Humphrey v. Board of Commissioners

Citations

• 93 Kan. 413
• 144 P. 197
• 1914 Kan. LEXIS 446

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City Commissioner • — • Guilty of Malfeasance — Exercising Functions of Office — De Facto Officer — Act Legal — Collateral Attack. A commissioner of a city of the second class who is guilty of malfeasance which, under section 1 of chapter 111 of the Laws of 1911, ipso facto vacates his office, but who continues in possession of the office and exercises its functions as if he were a rightful incumbent, with the knowledge and acquiescence of the people of the city and the law officers of the state, is a commissioner de facto whose capacity to act in calling a bond election can not be questioned in a collateral action by a taxpayer to enjoin the issuance and sale of bonds authorized by the election.</p> <p>2. City Ordinance — Bond Election — Information Not Required to be Stated in Ordinance. A city ordinance calling a bond election and the election proclamation need not contain information for the guidance of voters not required by statute, and an issue of bonds to build a municipal light plant, authorized at a city election, can not be enjoined because the ordinance and proclamation did not state that the proposed bonds would be paid by taxation.</p> <p>3. City Bonds — Municipal Light Plant — Election—False Rep-' resentations by Agitators — Injunction Refused. The issuance of bonds voted at a city election to build a municipal light plant can not be enjoined because the election was carried by false representations by agitators as to the public plight resulting from the relations between the city and a private corporation then supplying the city with electric light.</p> <p>4. City Electric Light Plant — Not a “Public Utility” Under the Statute. Section 31 of the public utilities act (Laws 1911, ch. 238), providing that no public utility shall transact business until it shall have obtained a certificate from the public utilities commission that the public convenience will be promoted does not apply to a public utility, such as an el