 172, 109
P. 984 (1910).

5. Constitution, Art. VII, Sec. 4 as amended November 5, 1956. New
Laws (1956), page. 5.

The proviso clause of this section was added by an amendment
approved by the people November 5, 1956. Prior to this amendment
the State Highway Commission sought to borrow $17,000,000.00 from
the Federal Government for the purpose of constructing roads and
bridges and to provide work for the unemployed. The first ques-
tion presented to the court was whether or not the State had power
and Jurisdiction to provide work for the unemployed, or otherwise
(Footnote forwarded)

 2. Kansas
I. Incidence of Responsibilitz for Welfare Progzgm (Cont'd) .
C. The State may provide by law for unemployment compensa-

tion and contributory old age benefits and may tax employers and

employees therefor; and the restrictions and limitations of Section

24 of Article II, page 9, Sec. II, par. E, (1), and Section 1 of

Article XI, page 5, Sec. II, par. A, (1), (a), of the Constitution

shall not be construed to limit the authority conferred by this

amendment. No direct ad valorem tax shall be laid on real or per-

sonal property for such purposes. 3/

(Footnote #5 - Continued)
care for poor and needy citizens of the State, in view of this
section of the Constitution. The court held that this section
did not prohibit the State from exercising this function, and
that all governmental power being primarily vested in the State,
the State might exercise all powers not granted to the Federal
Government or prohibited or limited by the State Constitution.
The Constitution nowhere prohibits the State from making pro-
vision for the poor, therefore the act in question did not
violate this section. State ex rel. Boynton vs. Kansas State
Highway Connussion, 158 K. 915, 28 P. (2d) 770 (1954).

A statute authorizing counties to issue bonds for the re-
lief of the poor and unemployed, setting out the limits of such
bond issues, was valid, even though such bond issues exceeded
in amount the debt limitations of counties provided for in .

. earlier statutes, because the debt limitations of counties
being statutory, the latest statute controls. State ex rel.
Stanley vs. Roff, 145 K. 527, 55 P. (2d) 815 (1956), see page
9, Sec. II, par. C, (2). _

A statute providing for a county public welfare institution
including a tuberculosis sanitarium, which was to collect fees
from patients able to pay and treat others free, was held not
to contravene this section. The court said that a county may
be authorized to care for certain classes of its unfortunate
citizens even though they are not paupers. Beck vs. Board of
Commissioners of Shawnee County, 105 K. 525, 182 P. 597 (1919).

A Kansas municipality has authority to accept a bequest
of a trust fund and to administer it in perpetuity if the pur-
pose of the trust created by such bequest is for a public chari-
table use. Treadwell vs. Beebe, 107 K. 51, 190 P. 768 (1920).

Likewise a county may accept gifts or trusts for charitable
purposes. Rishel vs. McPherson County, 122 K. 741, 255 P. 586

4. Constitution, Art. VII, Sec. 5, New Laws (1956), page 1.

 Kansas 3_
. II. Financial Powers and Limitations
A. Taxation and Assessments
(1) State

(a) The legislature shall provide for a uniform
and equal rate of assessment and taxation, except that mineral prod-
ucts, money, mortgages, notes and other evidence of debt may be
classified and taxed uniformly as to class as the legislature
shall provide. . . 5/

(b) The legislature shall provide, at each
regular session, for raising sufficient revenue to defray the current
expenses of the state for two years. 6/

5. Constitution, Art. 11, Sec. 1, as amended 1924.

This section applies exclusively to the taxation of property.
A motor vehicle fuel tax is not a tax on property and so this
section has no application to it. State ex rel. Beck vs. Board
of County Commissioners of Barton County, 142 K. 624, 51 P. (2d)
33 (1935).

The constitutional rule of uniformity applies to property
taxes only. It does not apply to excise or privilege taxes.

The only limitation on the power to impose taxes of this kind
. is that the tax shall bear some reasonable relation to the right,
' privilege, or franchise taxed. Wheeler vs. Weightman, 96 K. 50,
149 P. 977 (1915).

This section does not apply to the following: License taxes,
registration taxes, poll taxes, inheritance taxes, or franchise
taxes. For a citation of cases dealing with these specific taxes
see Wheeler vs. Weightman, 96 K. 50, 149 P. 977, 983 (1915).

6. Constitution, Art. XI, Sec. 4.

Another section provides that the Legislature may levy a
permanent tax for the use of the State educational institutions.
Constitution, Art. VI, Sec. 10.

The Constitution provides a "pay as you go" basis for ordi-
nary expenses. Borrowing is permitted only for extraordinary
expenses. Where revenues are insufficient to meet salaries
appropriated, a bond issue to pay them is void, because the fact
that sufficient taxes have not been collected to pay "ordinary"
expenses does not make the expenses "extraordinary". State ex
rel. Boynton vs. Atherton, 139 K. 197, 30 P. (2d) 291, 296 (1934),
citing with approval State ex rel. Guthrie vs. School Fund,

4 K. 261 (1868), see page 6, footnote 12.

 4. Kansas
II. Financial Powers and Limitations (Cont'd) .
A. Taxation and AsseSsments (Cont'd)
(1) State (Cont'd)
(c) No tax shall be levied except in pursuance of '
a law, which shall distinctly state the object of the same; to which object
only such tax shall be applied. 1/
(d) The state shall have power to levy and collect
taxes on incomes from whatever source derived, which taxes may be
graduated and progressive. §/
(e) The state shall have power to levy special
taxes, for road and highway purposes, on motor vehicles and on motor
fuels. 2/
(2) Counties
No provisions, see page 5, footnote 10.
7. Constitution, Art. II, 860. 5.
A small claim for tuition for high school students may be
paid by the county out of the general fund without violating this
section. This is not considered a diversion of funds levied for .
‘ one purpose to another purpose. The general fund is provided
for the ordinary current expenses of the county. It may be used
also for incidental expenses, and for some unusual expenses where
there_is a surplus in the fund. School District No. 4, Logan
County vs. Board of Commissioners of Wallace County, 127 K. 793,
275 P. 188 (1929).
However, a claim for jack rabbit bounty cannot be paid out
, of the general fund, where it is such an extraordinary sum as
not to be an incidental expense of conducting the government
business of the county, and where the general fund is exhausted.
State ex rel. Smith vs. Board of Commissioners of Thomas County,
122 K. 850, 253 P. 406 (1927).
8. Constitution, Art. XI, Sec. 2, adopted 1932.
9. Constitution, Art. XI, Sec. 10.
These taxes are for road and highway purposes only, and the
Legislature has no authority to appropriate them for any other
purpose. State ex rel. Boynton vs. Kansas State Highway
, Commission, 139 K. 391, 32 P. (2d) 493 (1934). See page 8, Sec. II,
‘ par- 0, (l). (d). ‘

 Kansas 5.
. II. Financial Powers and Limitations (Cont'd)
A. Taxation and Assessments (Cont'd)
(5) Other Local Units .
' Provision shall be made by general law for the
organization of cities, towns and villages; and their power of tax—
ation, assessment, borrowing money, contracting debts and loaning
their credit, shall be so restricted as to prevent the abuse of
such power. 19/
B. Exemptions
(1) State
. . . all property used exclusively for state,
county, municipal, literary, educational, scientific, religious,
benevolent and charitable purposes, and personal property to the
amount of at least two hundred dollars for each family, shall be
exempted from taxation. 11/
10. Constitution, Art. XII, Sec. 5. ,

The State Tax Commission ascertains the assessed value of
all property in the State, and from appropriations ascertains
the amount to be raised for State purposes, and from this

. determines the amount of county property tax to be assessed for
State purposes. Kansas Gas and Electric Company vs. Dalton,
142 K. 59, 46 P. (2d) 27 (1955).

The tax limitations for county purposes are fixed by
statute. State ex rel. Woodward vs. Peal, 156 K. 156, 15 P.
(2d) 502 (1952).

The fact that bonded indebtedness, authorized by one
statute, may under certain contingencies exceed the debt
limit authorized by another statute, does not render the former
statute void, because the debt limits of municipalities are
statutory and not constitutional, and so may be changed by the
Legislature. State ex rel. Boynton vs. Board of Education of
City of Topeka, 157 K. 451, 21 P. (2d) 295 (1955).
The limit of bonded indebtedness of counties is fixed by
‘ statute. State ex rel. Stanley-vs. Robb, 145 K. 527, 55 P.
(2d) 815 (1956).
11. Constitution, Art. XI, Sec. 1, as amended 1924.

The Legislature must make the exemptions provided for by
this section, and may exempt property other than that named in
the Constitution, if the exemption has a public purpose and is
designed to promote the public welfare. A statute exempting the
property of college fraternities was held void as not promoting
public welfare. A.T.9. Fraternity of Lawrence vs. Board of
County Commissioners of Douglas County, 156 K. 675, 18 P. (2d)
575 (1955). _

. (Footnote forwarded)

 6. Kansas
II. Financial Powers and Limitations (Cont'd) .
B. Exemptions (Cont'd)
(2) Counties and Other Local Units
See page 5, Art. XI, Sec. 1.
C. Borrowing and Use of Credit
(1) State
(a) For the purpose of defraying extraordinary
expenses and making public improvements, the state may contract
public debts; but such debts shall never, in the aggregate, exceed
one million dollars, except as hereinafter provided. Every such
debt shall be authorized by law for some purpose specified therein,
. . . and every such law shall provide for levying an annual tax
sufficient to pay the annual interest of such debt, and the principal
thereof, when it shall become due; and shall specifically appropriate
the proceeds of such taxes to the payment of such principal and
interest; and such appropriation shall not be repealed nor the taxes
postponed or diminished, until the interest and principal of such
debt shall have been wholly paid. 12/
(Footnote #11 - Continued)

The enumerated exemptions are not exclusive. The Legis- .
lature can provide other exemptions or increase the personal
property exemptions of each family, so long as the exempt property
benefits the public in a way different from other property.
Wheeler vs. Weightman, 96 K. 50, 149 P. 977 (1915):

Where a hospital corporation has no capital stock and pays
no dividends, and all the income of the hospital from pay patients
and gifts is used for the care of the sick, such a hospital is
used exclusively for charitable purposes within the meaning of
this section. Nuns of Third Order of St. Dominic vs. Younkin,

118 K. 554, 255 P. 869 (1925).

A Masonic Temple is not exempt from taxation as a chari-
table institution. Manhattan Masonic Temple Association vs. .
Rhodes, 152 K. 646, 296 P. 754 (1951).

The residence of a college president owned by a college
is exempt from taxation. 120 K. 496, 245 P. 1055 (1926).

12. Constitution, Art. XI, Sec. 6.

This section must be read together with'the following
sections: Constitution, Art. II, Sec. 7 and 8 found in Sec.
II, par. C, (1), (b), and (c),on pages 7 and 8 herein.

. Griffith vs. Davis, 113 K. 4, 213 P. 171 (1923).

Uhder this section debts may be created for "the purpose
of defreying extraordinary expenses and making public improve-
ments" up to the sum of $1,000,000. The phrase "except as here-
inafter provided? necessarily refers to the two following '
sections. Debts in excess of $1,000,000 for the purpose of
(footnote forwarded) .

 Kansas 7,
. II. Financial Powers and Limitations (Cont 'd)
C. Borrowing and Use of Credit (Cont'd)
‘ (1) State (Cont'd) -
(b) No debt shall be contracted by the state ex- '

cept as herein provided, unless the proposed law for creating such

debt shall first be submitted to a direct vote of the electors of

the state at some general election; and if Such proposed law shall

be ratified by a majority of all the votes cast at such general

election, then it shall be the duty of the legislature next after

such election to enact such law and create such debt, subject to

all the provisions and restrictions provided in the preceding section

of this article. 39/

{Footnote #12 - Continued}
defraying extraordinary expenses and making public improvements
may be contracted if ratified by a majority of the votes cast.
Debts tor military purposes need not be so ratified. Extra-
ordinary expenses mean those other than ordinary expenses.
"They are such as must be incurred by the State for the promotion
of the general welfare, compelled by some unforeseen condition
which is not regularly provided for by law, such as flood,
famine, fire, earthquake, pestilence, war or any other condition ,
that will compel the State to put forward its highest endeavors

. to protect the people, their property, liberty, or lives."

A $25,000,000 bond issue to provide a bonus for World war
veterans was held to be an extraordinary expense and valid.
State ex rel. Griffith vs. Davis, 115 K. 4, 215 P. 171 (1925).

"Debts” within the meaning of the Constitution are debts
to be paid by a general property tax. warrants issued by the
State Highway Commission to secure money borrowed from an agency
of the Federal Government payable out of a special tax on motor
vehicles and motor fuels are not debts within the meaning of
the Constitution. State vs. Kansas State Highway Commission,
158 K. 915, 28 P. (2d) 770 (1954).

15. Censtitution, Art. XI, Sec. 7.

This section must be read together with the preceding
section. A bond issue in excess of $1,000,000 for "the purpose
of defraying extraordinary expenses and making public improve-
ments" is valid if ratified by a majority of the votes cast.
State ex rel. Griffith vs. Davis, 115 K. 4, 215 P. 171 (1925),
see page 6, footnote 12.

 8. Kansas
II. Financial Powers and Limitations (Cont'd) .
C. Borrowing and Use of Credit (Cont'd)
(1) State (Cont'd)

(c) The state may borrow money to repel invasion,
suppress insurrection, or defend the state in time of war; but the
money thus raised, shall be applied exclusively to the object for
which the loan was authorized, or to the repayment of the debt
thereby created. 13/

(d) The state shall never be a party in carrying
on any work of internal improvement except that it may adopt,
construct, reconstruct and maintain a state system of highways, but
no general property tax shall ever be laid nor bonds issued by the
state for such highways. lg/

14. Constitution, Art. XI, Sec. 8.

A $25,000,000 bond issue to provide bonuses for soldiers
and sailors of the World War was held valid as coming within
this section, because such service men were defending the State
in time of war. Consequently. it is not necessary that this'
bond issue or an additional bond issue of $7,000,000 for the
same purpose, be ratified by a vote of the people. State ex
rel. Griffith vs. Davis. 113 K. 4, 213 P. 171 (1923); State
ex rel. Griffith vs. Davis, 115 K. '10, 221 P. 895 (1923).

See page 6, footnote 12. I .
15. Constitution, Art. XI, Sec. 9 as amended 1928.

For a special tax for highway purposes, See page 4, Sec. II, '
par- A. (1). (6).

Under this section the State is forbidden to engage in
"internal improvements”, but may engage in "public improvements"
under section 6- See page 6, Sec. II, par. C, (1), (a). .
A statute authorizing a loan from the Federal Reconstruction
Finance Corporation for the purpose of the development, control,
and utilization of water, prevention of soil erosion, and flood
control, was held to be for the purpose of works of internal
hmprovement, and hence to violate this section. State ex rel.

Boynton vs. Atherton, 139 K. 197, 50 P. (2d) 291 (1954).

The framers of the Constitution by the term "public improve-
ments" used in section 6 meant public buildings, such as the
State house, State penal, educational and eleemosynary insti-
tutions, while the term "internal improvements" used in this
section applied to turnpikes, canals, and the like. State ex
rel. Boynton vs. Kansas State Highway Commission, 138 K. 913,

28 P. (2d) 770 (l934). See page 6, Sec. II, par. C, (1), (a).

A statute authorizing the State to construct, operate, and
maintain an oil refinery had as its object a work of "internal
improvement" and hence was void under this section. State ex
rel. Coleman vs. Kelly, 71 K. 81l, 81 P. 450 (1905).

(Footnote forwarded) .

 Kansas 9.
. II. Financial Powers and Limitations (Cont'd)
C. Borrowing and Use of Credit (Cont'd)
(2) Counties
No provisions. The county debt limit is regulated
by statute, see page 5, footnote 10.
(5) Other Local Units
See page 5, Sec. II, par. A, (5), and footnote 10.
D. Other Income 16/
E.\ Appropriations and Egpenditures
(1) State
No money shall be drawn from the treasury, except
in pursuance of a specific appropriation made by law, and no appro-
priation shall be for a longer term than two years. 12/
(Footnote #15 - Continued)

A drainage district may not engage in the business of con-

ducting a sand plant for profit under this section. State ex
. rel. Mellott vs. Kaw Valley Drainage District of Wyandotte County,

126 K. 45, 267 P. 51 (1928).

16. Sections of the Constitution provide that certain funds such as
proceeds of the sale of public lands, and escheats to the State,

- shall be set aside in a common school fund. The principal of

this fund shall not be touched, but the interest shall be used
for the support of common schools. The manner of distributing
these funds’throughout the State is provided for. A similar
fund is set up for the support of the State University. A
board is set up to administer these school funds. Constitution,
Art. VI, Sec. 5-8. See Treadvell Vs. Beebe and Rishel vs.
McPherson County, under footnote 5, page 1.

17. Constitution, Art. II, Sec. 24, as amended 1876.

Special taxes, which the State may levy on motor vehicles
and motor fuels, for the maintenance of highways, need not be
paid into the State treasury, and therefore this section is
inapplicable to such taxes, even though such funds are paid
into the treasury as a matter of convenience. Consequently the
Legislature need not make a specific appropriation of these
funds. State ex rel. Boynton vs. Kansas State Highway Commis-
sion, 159 K. 591, 52 P. (2d) 495 (1954).

 10. Kansas
II. Financial Powers and Limitations (Cont'd) .
E. Appropriations and Expenditures (Cont'd)
(2) Counties and Other Local Units
No provisions.
III. Provisions Affecting Legislation
A. Regular Sessions of the Legislature

All sessions of the legislature shall be held at the
state capital, and beginning with the session of eighteen hundred and
seventy-seven, all regular sessions shall be held once in two years,
commencing on the second Tuesday of January of each alternate year
thereafter. 18/

E. Special Sessions of the Legislature '

He (the Governor) may, on extraordinary occasions, convene
the legislature by proclamation, and shall, at the commencement of
every session, communicate in writing such information as he may
possess in reference to the condition of the state, and recommend such
measures as he may deem expedient. 19/

C. Powers of Initiative and Referendum .

No banking law shall be in force until the same shall
have been submitted to a Vote of the electors of the state at some
general election, and approved by a majority of all the votes cast
at such election. 29/

D. Legislative Enactment

(1) Every bill shall be read on three separate days in
each house, unless in case of emergency. Two—thirds of the house
where such bill is pending may, if deemed expedient, suspend the
18. Constitution, Art. II, Sec. 25.

19. Constitution, Art. I, See. 5.

The question of the existence of an extraordinary occasion
of sufficient gravity to justify a call for an extra session of
the Legislature is to be determined by the Governor alone, in the
exercise of his discretion as a sworn officer, and this discretion
is not subject to challenge or review by the courts. Farrelly
vs. Cole, 60 K. 356, 56 P. 492 (1899).

20. Constitution, Art. XIII, Sec. 8.

This section pertains only to banks having authority to
issue their own circulating currency, of which there have been
none in this State for 50 years or more. State vs. Dietrich,
117 K. 62, 250 P. 329 (1924), citing Pape vs. Capital Bank,

20 K. 440 (1878). .

 Kansas 11.
. III. Provisions Affecting Legislation (Cont'd)
D. Legislative Enactment (Cont'd)
rules; but the reading of the bill by sections, on its final passage,
shall in no case be dispensed with. 21/

(2) No bill shall contain more than one subject, which
shall be clearly expressed in its title, and no law shall be revived
or amended, unless the new act contain the entire act revived or the
section or sections amended, and the section or sections so amended
shall be repealed. EL] -

(5) All laws of a general nature shall have a uniform
operation throughout the state; and in all cases where a general
law can be made applicable, no special law shall be enacted; and
whether or not a law enacted is repugnant to this provision of the
constitution shall be construed and determined by the courts of the
state. 2Q/

21. Constitution, Art. II, Sec. 15.

Each house of the Legislature is the exclusive judge as
to when a case of emergency arises or exists within the mean-
ing of this section, and it is not necessary, in order that the
reading of the bill shall be considered valid, that the emer-
gency shall be stated upon the journal. weyand vs. Stover,

35 K. 545 (1886).
. 22. Constitution, Art. II, Sec. 16.

Where an act made provision for indebtedness of all types
of governmental units, naming them specifically, it was held
not to violate this section, and not to contain more than one
subject, since all the provisions of the act related to in-
debtedness of governmental units. State ex rel. Boynton vs.
Board of Education of City of Topeka, 157 K. 451, 21 P. (2d)
295 (1955).

Where the title of a statute mentioned maintenance of an
airport and the body of the act authorized subletting of an
airport, the title was held to be sufficient. Concordia-
Arrow Flying Service Corporation vs. City of Concordia, 131
K. 247, 289 P. 955 (1950).

25. Constitution, Art. II, Sec. 17, as amended 1906.

A statute applicable to cities above a certain population
does not contravene this section and is uniform in operation
even though the statute is now applicable to Kansas City only,
because other cities may later come within-the classification
set up. State ex rel. Smith vs. French, 130 K. 464, 286 P.

204 (1950).

A statute applicable to counties having a population of
more than 85,000 and less than 150,000 is a proper classifi-
cation and valid under this section. State ex rel. Iertz vs.

' North Wichita Drainage District of Sedgwick County, 127 K. 207,
. 2'72 P. 1'77 (1928).

 «,7 ’ $
12. Kansas
III. Provisions Affecting Legislation (Cont'd) .
D. Legislative Enactment (Cont'd)
(4) The legislature shall prescribe the time when its
,acts shall be in force, and shall provide for the speedy publication
of the same; and no law of a general nature, shall be in force until
the same be published. . . 23/
IV. Constitutional Amendment or Revision
A. By Proposal of Legislature or People
Propositions for the amendment of this constitution may
be made by either branch of the legislature; and if two-thirds of all
the members elected to each house shall concur therein, such proposed
amendments, together with the yeas and nays, shall be entered on the
journal; and the secretary of state shall cause the same to be pub-
lished . . . for three months preceding the next election for represent-
atives: at which time the same shall be submitted to the electors,
for their approval or rejection; and if a majority of the electors
voting on said amendments, at said election, shall adopt the amend-
ments, the same shall become a part of the constitution . . . not
more than three propositions to amend shall be submitted at the same
election. §§/ .
B. By Constitutional Convention .
Whenever two—thirds of the members elected to each branch
of the legislature shall think it necessary to call a convention to
revise, amend or change this constitution, they shall recommend to
the electors to vote at the next election of members of the legis-
lature, for or against a convention; and if a majority of all the
electors voting at such election shall have voted for a convention,
the legislature shall, at the next session, provide for calling the
same. 26/
24. Constitution, Art. II, Sec. 19.
25. Constitution, Art. XIV, Sec. 1.
The provision of the Constitution that a proposed amendment,
if approved by both branches of the Legislature, shall be voted
upon at the next general election, is mandatory; and if such a
proposition is not submitted at the next general election, the
Secretary of State has no authority to provide for its sub-
' mission at any later time. State ex rel. Dawson vs. Sessions,
87 K. 497, 124 P. 403 (1912).
26. Constitution, Art. XIV, Sec. 2.