Oliver Wendell Holmes, Jr.

“ The court of chancery appeals states the violations of the state Constitution set up in the bill, summarizes the questions presented by the bill and demurrer, and then addresses itself to answering those questions, suggesting no others, and saying nothing about the Constitution of the United States. After a statement of historical facts, it says that if the act authorizing the lease is constitutional, and the subject-matter of the act was under the control of the state, the case is at an end. If Carrick Academy is a public corporation, the state is assumed to have control. ”

“ This is a bill to set aside a lease made by former trustees of Carrick Academy to the trustees of the Winchester Normal College, in pursuance of an act of the general assembly of Tennessee, authorizing the letting of the academy property to said lessees. The bill alleged that the act was contrary to the Constitution of the state for various reasons, but said nothing of the Constitution of the United States, and in no way implied a reliance upon any of its terms. ”