Board of County Commissioners v. Davis

Citations

• 99 Kan. 1
• 160 P. 581

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. High-school Bonds — Statutory Procedure Must Be Followed. Where a series of statutes dealing with a particular subject forms a complete and independent method for guidance to official action the procedure therein prescribed must be substantially followed, and the failure to follow such procedure can not be remedied by invoking other general statutes which do not pertain to .that particular subject.</p> <p>2. Same — Authority of County Commissioners to Call Election — Statutes Construed. The authority of a board of county commissioners to call an election to vote bonds for a county high school in a county of less than six thousand population is the statute which deals with that particular subject,- and not the general statute conferring power on the county board to determine, at its discretion, the necessity for' permanent county buildings and to call an election to vote bonds therefor.</p> <p>3. Same — Commissioners’ Authority to Call Election■ — •Dependent upon Presentation of Petition Therefor. Where a statute provides that upon presentation of a petition of twenty-five per cent of the legal voters of a county asking for an election on a proposed bond issue to build a county high school it shall become the duty of the board of county commissioners to call such election, the presentation of such petition is a condition precedent to lawful action by the board; and an election held on call of the county board without such petition is void, and the registration of bonds thus irregularly voted for can not be compelled by a writ of mandamus.</p>