City of Wichita v. Wichita Railroad & Light Co.

Citations

• 96 Kan. 606
• 152 P. 768
• 1915 Kan. LEXIS 446

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City Commissioners — Right to Examine Books, Records, etc., of Public Utility — Statute Construed. Chapter 114 of the Laws of 1907 is prospective in its purpose and not retrospective, and the provisions in subdivision 5 of section 114 therein, declaring that city commissioners shall have access to and the right to examine all books, receipts, files, records, and documents of any public utility, the franchise of which has been extended, for the purpose of verification and to correct the same if found erroneous, has no application to a public utility whose franchise was extended by an ordinance passed and accepted in 1903, one of the conditions of such extension being that the grantee should once in each year file with the city clerk a detailed statement, properly verified, showing its operating expenses and earnings.</p> <p>2. Same — . Verified Annual Statements Filed — Satisfies the Statute. Where a public utility corporation has complied with the provisions of an ordinance extending its franchise and providing for the filing with the city clerk of verified annual statements, showing its receipts and disbursements, mandamus will not lie to compel the corporation to submit its books and records to the city for inspection for the purpose of verifying the correctness of such statements.</p>