City of Salina v. THOMPSON, TRUSTEE OF MO. PAC. RLY.

The opinion of the court was delivered by

Wertz, J.:

This was an appeal by an interested landowner to the district court of Saline county from findings of the board of. county commissioners allowing addition of described territory to the City of Salina upon petition of the city to that board under G. S. 1935, 12-501 and 12-502. Provision for such appeal is made in section 12-502a. The appeal was resisted by the city on the ground that said section 12-502a is an unconstitutional delegation of legislative functions to the district court, and its contention was sustained by the district court. The…