State ex rel. Hopkins v. Grove

Citations

• 109 Kan. 619
• 201 P. 82
• 19 A.L.R. 1116
• 1921 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Statute Authorizing Declaratory Judgments Constitutional. A statute authorizing the rendition of merely declaratory judgments is not unconstitutional on the ground of attempting to confer nonjudicial power upon courts. Such judgments may be judicial acts although rendered in actions admittedly brought before a right has been invaded, and although no consequential relief is given or sought.</p> <p>2. Railroad Corporation — Operating Under City Franchise — Employee Disqualified to Hold Office of City, Commissioner. Where a railroad company uses certain streets and alleys in a city under ordinances granting it the right to occupy them with its tracks upon condition that it shall conform to certain requirements, including the keeping the track in good condition with respect to general travel, the paving of the track between the rails, and the maintaining of a driveway and sidewalk for the public, one who is employed; by such company as a boilermaker is disqualified to hold the office of city commissioner, under the statute which provides that no employee of a railway corporation operating under a franchise granted by a city, or having any contract with it, shall hold any city office. The term franchise is used in such statute in a broad and general rather than a narrow and technical sense, and covers rights acquired under such ordinances, and the relations of the city and railway company under such ordinances are contractual.</p>