KIES V. LOWREY, 199 U. S. 233 (1905)

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U.S. Supreme Court

Kies v. Lowrey, 199 U.S. 233 (1905)

Kies v. Lowrey

No. 21

Argued October 23-24, 1905

Decided November 13, 1905

199 U.S. 233


It is the power and duty of this Court to determine for itself the existence or nonexistence of the contract the obligation whereof is claimed to have been impaired, and a federal question may be involved although the state court may have rested its decision on the construction of the constitution and laws of the state.

Where the legislature of the state has the power to create and alter school districts and divide and apportion the property thereof, no contract arises in favor of any district created by an act the obligation whereof is later impaired by a subsequent act altering the districts and transferring property, nor does such later act amount to the taking of the property of the district taken without due process of law.

There are many ways in which the legislature has absolute power to make and change subordinate municipalities. Laramie County v. Albany County, 92 U. S. 307.

The facts are stated in the opinion.

Page 199 U. S. 237

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