City of Emporia v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 88 Kan. 611
• 129 P. 161
• 1913 Kan. LEXIS 386

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus—Opening City Street—Potver of City is Legislative. The courts have no general supervisory power over the policy of municipal legislation. The extent to which' the welfare of a city and of the traveling public will be promoted by opening a city street through a railway embankment which wrongfully obstructs it, leaving the railway tracks upon a viaduct, is not a judicial question. The power of the city over the subject is legislative, and the-courts can interfere in such cases only because of some constitutional impediment or lack of legislative authority on the part of the city, or because the conduct of the city is so arbitrary, capricious, unreasonable and subversive of private right as to indicate an abuse rather than a bona fide exercise of power.</p> <p>2. Pleadings—-For Writ of. Mandamus—Held Sufficient. The pleadings examined and held to present no valid objections to the enforcement of an ordinance requiring the defendant to open a street which it obstructs in the manner stated, by the construction of a subway under its tracks.</p>