59 Kan. 259 | Kan. | 1898
This was a suit brought by plaintiff in error against defendant in error, a city of the. second class, to recover upon city warrants issued in aid of the construction of a railroad, pursuant to chapter 107, Laws of 1876, as first amended by chapters 142 and 144, Law3 of 1877, and subsequently by chapter 183, Laws 1887 (Gen. Stat. 1897), and particularly in pursuance of section 11 of the first mentioned chapter. The case was submitted to the court upon an agreed statement of facts, on which judgment was rendered in favor of the defendant city. From this judgment the plaintiff prosecutes error to this court. The warrants were issued pursuant to a vote of the city council, November 1, 1887, and at that time one J. L. Huey was mayor of the City and one James'Hill was a member of the city council. Huey was also president of the railroad company to which aid was voted, and Hill was a contractor under whom the road had been built by contract with the railroad company. Hill voted for the issuance of the warrants, and his vote was necessary to make up the requisite majority. Huey as mayor approved the proceedings of the council ordering the issuance of the warrants, and also as such officer signed the warrants when issued.
“ If the action taken by a municipality amounts to prescribing a permanent rule of conduct, which is to be thereafter observed by the inhabitants of the municipality, or by its officers in the transaction of the corporate business, then, no doubt, the rule may be more properly expressed in the form of an ordinance ; but it is eminently proper to act by resolution, if the action*263 taken-’s merely declaratory of the will of the corporation i a given matter, and is in the nature of a ministerial act.”
This language commends itself to us as applicable to the facts of the present case. .The action of the council is evidenced by the following quotation from its proceedings :
“0. Ingersoll moved warrants to the amount of thirty thousand dollars to be issued to the Grouse Creek Railway Co. Carried.
“ It is therefore ordered that the warrants of the city of Arkansas City in said Cowley County be issued to said Railway Company in the sum of thirty thousand dollars.”
This is dated at Arkansas City, Kan., November 1, 1887, signed by the mayor and five members of the council, constituting a majority of -the whole number, and attested by the city clerk. There is no substantial difference between the motion above stated, and the action of the council in adopting the same and ordering the issuance of the warrants pursuant thereto, and the technically variant form of a resolution.
The two above-noted objections to the validity of the warrants sued upon are the only ones brought to our attention. Neither of them is availing, and the decision of the District Court will therefore be reversed, with directions to enter judgment upon the agreed statement of facts in favor of the plaintiff in error.