Kansas v. Colorado (206 U.S. 46)

On May 20, 1901, pursuant to a resolution passed by the legislature of Kansas (Kan. Laws 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, 46 L. ed. 838, 22 Sup. Ct. Rep. 552. In delivering the opinion of the court the Chief justice disclosed in the following words the general character of the controversy, and the conclusions arrived at (p. 145, L. ed. p. 846, Sup. Ct. Rep. p. 559):