State ex rel. Weber v. Younkin

Citations

• 108 Kan. 634
• 196 P. 620
• 1921 Kan. LEXIS 239

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — County Clerk Not Compelled by Mandamus to Perform a Ministerial Duty to Give Effect to an Unlawful Act. A county clerk will not be required by mandamus to perform a ministerial duty when its performance is necessary to give effect to an unlawful act which the board of county commissioners has undertaken, although the board has full responsibility therefor and the county clerk has none.</p> <p>2. Highways — County Commissioners Constructing Improved Highway —Purchase of Road-building Material — Inequitable Distribution of</p> <p>. Costs Thereof. When a board of county commissioners, pursuant to statutory authority, undertakes to construct an improved highway, the board may lawfully purchase road-building machinery for that purpose, and charge the initial cost to the road project; but it does not follow that the large sum which the board might justifiably expend for such machinery for a proposed highway of twenty-nine miles can be charged against a road project of five miles of such highway when it develops that the remaining parts of the proposed highway must be abandoned because of initial irregularities.</p> <p>3. Same. An expenditure of a sum of money which might be justifiable to invest in road-building machinery to construct a proposed highway of twenty-nine miles may be altogether unreasonable in amount when only five and a fraction miles of such highway must carry the entire burden of such expense.</p> <p>4. Same — Implied Powers Conferred on Public Officials. When, by statute, official powers and duties are conferred or imposed upon a public officer or official board, the only implied powers possessed by such officer or board are those which are necessary for the effective exercise and discharge' of the powers and duties expressly conferred and imposed.</p> <p>5. Same — Duty and Discretion of Highway Engineer. When there is no showing that the state highway engineer has abused his discretion in determining the es