State ex rel. Hopkins v. Raub

Citations

• 106 Kan. 196
• 186 P. 989
• 1920 Kan. LEXIS 485

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Improvement of Country Roads — Statutes Constitutional and Valid. The act providing for the improvement of country roads (Laws 1917, ch. 265) and the amendatory act (Laws 1919, ch. 246), do not violate section 1 of article 11 of the constitution, requiring a uniform and equal rate of assessment and taxation.</p> <p>2. Same. Nor do they delegate legislative power to the petitioners for an improved road.</p> <p>3. Same. The statutes named are not invalid by reason of the limitations as to the numbers, classes and qualifications of petitioners who may initiate a road improvement.</p> <p>4. Same. The fact that an improvement is initiated under the act of 1917, and completed under the amendatory act of 1919, does not invalidate the proceedings.</p> <p>5. Same. Nor are the acts invalid by reason of an omission to give townships representation or hearings as to the burden imposed upon them under the acts.</p> <p>6. Same — State Not a Party to Improvement of Roads. In the making of the improvement, the state, through its officers, exercises only educational and supervisory powers, and in the exercise of the powers and duties imposed, the state as a state is not a party to the improvement within the meaning of the constitutional provision prohibiting the state from carrying on works of internal improvement.</p> <p>7. Same — ■Statutes Constitutional. The statutes named do not violate section 4 of article 11 of the constitution, providing that “no tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object only such tax shall be applied.”</p> <p>8. Same — Cost of Bridges■ — Interpretation of Statutes. Bridges on an improved road, costing less than $2,000 and having a span of less than twenty feet, are to be included in and their cost apportioned as a part of the improvement, but all bridges of greater cost and longer span are to be built and paid for by the county, as prov