Kansas v. Colorado
Supreme Court of the United States
IN EQUITY. On May 20, 1901, pursuant to a resolution passed by the legislature of Kansas (Laws Kansas, 1901, chap. 425), and upon leave obtained, the State of Kansas filed its bill in equity in this court against the State of Colorado. To this bill the defendant demurred.
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IN EQUITY. On May 20, 1901, pursuant to a resolution passed by the legislature of Kansas (Laws Kansas, 1901, chap. 425), and upon leave obtained, the State of Kansas filed its bill in equity in this court against the State of Colorado. To this bill the defendant demurred. After argument on the demurrer this court held that the case ought not to be disposed of on the mere averments of-the bill, and, therefore, overruled the demurrer without prejudice to any question defendant might present. Leave was also given to answer. 185 U. S. 125. In delivering the opinion of the court the Chief Justice…
1Opinion of the CourtJustice Brewer
While we said in overruling the demurrer that “ this court, speaking broadly,' has jurisdiction,” we contemplated further consideration of both the fact and the extent of our jurisdiction, to be fully, determined after the facts' were presented. We therefore commence with this inquiry. And first of our jurisdiction of the controversy between Kansas and Colorado.
This suit' involves no question of boundary or of the limits of territorial jurisdiction. Other and incorporeal rights • are claimed by the respective litigants. Controversies between the States are becoming frequent, and in the…
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