Kaw Valley Drainage District v. Kansas City Southern Railway Co.

Citations

• 87 Kan. 272
• 123 P. 991
• 1912 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Drainage District — Clearing Channel of River— Elevation of Railroad Bridges. The Kaw Valley Drainage District, in its work of clearing the channel of the Kansas river at and near its mouth and in prescribing the height of bridges over such stream, is exercising the police power of the state, and has the right to require railroad companies to elevate their bridges to correspond with the height of levees constructed by the board, its determination that such elevation is necessary being prima facie bona fide and valid.</p> <p>2. - Same. It is no defense to an action to compel such elevation that such requirement would entail upon the railroad companies large expense or force them into controversies with the city and other railroad companies respecting the raising of grades made necessary by such elevation. Their rights and franchises must be deemed to be held subject to the necessity of complying with all reasonable requirements which the legislature may make or authorize in the exercise of the police power of the state.</p> <p>3. Constitutional Law. Such requirement does not by reason ■ of the consequent expense and difficulty amount to a violation of the contract, commerce, due process, or equal protection clause of the federal constitution.</p> <p>4. Former Agreement — Ultra Vires — No Defense.. The plaintiff board, having no power to abrogate its authority by contract, is not bound to refrain from requiring such elevation by reason of an agreement in 1907 to treat a certain bridge of lower elevation as lawful and sufficient; the party thus contracting with the board being required to know that such contract, if construed to prevent other and different requirements as conditions should demand them, was ultra vires.</p> <p>■5. Plans — Approved by Federal Authorities. The plaintiff board can not compel the elevation of the bridges in question until reasonable plans therefor are approved by the proper federal authorities.