State ex rel. Connaughton v. Holcomb

Citations

• 95 Kan. 660
• 149 P. 684
• 1915 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY'THE COURT.</p> <p>1. CITIES' — Statute Providing for Incorporation of Cities of the Third Class — Action by County Commissioners Final and Conclusive. The act providing for the incorporation of cities of the third class (Gen. Stat. 1909, § 1511) confers authority on the board of county commissioners to determine whether or not a petition for incorporation presented to it is signed by a majority of the electors of the unincorporated town. The authority thus conferred is jurisdiction, which attaches when a petition fair on its face and duly published is filed. Proceedings following resulting in an order effecting incorporation are the exercise of jurisdiction. The legislature having authorized no appeal or other method of review, the action of the board of county commissioners is final and conclusive although irregular and erroneous, and can not be attacked by the state in an action of quo warranto prosecuted against the corporation except for fraud, collusion or other misconduct the substantial equivalent of fraud.</p> <p>2. Same — Special Legislation — Section 1 of Chapter 15S of the Laws of 1915 is Unconstitutional. Section 1 of house bill number 139, passed by the legislature of 1915 (Laws 1915, ch. 153), purporting to cure irregularities in the incorporation of cities of the third class incorporated in the year 1913 is unconstitutional and void as special legislation conferring corporate power. (Const., art. 12, § 1.)</p>