Clarke v. City of Lawrence

Citations

• 75 Kan. 26
• 88 P. 735
• 1907 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Municipal Corporations — Public Improvements — Protest. When a mayor and council of a city of the second class, having a population of more than 10,000 inhabitants, have adopted a resolution declaring that it is necessary to pave and curb a certain street or part thereof in such city, and have published such resolution in the official daily paper for five consecutive days, such mayor and council have power to cause such improvement to be made, unless a majority of the resident owners of real property liable to taxation for such improvement shall, within twenty days after the last publication, file with the city clerk their protest in writing against such improvement. (Gen. Stat. 1901, § 1068.)</p> <p>2. :-Resident Owners — Qualifications. In determining the total number of such resident owners of real property, neither the age, sex or the physical or mental condition of any owner nor the extent or value of his ownership is to be considered. The sole tests are residence and ownership.</p> <p>3. -Mistake in Dating First Publication of Preliminary Resolution. ■ In the publication of such resolution the unauthorized placing of a head-line which states that the first publication was on a date one day earlier than it actually occurred will not, in' the absence of proof that any one interested was misled to his prejudice thereby, vitiate such publication.</p> <p>4. Constitutional Law — Title, of an Act. Chapter 366 of the Laws of 1901 is not unconstitutional by reason of any defect in the title, nor because the b'ill contains more than one subject, nor because it is in derogation of section 17 of article 2 of the constitution of Kansas. (Gen. Stat. 1901, § 136.)</p>