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eBook details

• Title: Harris v. Shanahan
• Author : Supreme Court of Kansas
• Release Date : January 30, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The opinion of the court was delivered by The nature, facts and history of this action are set forth in our earlier opinions of January 31, 1963 (Harris v. Shanahan, 191 Kan. 1, 378 P.2d 157), and December 5, 1963 (Harris v. Shanahan, 192 Kan. 183, 387 P.2d 771), the latter having declared both the 1963 apportionment of the Senate, enacted by Senate Bill 440 (Laws 1963, Ch. 13), and the 1961 apportionment of the House of Representatives (G.S. 1961 Supp., 4-103) to be unconstitutional and void. Having thus ruled, we said: ""It is a matter of public knowledge that the legislature will convene in budget session on the second Tuesday in January, 1964, for 30 days and then adjourn. (Art. 2, Sec. 25.) This court feels certain that the governor will invoke constitutional processes and call the legislature into special session which will then be assembled at the state capitol, and that the legislature will enact valid apportionment acts apportioning the state into legislative districts pursuant to Article 2, Section 2, and Article 10, Sections 1 and 2 of our Constitution. Accordingly, if reapportionment of the state is accomplished in full compliance with the constitutional mandate, it may not be set aside by this court during its constitutional life and would not be subject to alteration until the next constitutionally established reapportionment period. Consequently, it would follow that judicial action would cease and the judgment of the court below pertaining to equitable relief as well as the manner of holding future elections as therein directed would die of its own terms. ""For reasons stated, we withhold further determination of the appeal, except, of course, our jurisdiction to hear the matter further. This will afford the governor an opportunity to call the legislature into special session, and for it to consider the adoption of apportionment acts based upon the 1963 state census in accordance with Article 10, Sections 1 and 2. In the meantime the record will be held for the purpose of such further action as is deemed advisable and within such reasonable time as the circumstances may demand."" (l.c. 215.) Thereafter, and on February 10, 1964, the governor issued his proclamation calling the legislature into special session on February 17, 1964, to enact such apportionment statutes as would comply with the constitutional mandate pertaining thereto. On the date appointed, the legislature duly convened in special session and subsequently and on February 21, 1964, enacted Senate Bill No. 2, which apportioned the state into 40 senatorial districts, and House Bill No. 2, which apportioned the state into 125 representative districts. Those bills were duly signed by the governor on February 24, 1964, and thereafter published in the official state paper, thereby making the acts effective.

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