State ex rel. Schenck v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The board of county commissioners of Shawnee county undertook to construct a levee along the south bank of the Kansas river, partly within and partly without the city of Topeka. The state brought an action to enjoin the proceeding, and appeals from an order of the district court denying an injunction. The principal subject of controversy is the statutory power of the county board.

In 1893 the legislature passed an act entitled “An act to provide for the construction and maintenance of levees” (Gen. Stat. 1901, § 3905 et seq.), vesting power in…