Legal Opinion · Dissent
Herken v. Glynn
Supreme Court of Kansas
Decided May 4, 1940No. 34,666Published
1DissentHarvey, J.
The judgment of the trial court is based solely on its conclusion of law, restated in varied forms, that the land constituting the soldiers' home “was not a part of the state of Kansas” when the election in question was held. With this conclusion of -law we cannot agree. The boundaries of the state of Kansas, set out in the preamble of our constitution, were fixed by the act of congress which admitted the state of Kansas into the Union (12 Stat. 126, G. S. 1935, p. LXXVIII). Section 1 of the act-reads :
“That the state of Kansas shall be, and is hereby declared to be, one of-the United States…
2Cases cited45 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Kohl v. United StatesSupreme Court of the United States · 1876
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- James Stewart & Co. v. SadrakulaSupreme Court of the United States · 1940
- Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
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