State ex rel. Hall v. Morton

The opinion of the court was delivered by

Btjrch, J.;

The action was one of mandamus to compel the mayor and council of the city of South Hutchinson, a city of the third class, to enact an ordinance pursuant to an initiating petition, or to submit the ordinance to vote at a special election for adoption or rejection by the people. The proposed ordinance related to the routing through the city of state highway No. 17, which was to be hard surfaced by federal aid. The question was whether the subject of the ordinance was within the legislative power of the city, and as a consequence a subject for…