Legal Opinion · Dissent

Pollock v. City of Kansas City

Supreme Court of Kansas

Decided May 11, 1912No. 17,690Published

Appeal from Wyandotte district court, division No. 1.

1DissentWest, J.

(dissenting) : I can not agree that a curative act is outside the purview of the constitution or that it forms an exception to the general rule. It is not a question of classification. It is the merest and plainest question of obedience to the supreme law commanding that “the legislature shall pass no special act conferring corporate powers.” (Const. Art. 12, § 1.) That the proviso is special and authorizes the city to proceed with improvements otherwise impossible can not be questioned. When the convention framed this section and the people ratified it, if they meant that the legislature…

2Cases cited22 opinions

  1. Read v. PlattsmouthSupreme Court of the United States · 1883
  2. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  3. Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
  4. City of Topeka v. GillettSupreme Court of Kansas · 1884
  5. Gilmore v. NortonSupreme Court of Kansas · 1872

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