Lewis v. Lewelling
Supreme Court of Kansas
Error from, Marion District Court. The plaintiffs filed their petition on July 15, 1893, against L. D. Lewelling, as commander in chief of the Kansas national guard, H. H. Artz, as adjutant general of the state, and S. A. Maginnis, as acting colonel of the second regiment of the Kansas national guard, alleging that they, the plaintiffs, were the officers and privates of company G of the second regiment, duly commissioned and enlisted as such; that their term of service, as…
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Error from, Marion District Court. The plaintiffs filed their petition on July 15, 1893, against L. D. Lewelling, as commander in chief of the Kansas national guard, H. H. Artz, as adjutant general of the state, and S. A. Maginnis, as acting colonel of the second regiment of the Kansas national guard, alleging that they, the plaintiffs, were the officers and privates of company G of the second regiment, duly commissioned and enlisted as such; that their term of service, as provided by the terms and conditions of their enlistment and by the laws of Kansas, is for the period of five years; that…
1Opinion of the Court
The opinion of the court was delivered by
HoetON, C. J.:
The question for our determinatiou in this case is, whether the governor of the state, as commander in chief of the national guard, comprising the active militia of the state, has the power to disband or muster out a company of the guard before the expiration of the term of its enlistment, except for insubordination, breach of discipline, insuffiiency of service, or other like cause. The constitution ordains that
“The governor shall be commander in chief, and shall have power to call out the militia to execute the laws, to suppress…
2Cases cited1 opinion
- People ex rel. Davidson v. PerryCalifornia Supreme Court · 1889
3Cited by7 opinions
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- White v. MearsOregon Supreme Court · 1904
- Lindley v. DavisSupreme Court of Kansas · 1925
- State ex rel. Wilson v. Bismarck Drainage District No. 1Supreme Court of Kansas · 1918
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