City of Wichita v. Missouri & Kansas Telephone Co.

Citations

• 70 Kan. 441
• 78 P. 886
• 1904 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law— Telephone Companies — Title of Act Sufficient. The title of chapter 104 of the Laws of 1885 (Gen. Stat. 1901, §§1251,1252), entitled “An act providing for the formation of telephone companies,” is within the requirement of section 16 of article 2 of the constitution, that “no bill shall contain more than one subject, which shall be clearly expressed in its title.”</p> <p>2. -Amendments — Telegraph and Telephone Companies— Valid Act. Chapter 104 of the Laws of 1885 (Gen. Stat. 1901, §§ 1251,1252), conferring upon telephone companies all the rights given to telegraph companies by article 8 of chapter 23, General Statutes of 1868 (Gen. Stat. 1901, §§ 1342-1348), is not in contravention of the requirements of section 16 of article 2 of the constitution, that “no law shall be revived or amended, unless the new act contain the entire act revived, or the section or sections amended.”</p> <p>3. Telegraph and Telephone Companies — General Telegraph Act Not Repealed by Charter Act. No part of the general telegraph act (Gen. Stat. 1868, ch. 23, art. 8; Gen. Stat. 1901, §§ 1342-1348) was repealed by the charter act of cities of the first class (Laws 1881, ch. 37).</p> <p>4. Statutory Construction — Effect of General Repealing Clause. A general repealing clause in an act is a legislative expression which carries with it a repealing effect only where by law the effect would be the same without such repealing clause.</p> <p>5. Cities op the First Class — Telegraph and Telephone Companies — Use of Streets and Alleys. Thephrase, “to grant the right of way,” in subdivision 22 of section 11 of the charter act of cities of the first class (Laws 1881, ch. 37; Laws 1903, ch. 122, §53), construed with section 74 of the general telegraph act (Gen. Stat. 1868, ch. 23, art. 8; Gen. Stat. 1901, §§1342-1348), gives to cities of the first class the right to determine and designate the streets and alleys of the city which may be occupied an