U.S. Supreme Court ROE v. STATE OF KANSAS EX REL. SMITH, 278 U.S. 191 (1929)

[Page 278 U.S. 191, 193]

there were any doubt about this, the joint resolution and appropriation act relating to acquisition of the Shawnee Mission interpret the eminent domain statute, and show what the legislative intention was. The state historical society is to be custodian of the place. On taking it over, a qualified person is to make a survey and recommend measures for proper preservation and restoration of the Mission, and all things are to be done necessary to and consistent with use of the place by the state as a place of unusual historical interest.'

And further that the Shawnee Mission is a place invested with unusual historical interest, the use of which by the state is a public one.

Under the circumstances here revealed, the construction placed upon her statutes by the Supreme Court of Kansas is binding upon us. McCullough v. Virginia, 172 U.S. 102, 19 S. Ct. 134; Strickley v. Highland Boy Gold Mining Co., 200 U.S. 527, 530, 26 S. Ct. 301 (50 L. Ed. 581, 4 Ann. Cas. 1174); Union Lime Co. v. Chicago & N. W. R. Co., 233 U.S. 211, 221, 34 S. Ct. 522 (58 L. Ed. 924). In view of what was said in United States v. Gettysburg Electric R. Co., 160 U.S. 668, 680, 16 S. Ct. 427 (40 L. Ed. 576), there is no basis for doubting the power of the state to condemn places of unusual historical interest for the use and benefit of the public.

In John Slaker, Adm'r, v. Charles O'Connor et al. (No. 61) , 49 S. Ct. 158, 73 L. Ed. -, just decided, we have referred to the statutes and rule which give us authority to impose penalties and costs where causes are brought here upon frivolous appeals or writs of error. The alleged ground for the present writ is without substance, and the circumstances justify the imposition of a penalty upon the party at fault.

The writ of error will be dismissed, and a penalty of $200, payable to the defendants in error, together with all costs, will be taxed against the plaintiff in error.