State v. Kansas Electric Power Co.

Citations

• 116 Kan. 70
• 226 P. 254
• 1924 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Electricity — Franchise for Transmission of Electric Current Between Two Incorporated Cities — Petition for Election — Requisite Number of Petitioners Legally Determined. The act (R. S. 12-824) authorizing incorporated cities, into or through which any corporation has built or proposes to build lines for the transmission of electric current between two or more incorporated cities, to grant franchises upon prescribed conditions, and providing that such franchise shall not be granted until notice of the proposition shall be given, and that if, within a prescribed time, ten per cent of the legal electors should petition the city authorities to submit the proposition to a vote of the electors of the city, it should be so submitted and the city authorities governed by the result of such vote. Held, on a controversy as to the sufficiency of petitions presented to the city commission asking that a proposition for such franchise be submitted to a vote of the electors, that the evidence produced failed to show that the petitions presented contained ten per cent of the legal electors of the city; and further held that the city commission to which was committed the power and discretion to ascertain and determine whether the petitions contained the requisite number of legal electors, having decided that they did not, its determination in the absence of evidence of fraud or misconduct of the commission, equivalent to fraud, is binding upon the parties concerned and conclusive upon the courts.</p> <p>2. Same — Transmission of Electric Current Between Incorporated Cities— Cities Authorized to Grant Franchise. The act referred to authorizes incorporated cities to grant franchises for the purposes named therein without regard to whether the cities are operating under a commission form of government or a mayor and council.</p>