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WEAR v. KANSAS

No. 30.

245 U.S. 154 (1917)

38 S.Ct. 55

62 L.Ed. 214

WEAR, IMPLEADED SUB. NOM. WEAR SAND COMPANY, ET AL. v. STATE OF KANSAS EX REL. BREWSTER, ATTORNEY GENERAL.

Supreme Court of United States.

Decided November 26, 1917.

Attorney(s) appearing for the Case

Mr. Francis C. Downey, with whom Mr. Armwell L. Cooper and Mr. Denis J. Downey were on the brief, for plaintiffs in error.

Mr. J.L. Hunt, Assistant Attorney General of the State of Kansas, with whom Mr. S.M. Brewster, Attorney General of the State of Kansas, and Mr. J.P. Coleman and Mr. S.N. Hawkes, Assistant Attorneys General of the State of Kansas, were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a petition for mandamus to require the Treasurer of the State to transfer certain funds from a special account to the general revenue funds of the State, so that they can be used for paying the expenses of government. The money in question was collected under the State Laws of 1913, c. 259, requiring payment of ten per cent. of the market value on the river bank of sand taken by private persons or corporations...

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