State ex rel. Brewster v. Mayor of Lawrence

The opinion of the court was delivered by

MASON, J.:

This is an original proceeding brought in the name of the state to require the commissioners of Lawrence to issue bonds for the extension of waterworks owned by the city. The refusal of the defendants is based upon a doubt respecting the validity of the statute which purports to authorize such action.

The act in question was enacted in 1913. It undertake's to confer power to issue bonds for the purpose indicated .upon “cities of the second and third class, whose total indebtedness shall not exceed 15 per cent of its total assessed valuation…