City of Emporia v. Atchison, Topeka & Santa Fe Railway Co.

*719The opinion of the court was delivered by

Burch, J.:

The action is one of mandamus to compel the defendant to construct an undergrade street crossing. The cause was referred to a commissioner who was directed to return findings of fact and conclusions of law. His report is appended hereto. •

The ultimate conclusion of fact, that the action of ' the city in ordering the subway was not without support in reason and consequently was a valid exercise of legislative power, is advisory only. The conclusion of law depends entirely upon the character of the ultimate conclusion of fact. The conclusion of…