268 P. 91 | Kan. | 1928
The opinion of the court was delivered by
This is an original proceeding brought by The Cloud County Farm Bureau, of Cloud county, to compel the board of county commissioners of Cloud county to make an appropriation of not less than $1,200 to the farm bureau as provided in R. S. 2-601, and the following sections relating to county farm bureaus. It appears that the Cloud County Farm Bureau was organized on
The objections raised by the defendant involve an interpretation as well as the validity of the act providing for the organization and maintenance of farm bureaus. Preliminary to the consideration of the act it is not improper to note that on May 8, 1914, congress passed an act providing for the cooperation of extension work to aid in diffusing among the people of the United States useful and practical information on subjects relating to agriculture and home economics, and making appropriations to be inaugurated and administered by the agricultural colleges of the states as the legislature of each state may direct. (38 Stat. ch. 79; U. S. Code Annotated, Title 7, §§ 341 to 348.) In 1915 the legislature of Kansas passed a cooperating act, the pertinent sections of which provide:
“Aid of bureaus. That whenever there shall be organized in any county in the state of Kansas a county farm bureau having a membership of 25 per cent of the bona fide farmers of the county, or as many as 250 farmers, and having for its purpose the giving of instruction in agriculture and home economics to the people of said county through practical demonstrations and otherwise, and the employment of a county agricultural agent or agents to prosecute this work, the Kansas state agricultural college shall contribute, from federal and .state funds granted for demonstrations in agriculture and home economics, not less than $1,200, as far as such funds are available, towards the salary of*324 such county agricultural agent, or agents. All applications for such funds must be made by farm bureaus to the extension division of the Kansas state agricultural college, on or before June 1 and December 1 of each year.” (R. S. 2-601.)
“Conditions of such aid. Before such appropriation is made the county farm bureau shall present to the board of county commissioners of its county a copy of the constitution and by-laws adopted by the farm bureau, and approved by the Kansas state agricultural college, and a certified statement of deposit in the local bank of the county of not less than $800, which shall be used subject to the order of the county farm bureau for providing the necessary equipment for said bureau.” (R. S. 2-602.)
“County appropriations and, levies for bureau,. When said county farm bureau shall present to the board of county commissioners its list of farm bureau members provided in section 1, and its certificate of deposit as provided in Laws 1915, chapter 166, section 2, the said board of county commissioners shall appropriate a sum of money not less than $1,200 per annum to assist in the payment of the salary of the county agricultural agent and the expenses of the farm bureau. The executive committee of the farm bureau shall be required to prepare and present to the board of county commissioners, on or before the first Monday in August, a budget or budgets showing clearly the amounts needed from year to year, which budgets shall be used as the basis for the appropriation by the county commissioners, and the county commissioners shall be empowered to make a tax levy against the property of the county, real and personal, sufficient to raise the funds needed for the farm bureau work, which levy shall be in addition to all other levies authorized by law. Before and until the income from such tax levy is available the county commissioners may make appropriations necessary for farm bureau work from the general funds of the county, and shall have power to replace such appropriations from the general fund by transferring an equal amount from the farm bureau fund when available.” (R. S. 2-603.)
It is contended by the defendant that the membership of the bureau was insufficient and that the deposit in the bank for the maintenance of the bureau was not shown. In a resolution the board of county commissioners alleged that on August 1, 1927, the list of members contained the names of persons who were not bona fide farmers. It is recited that quite a number of members were added after August 1, and that these were not entitled to be counted because they were not filed in proper time. It appears that the dean of the extension division of the state agricultural college had inspected the equipment of the bureau and had approved the budget presented to the defendant as a basis for an appropriation by the board. It was certified that an appropriation of $3,295 was necessary to carry on the work. As to the membership it was shown
“In harmony with the Smith-Lever act and the Kansas farm bureau law providing for the support of farm bureau work, ‘This organization shall have for its purpose the giving of instructions in agricultural and home economics to the people of the county through practical demonstrations and otherwise, and the employment of a county agent or agents to prosecute this work.’ The efforts of this organization and its employees shall be to promote the most profitable and permanent system of agriculture; the most wholesome and satisfying living conditions; the highest ideals in home and community life; and a genuine interest in the farm bureau business and rural life on the part of young people.”
These bureaus are under the supervision of the dean of the division of extension of the state agricultural college and, as stated, he has approved the work of the bureau and certified to the board that its’ equipment is satisfactory and that it has fulfilled all the requirements of the law. It follows that the board was not competent to' challenge the validity of the organization or its membership. Neither could it refuse to follow the requirements of the statute relating to its maintenance. The objection that it had not been shown that it had $800 on deposit in a bank when the appropriation was requested is not good in this proceeding. That, like the membership,
In so far as the requirement that the burden of the bureau shall be cast upon the county in which it is located and require it to expend money for a public purpose, the act is well within the legislative power. In State, ex rel., v. Comm’rs of Shawnee Co., 28 Kan. 431, it was held to be within the power of the legislature to require' a county to bear the burden and pay the expense of- a state road established by the legislature which ran through the county. It was said:
“It will be borne in mind that the purpose for which this expense is cast upon the county is a purely public purpose — one that is universally and without question recognized as such. It is not like compelling a county to take stock in a railroad corporation, or to aid in the building of a railroad, or to invest its public moneys in any enterprise in which there is something of private interest. A public highway is a matter solely of public interest. The laying out and keeping in order of highways is one of the ordinary duties of counties and cities.” (p. 433.)
See, also, Fair Association v. Myers, 44 Kan. 132, 24 Pac. 71; State v. Atkin, 64 Kan. 174, 67 Pac. 519; State v. Robinson, 35 Neb. 401.
We see no conflict in the act with the federal constitution, nor do we discover any reason for the refusal of the board of county commissioners to make an appropriation to at least the extent of $1,200, and therefore the plaintiff is-entitled to the relief sought. -The peremptory writ of mandamus is allowed.