86 Kan. 402

R. M. Cunningham et al., Appellants, v. The City of Iola et al., Appellees.

No. 17,290.



Cities — Ordinances.— Gas Plants Pipe Lines Fixing Rates. The city of Iola has power to supply its citizens with natural gas and to enact ordinances fixing rates.

Appeal from Allen district court.

Opinion denying a rehearing, filed February 10, 1912.

(For original opinion, see ante, p. 86, 119 Pac. 317.)

Frank R. Forrest, for the appellants.

Travis Morse, and G. E. Pees, for the appellees.

The opinion of the court was delivered by

West, J.:

Plaintiffs apply for a rehearing on the sole ground that the opinion (Cunningham v. City of Iola, ante, p. 86, 119 Pac. 317) assumed that they conceded the power of the city to pass the ordinance in question if it were reasonable, and call our attention to certain statements in their brief1 to the effect that they did not make such concession, but denied such power in toto. While in the opinion it was assumed that such power existed, it would have been so decided had we not understood it to be conceded. Section 750 of the General Statutes of 1909 fully empowers the city to construct and operate gas plants and to construct and maintain pipe' lines for the purpose of supplying its citizens with gas, and this by necessary intendment carries with it the power to fix the rates therefor; and, of course, the proper method of fixing rates is by the enactment of an ordinance. Application for rehearing denied.

Cunningham v. City of Iola
86 Kan. 402

Case Details

Cunningham v. City of Iola
Decision Date
Feb 10, 1912

86 Kan. 402




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