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STATE, EX REL., v. SALOME

No. 37,935

169 Kan. 585 (1950)

220 P.2d 192

STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General, Plaintiff, v. WILLIAM C. SALOME, JR., L.A. DONNELL, EARL K. DUKE, FLOYD AMSDEN and RUSSELL JUMP, as members of the governing body, the Board of Commissioners of the City of Wichita, Sedgwick County, Kansas, and C.C. ELLIS, City Clerk of said city, Defendants. (The Board of County Commissioners of Sedgwick County, Kansas, Intervenors.)

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

W.D. Jochems and J. Wirth Sargent, both of Wichita, argued the cause, and Harold R. Fatzer, attorney general, was with them on the briefs for the plaintiff.

Wayne Coulson, of Wichita, argued the cause, and Fred W. Aley, city attorney, L.E. Curfman, assistant city attorney, and Howard T. Fleeson, of Wichita, were with him on the briefs for the defendants.

W.F. Lilleston, of Wichita, argued the cause, and Robert H. Nelson, county counselor, was with him on the briefs for the intervenors.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding in mandamus to compel the city officials of Wichita to accept and examine petitions under G.S. 1935, 12-107, calling for adoption of or a referendum upon a proposed ordinance repealing two resolutions adopted by the city of Wichita on August 14, 1945, and a third resolution adopted on April 22, 1947, all pertaining to flood control...

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