(Download) "Panhandle Eastern Pipe Line Co. v. Fadely" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Panhandle Eastern Pipe Line Co. v. Fadely
- Author : Supreme Court of Kansas
- Release Date : January 06, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The opinion of the court was delivered by This was an action by Panhandle Eastern Pipe Line Company
(plaintiff-appellee) against the state treasurer and the state
corporation commission (defendants-appellants) for a declaratory
judgment holding senate bill No. 425 (L. 1957, ch. 43) and the
second sentences of sections 2, 3 and 5 of senate bill No. 428
(L. 1957, ch. 312) of the 1957 legislature unconstitutional and
void. Senate bill No. 425 directed the treasurer to transfer
$100,000 from the unexpended balance in the natural gas
conservation fund of the state corporation commission to the
state general revenue fund. The challenged portions of senate
bill No. 428 (G.S. 1957 Supp., 55-609, 55-711 and 55-131) are
amendments to G.S. 1949, 55-609 and 55-711, and G.S. 1955 Supp.,
55-131, and direct the treasurer to credit to the general fund
twenty per cent of all costs collected by the commission pursuant
to those statutes, with the remaining eighty per cent to be
deposited in a special fund for the use of the commission in
administering the provisions of the statutes. The trial court
found the challenged statutes unconstitutional and enjoined
defendants from carrying out the mandates of senate bill No. 425
and the second sentences of sections 2, 3 and 5 of senate bill
No. 428, from which judgment defendants appeal. The pertinent portions of G.S. 1949, 55-609 and 55-711, and
G.S. 1955 Supp., 55-131, as amended, are as follows: