State ex rel. McCormick v. Bentley

Citations

• 98 Kan. 442
• 157 P. 1197
• 1916 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ’ School Bond Election — Refusal of Mayor to Call Special Election— Mayor’s Duty is Mandatory. When a board of education by regular proceedings under sanction of section 7557 of the General Statutes of 1909 has determined the necessity for a school bond election and has certified its action to the mayor, that officer has no option of refusal to issue his proclamation to call the election. His duty is mandatory and purely ministerial. (Gen. Stat. 1909, § 7558.)</p> <p>2. Same — No Money to Pay Expenses — Does Not Excuse Mayor from Issuing Election Proclamation. The fact that a city government did not take into account the contingent expense of possible special elections in making its financial budget, and that it has no money set apart to defray the expense of such an election, will not excuse a mayor from the performance of his statutory duty to call a special election when the proceedings precedent to the demand for his official action are regularly certified to him.</p> <p>3. Same — Mayor has no Discretion — Must Obey Statute. The statutory restrictions against the financial improvidence of the mayor and city commissioners (Gen. Stat. 1909, §§ 1040, 1041, 1328, 1329) relate only to matters within their official control, and do not relate to matters where the- legislature itself has directed what action shall be taken and which may subject the city to liabilities or expenditures wholly outside the discretion of the city government.</p>