Printable Format73-401. Memorials by counties and cities; bonds. The various counties and cities of the state of Kansas are hereby authorized and empowered to vote bonds or incur indebtedness in the manner hereinafter prescribed for the erection of such memorials as may be petitioned for as suitable and proper to commemorate the valorous achievements of the citizens of the respective cities or counties who as soldiers, sailors and marines entered the service of the United States during the war with Mexico, the Indian wars, the war of the rebellion, the Spanish-American war, world war I, including therein those devoted women of the corps of the Red Cross nurses attached to the service of the United States, and world war II, also persons who have served with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and the United Nations or under the flag of the United States alone, and those citizens of the county or municipality who enlisted in the military, naval or Red Cross service during world war I, or world war II; also persons who have served with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and the United Nations or under the flag of the United States alone. Such memorial so petitioned for may consist of a building, monument, arch, or other structure, or improved highway, park or boulevard.
History: L. 1921, ch. 256, § 1; R.S. 1923, 73-401; L. 1945, ch. 301, § 7; L. 1951, ch. 429, § 6; June 30.
Source or Prior Law:
L. 1919, ch. 279, § 1.
Cross References to Related Sections:
Applicable to certain Red Cross nurse corps members, see 73-220.
Attorney General's Opinions:
Funds derived under this act are trust funds to be used only for purpose for which raised; memorial building cannot be used for purely commercial purpose. 87-142.
CASE ANNOTATIONS
1. Taxpayer may enjoin leasing of memorial building to private corporation. Darby v. Otterman, 122 Kan. 603, 252 P. 903; Electric Theater Co. v. Darby, 123 Kan. 225, 254 P. 1035.
2. Trustees have no power to lease whole or part of military memorial. The State, ex rel., v. City of Independence, 123 Kan. 766, 256 P. 799.
3. Section cited in determining unusual historical interest of memorials. The State, ex rel., v. Kemp, 124 Kan. 716, 718, 261 P. 556. Affirmed: 278 U.S. 192, 49 S. Ct. 160, 73 L.Ed. 259.
4. Statute gives no implied authority to conduct moving-picture show for profit. State, ex rel., v. City of Hiawatha, 127 Kan. 183, 184, 272 P. 113.
5. Contract for moving pictures in memorial building void. Robley v. Smith, 134 Kan. 220, 221, 5 P.2d 1083.
6. Authority to lease memorial for commercial enterprise denied. Glen W. Dickinson Theaters v. Lambert, 136 Kan. 498, 16 P.2d 515.
7. Cited in holding code of procedure for municipal courts nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 335, 607 P.2d 459.