Response or Comment
The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges of the Supreme Court of Kansas have taken an active interest in advocating this reform, it is fair to assume that the act is likely to escape the constitutional guillotine. The English judges have for two generations or more been the chief proponents of English procedural reform, and nothing would be more universally welcomed in this country than the generous participation and leadership of our high judges in the efforts of the public to make the administration of justice more responsive to social needs.
Sunderland, Edson R. "Declaratory Judgments." Mich. L. Rev. 19 (1921): 537-9.