Smalley v. Yates

• Citation: 13 P. 845,36 Kan. 519
• Parties: M. S. SMALLEY v. L. R. YATES, as Mayor of the City of Hiawatha, et al
• Decision Date: 11 March 1887
• Court: United States State Supreme Court of Kansas

13 P. 845

36 Kan. 519

M. S. SMALLEY v. L. R. YATES, as Mayor of the City of Hiawatha, et al

Supreme Court of Kansas

March 11, 1887

Decided January, 1887 [Copyrighted Material Omitted]

Original Proceedings in Mandamus.

ON March 11, 1887, Mr. Justice VALENTINE allowed and indorsed the following alternative writ of mandamus:

"To the said Mayor and Council of the City of Hiawatha, in the State of Kansas, and the said Frank J. Thomas, Clerk Whereas, it has been suggested to us that the city of Hiawatha, being a city of the second class, did duly submit to the electors of said city of Hiawatha a proposition to vote fifty thousand dollars of thirty-year bonds, to bear interest at the rate not to exceed six per cent. per annum payable semiannually, to pay for the erection of permanent water-works and laying of water-mains for the use of said city of Hiawatha, and that the said electors of said city of Hiawatha did, at an election duly called and held in said city on the 20th day of December, 1886, vote upon said proposition, and that afterward said vote was duly canvassed and said proposition declared duly carried; and whereas, it has been further suggested to us that the said city of Hiawatha did offer said bonds in the sum of fifty thousand dollars, bearing interest at the rate of six per cent. per annum, to the public for sale, upon sealed proposals to be opened on the 21st day of February, 1887, at eight o'clock P. M. on said day, reserving the right to reject any and all bids so contained in said sealed proposals; and whereas, at the time said sealed proposals were to be opened under said order, the mayor and council met in regular session to open the same, and found that no sealed proposals had been submitted; and thereupon the said council, being then and there in regular session, decided then and there to offer said bonds at public auction to the highest bidder; and upon the offer of the said bonds to the highest bidder, the said plaintiff made a proposition to the said council to take the said fifty thousand dollars of bonds, provided for by the submission and vote aforesaid, to bear interest at the rate of five and one-half per cent. per annum, payable semi-annually; that the said mayor and council, being then and there in regular session, rejected all bids made for the said fifty thousand dollars of bonds, to bear interest at the rate of six per cent. per annum, payable semi-annually, and upon the resolution of said body in such session, offered said fifty thousand dollars of bonds to bear interest at five and one-half per cent. per annum, payable semi-annually, to the highest bidder for cash; that thereupon, several bids were made for said bonds, and the highest bid for said bonds was made by the said plaintiff, to wit, the sum of forty-nine thousand one hundred and sixty-nine and fifty one-hundredths dollars, for said fifty thousand dollars of bonds, provided for in said vote and submission, to bear interest at the rate of five and one-half per cent. per annum, payable semi-annually; and the said bonds were thereupon by said mayor and council, in such session, declared sold to the said plaintiff;

"And whereas, the said plaintiff, as such bidder, was required to furnish printed or engraved forms of said bonds, at his expense, for execution, which said form of bonds was to be inspected and approved or disapproved by the said mayor and council, and upon his furnishing a form of bond, approved by said mayor and council, the said mayor was authorized and directed to issue said bonds, and the same were to be attested by said city clerk, with the seal of the city attached, and were to be delivered to one C. H. Janes, as custodian, to be held by said C. H. Janes until the said purchaser should within a reasonable time pay into the said city treasury the said forty-nine thousand one hundred and sixty-nine and 50/100 dollars;

"And whereas, it has been suggested to us that the said plaintiff has furnished to the said mayor and city council an engraved form of bonds, in due, regular and proper form, such as is provided for by law, and by the vote and submission aforesaid, with coupons attached, in numbers sufficient to execute the said fifty thousand dollars of bonds, to bear interest at the rate of five and one-half per cent. per annum, with proper coupons attached, and that the said mayor and city council have refused and do now refuse to inspect said bonds, and to pass upon, approve or disapprove the same or to indicate in anywise to the said plaintiff wherein, if at all, said bonds are defective, so that he may supply under said order for execution a form of bonds and coupons in conformity with the wishes and requirements of said mayor and city council;

"And whereas, it has been further suggested to us that the said mayor, L. R. Yates, and the said Frank J. Thomas, city clerk acting in concert with the said mayor and city council, and in wrong of the said plaintiff, and in violation of his vested rights, and in violation of the plain and manifest duty devolving upon them, have refused and do now refuse to execute said bonds, to...