Smith v. Hosford

Citations

• 106 Kan. 363
• 187 P. 685
• 1920 Kan. LEXIS 520

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporation- — Power to Enact Police Regulations. A municipal corporation has no inherent power to enact police regulations, but such authority must be expressly granted or clearly implied.</p> <p>2. Same — Ordinance Relating to Location and Building Garages — Unconstitutional and Void. An ordinance which puts it in the power of the officers of a city to grant a permit to build a garage, or to refuse such a permit at will, is unconstitutional and void, because it assumes to clothe such officers with arbitrary power to be exercised merely at their will or caprice, whether they are disposed so to exercise it or not.</p> <p>3. Same — Ordinance Relating to Licenses to Build Garages Void. An ordinance which prohibits a clerk of a city of the first class from issuing a license to build a garage “unless the application for such license be approved by the Board of Commissioners” of such city is for the reasons above indicated void.</p>