Oliver Wendell Holmes, Jr., Kener v. La Grange Mills — Opinion of the Court
“ Cas. No. 3,728; Re Rahrer, 140 U.S. 545, 560, 36 L. ed. 572, 576, 11 Sup. Ct. Rep. 865. In Re Shipman, 2 Hughes, 227, Fed. Cas. No. 12,791, it seems to have been supposed that the act of 1873, wrongly called of 1874, was passed to meet Gunn v. Barry, in the teeth of the declaration that such an attempt would be invalid. But that was a mistake.Of course, if the Constitution of 1868, and statutes based upon it, should be construed as not attempting to disturb thenexisting liens, the act of Congress hardly would be read as purporting to give a greater scope to the state laws. ”
