Rice v. Robson

Citations

• 83 Kan. 252
• 111 P. 186
• 1910 Kan. LEXIS 515

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Commission Form of Government. Before the commission form of government provided for by chapter 82 of the Laws of 1909 can be applied in a city of the second class it must be adopted at an election held pursuant-to a notice as prescribed in section 36 of the act.</p> <p>2. -Elections — Notice. Where the- last publication of the notice of a city election to adopt the commission form of government in a city of the second class was only five days before the date fixed for the election, and less than a majority of the-registered voters voted upon the proposition, the commission form of government was not adopted, although a majority of the votes cast were in favor of the proposition and the vote was canvassed and the result declared accordingly.</p> <p>3. Office and Officers — Mandamus. The councilmen of a city will not be compelled by mandamus to canvass votes for persons to fill offices which do not exist.</p>