Heath v. City of Iola

Citations

• 81 Kan. 177
• 105 P. 32
• 1909 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Grants of Power — Statutory Construction. Where an express provision of the statute giving cities of the second class authority to require the residents to perform labor on the streets is repealed, general grants of power are not readily to be construed as conferring the same right by implication.</p> <p>2. -Road Tax — Withdrawal of Power from Certain Classes of Cities. The amendment of the statute (Gen. Stat. 1901, § 6031) making each incorporated city “of more than six hundred inhabitants” a road district, by striking out the words quoted and inserting “of the third class” (Laws 1907, ch. 295, § 1), indicated a legislative purpose to withdraw cities of the first and the second class from the operation of that provision.</p> <p>3. -Power Not Restored by Subsequent Legislation. The provision of the law of 1909 (Laws 1909, ch. 198, § 8) making all male residents of the state between certain ages amenable to the road tax therein referred to, being essentially a reenactment of the old law, did not indicate any change of legislative policy in that regard.</p>