STATE, EX REL. SHAW v. City of Topeka

The opinion of the court was delivered by

Wedell, J.:

This original proceeding, in the nature of quo warranto, was instituted by the state, on the relation of the county attorney of Shawnee county, to test the validity of chapter 262, Laws 1939 (G. S. 1947 Supp. 72-1757). The act reads:

“An Act relating to elections by boards of education in cities of the first class and providing for the cost of such elections.

“Be it enacted by the Legislature of the State of Kansas:

“Section 1. The expense of all elections held for school purposes in cities of the first class having a population of more than…