Union Pacific Railroad v. City of Abilene

The opinion of the court was delivered by

Burch, J.:

In the year 1903 the legislature passed an act which reads as follows:

“Section 1. Whenever, in any city of the first or second class, a petition shall be filed with the clerk of any such city, signed by a majority of the resident owners of real estate fronting on any street or portion of street not less than two blocks in length, requesting the mayor and council of any such city to have said street or portion of street not less than two blocks in length sprinkled, setting forth the length of time during which the sprinkling is to be done, it…