State v. Center

Decision Date05 July 1907
Docket Number15,404
Citation91 P. 91,76 Kan. 366
PartiesTHE STATE OF KANSAS, ex rel. C. C. Coleman, as Attorney-general, v. THE CITY OF CLAY CENTER et al
CourtKansas Supreme Court

Decided July, 1907.

Error from Clay district court; SAM KIMBLE, judge.

Judgment affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

1. MUNICIPAL BONDS--Notice of Election--Time of Publication. The first publication of a notice of a bond election to be held under the provisions of chapter 101 of the Laws of 1905, authorizing certain cities to issue bonds for natural gas, water, lighting and heating purposes, may be made in the same issue of the official newspaper which contains the publication of the ordinance directing the calling of the election.

2. MUNICIPAL BONDS--Issuance and Sale--Injunction--Intent to Misappropriate the Money. The issue and sale of municipal bonds voted for the construction of an electric-light plant will not be enjoined merely because the city officials entertain and express an intention to expend the money to be derived in equipping the plant to supply electric power to the inhabitants of the city.

Fred S Jackson, attorney-general, C. C. Coleman, F. L. Williams, and John E. Hessin, for The State.

F. P. Harkness, city attorney, and Dawes & Rutherford, for defendants in error.

OPINION

BURCH, J.:

The suit in the district court was commenced to restrain the defendants from issuing, selling and delivering bonds of the city in the sum of $ 25,000, which had been voted at a special election for the purpose of constructing works to supply the inhabitants of the city with electric light. The election was held under the provisions of chapter 101 of the Laws of 1905. Section 2 of the act reads as follows:

"Whenever the city council of any such city shall desire to procure authority for the issuance of bonds under the terms of this act, they shall pass an ordinance directing the calling of an election for the submission of the question to the electors thereof. Notice for such election shall state the amount of bonds proposed to be issued, the purpose of the issue, and state the polling-place or places at which the election will be held. Said notice shall be signed by the mayor and city clerk, and shall be published in at least one newspaper for three consecutive weeks. The first publication of said notice to be at least twenty days prior to the day fixed for such election."

The ordinance directing the calling...

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6 cases
  • Bd. of Ed. of Okla. City v. Woodworth
    • United States
    • Oklahoma Supreme Court
    • March 13, 1923
    ...This question is discussed in the case of Town of Afton v. Gill, 57 Okla. 36, 156 P. 658, and in the case of State of Kansas v. Clay Center, 76 Kan. 366, 91 P. 91. ¶48 For the reasons stated, the judgment of the trial court is reversed, and remanded, with instructions to dismiss plaintiffs'......
  • Board of Ed. of Oklahoma City v. Woodworth
    • United States
    • Oklahoma Supreme Court
    • March 13, 1923
    ... ... statutes and constitutional provisions of the various states ... are not identical, nor are the statutes or Constitutions of ... the same state identical regarding the submitting of various ... questions to the people. In some instances the provisions of ... the statute refer to majority of ... is discussed in the case of Town of Afton v. Gill, ... 57 Okl. 36, 156 P. 658, and in the case of State of ... Kansas v. Clay Center ... ...
  • Town of Afton v. Gill
    • United States
    • Oklahoma Supreme Court
    • March 28, 1916
    ...persons might be enjoined from expending it, and the proper board required to supervise its disbursement. ¶4 In State of Kansas ex rel. v. Clay Center, 76 Kan. 366, 91 P. 91, the municipality had voted funds for the construction of an electric light plant. It was sought to be proved that th......
  • Town of Afton v. Gill
    • United States
    • Oklahoma Supreme Court
    • March 28, 1916
    ... ... inasmuch as a sewer system is a public utility, as heretofore ... held by this court (State ex rel. Edwards v ... Millar, 21 Okl. 448, 96 P. 747), the laterals are a part ... of the system, and both main and lateral sewers are to be ... proper board required to supervise its disbursement ...           In ... State of Kansas ex rel. v. Clay Center, 76 Kan. 366, 91 ... P. 91, the municipality had voted funds for the construction ... of an electric light plant. It was sought to be proved that ... ...
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