The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-12-18
OPINION.
BY the Court.

BY the Court. Brewer j.
In May and June, 1871, the city of En-.
pOria entered into two contracts, one for
the curling and guttering, and the other
for the merchandising of Commercial
street. The work was done under these
contracts-was well and cheapIy done,
was accepted by the city and was . Valu-
able and lasting Improvement. No
estimate OF the cost OF the work
was ever made by the engineer or sub
mitted to the city council. In July, 1871,
the city attempted to provide for the
payment of this work by special assess
ments on the adjoining lots. At the time
OF these proceedings the following proVIs-
ion OF the statute applicable thereto was
in force:
Before the city council shall make any
contract for building bridges, or side
! walks, or for any work on streets, or for
any other work or Improvement, al esti-
mate of the cost thereof shall be made by
the city engineer, and submitted to the
council, and no contract shall be entered
into for any work or improvem for q
price exceeding such estimate, and in ad.
vertising for bids for any such work the
council shall cause the amount OF such
estimate TO be published Herewith. Gen.
eral statutes, page 1853, section 81.
In consequence ofthe omission Of this
estimate, the proceedings OF the city
council were without authority, and the
collection Of the contract price by the as
sessments, so far at least Is the lots Of de
Pendants in error are concerned, was
failure. In 1872 the legislature passed I
special act validating these assessments
Laws 1872, page Is. 1t also passed gen
the 4lst section Of which is as follows:
s1In case the corporate authorities o
dRy csta have attempted 20 levy any take
or ASSIGNMENTS for Improvement, or 70
| the payment OF any bonds or other evi
dence OF debt, which ta1es, assessment
| or bonds are or may have been informal
J. illegal or UOid, for the want of suf1cien
authority or other cause, the council
: Of such city, at the time fixed for leVyin
gen sral taxes, shall re-IeVy and re-aSses
l, any such assessments or taxes in IN
!" manner provided In this act. Laws 49,:
page 2O4. rEfef
]. Under this sec ton the city pr
% ceeded TO make 3 re-leVy Of these asses
Il ments, and this action was brought to r
strain any further proceedings on Ii
~ part OF the city. The judgment In q
district court was In favor OF the lot ow
RS, and the elty brings the question he
for reorganization.
J. It Is conceded that but for the Iegi 81
g. ton Of 1872, the lot owners would be en-
~ tied to their restraining order, bat IL
n. contended, first, that the special act ma
valid and legal the assessments Of lSi
10 and, second, that the re-levy made the
"A sessments valid and binding liens on
lots. A confederation Of the second qu,
ton Is all that will be necessary. For
seems 70 US that the proposition there
NJ contained Is correct. This section v
passed after the levy OF 1871, and, by
d. terms, Is manifestIy applicable 10 Ct
on like the present. Indeed We do not
he derstand the counsel IS disputins that
is within the very letter Of the statU
see but the contention is that to give 70 I
the section the sweeping and compFeh eus
a. construction that Its language will ?
nit, IL TO bring It into conflict with
emu tIOn 8 OF article XII Of the constitute
This sectiOA Of the constitution is as
lows:
:. "SectIon 5. Provision shall be IN