Supreme Court of Kansas November 6, 1909, No. 16,666 (Heath v. City of Iola)

The opinion of the court was delivered by •

Mason, J.:

In July, 1909, a city of the second class passed an ordinance imposing a road tax payable in work, the refusal to perform which was made punishable as a misdemeanor. An injunction was brought to restrain proceedings under the ordinance, on the ground *178that it was void because not authorized by the statute.