State ex rel. Little v. Spencer

The opinion of the court was delivered by

Horton, C. J.:

This is 'an original proceeding in this court, to obtain a peremptory writ of mandamus compelling the defendant, John Spencer, as road overseer of road district No. 2, Grainfield township, Gove county, to open up certain highways, and remove obstructions therefrom.

The principal and only question involved in this case is the constitutionality and application of chapter 229 of the Laws 1889, entitled “An act declaring all section lines in the counties of Seward, Meade, Haskell, Grant, Garfield, Gray, *656Gove, Logan, Wallace and Stevens public…