Clark v. Board of Commissioners
Supreme Court of Kansas
Error from Wallace District Court. On the 11th day of December, 1893, S. H. H. Clark, Oliver W. Mink, E. Ellery Anderson, J. W. Doane and F. R. Coudert brought this action, as receivers of the Union Pacific Railway Company, to restrain the board of county commissioners and the treasurer of Wallace county from collecting a special or extra levy of 10 mills on the dollar’s valuation of the Union Pacific property in that county, and to prevent the board from issuing warrants…
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Error from Wallace District Court. On the 11th day of December, 1893, S. H. H. Clark, Oliver W. Mink, E. Ellery Anderson, J. W. Doane and F. R. Coudert brought this action, as receivers of the Union Pacific Railway Company, to restrain the board of county commissioners and the treasurer of Wallace county from collecting a special or extra levy of 10 mills on the dollar’s valuation of the Union Pacific property in that county, and to prevent the board from issuing warrants for payment of bounties on wolf, coyote, rabbit and gopher scalps. At that time a temporary injunction was granted.…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
The board of commissioners of. Wallace county claims authority to pay a bounty on gopher scalps by virtue of the provisions of chapter 87, Laws of .1871 (Gen. Stat. of 1889, ¶ 1890). The title of the act is as follows: “An act to protect fruit trees, hedge plants, and fences.” The act authorizes “the county commissioners of any county of this state to pay a premium for gopher scalps taken in their county, not to exceed 20 cents for each scalp.” There is nothing in the body of the act referring to fruit trees, hedge plants, or fences. In…
2Cases cited2 opinions
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
- Board of Commissioners v. WinkleySupreme Court of Kansas · 1882
3Cited by2 opinions
- Missouri, Kansas & Texas Railway Co. v. StateTexas Supreme Court · 1908
- City of Winfield v. HackneySupreme Court of Kansas · 1912