Kansas & Oklahoma Railway Co. v. City of Liberal

The opinion of the court was delivered by

Marshall, J.:

This is an original proceeding in mandamus. The plaintiff is a railroad company organized to build a railroad from Forgan, Okla., to Liberal, Kan., a distance of twenty-nine miles. The plaintiff seeks to compel the defendants to issue $20,000 in bonds voted by the city of Liberal to *837aid the plaintiff in building its road. The petition presented to the mayor and councilmen asking that the election be called contained the following:

“Shall the city of Liberal, Seward county, Kansas, aid the Kansas & Oklahoma Railway Company, its successors or…