State ex rel. Dawson v. Board of City Commissioners

Citations

• 92 Kan. 247
• 139 P. 1191
• 1914 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mandamus — Cities—Petition for Repealing Ordinance Presented to Commissioners — Duty of Commissioners. A city of the second class under commission government having voted to issue bonds to construct an electric light plant, the commissioners passed an ordinance providing for the execution of the bonds and prescribing their form and the manner of execution. Shortly thereafter a petition of not less than ten nor more than twenty-five per cent of the number of electors who voted for all candidates for mayor or commissioner at the last preceding general city election, containing a request that an ordinance therewith submitted, repealing the one providing for the execution of the bonds, be passed or submitted at the next general city election, was presented. To this petition the clerk attached his certificate of sufficiency at a date less than thirty days before the next general city election. Held, that under the provisions of section 1503 of the General Statutes of 1909 it is the duty of the commissioners to pass such repealing ordinance or submit it at the general election in April, and the performance of such duty may be compelled by mandamus.</p>