Judicial Settlement of Controversies Between States of the American Union: An Analysis of Cases Decided in the Supreme Court of the United StatesScott, James Brown. Judicial Settlement of Controversies between States of the American Union: An Analysis of Cases Decided in the Supreme Court of the United States. Oxford: Clarendon Press, 1919. xiii, 548 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-066333. ISBN 1-58477-172-0. Cloth. $120. * This volume offers the texts of eighty Supreme Court decisions written between 1799 and 1918 concerning controversies between states, along with extensive analyses and commentaries. These are preceded by three general chapters that examine the rise of judicial procedure between the states, the ability of states to be sued by citizens of other states, and attempts by citizens of states to bring action against other states by methods of indirection. As indicated by the final chapter, "A Lesson For the World at Large," the author has a larger goal in mind. Deeply influenced by the devastation of the First World War, Scott [1866-1943], a participant in the Versailles Conference, aimed to demonstrate that the American legal system that maintains peace between the individual states could serve as a model for the rest of the world. |
Contents
RISE OF JUDICIAL PROCEDURE BETWEEN STATES OF THE AMERICAN | 1 |
REASONS | 13 |
PAGE | 61 |
ATTEMPTS BY CITIZENS OF STATES TO BRING ACTION AGAINST OTHER | 63 |
QUESTIONS OF JURISDICTION PROCEDURE Appearance of Defendant | 91 |
State of New Jersey v State of New York 3 Peters 461 1830 | 100 |
State of New Jersey v State of New York 5 Peters 284 1831 | 112 |
State of Rhode Island v State of Massachusetts 12 Peters 657 1838 | 118 |
State of Missouri v State of Iowa 165 U S 118 1897 | 332 |
State of Louisiana v State of Texas 176 U S 1 1900 | 334 |
State of Tennessee v State of Virginia 177 U S 501 1900 | 344 |
State of Missouri v State of Illinois 180 U S 208 1901 | 354 |
State of Kansas v State of Colorado 185 U S 125 1902 | 358 |
State of Tennessee v State of Virginia 190 U S 64 1903 | 366 |
United States v State of Michigan 190 U S 379 1903 | 368 |
State of South Dakota v State of North Carolina 192 U S 286 1904 | 376 |
State of Massachusetts v State of Rhode Island 12 Peters 755 1838 | 152 |
State of Rhode Island v State of Massachusetts 13 Peters 23 1839 | 158 |
State of Rhode Island v State of Massachusetts 15 Peters 233 1841 | 168 |
State of Rhode Island v State of Massachusetts 4 Howard 591 1846 | 178 |
JURISDICTION AFFIRMED INTERVENTION OF UNITED STATES IN SUITS | 184 |
CONTENTS xiii | 204 |
JURISDICTION LIMITED TO CONTROVERSIES IN WHICH States are ReAL PARTIES IN INTEREST UNITED STATES ITSELF PLAINTIFF A... | 220 |
State of Missouri v State of Kentucky 11 Wallace 395 1870 | 229 |
State of South Carolina v State of Georgia 93 U S 4 1876 | 233 |
State of New Hampshire v State of Louisiana 108 U S 76 1883 | 239 |
United States v State of Louisiana 123 U S 32 1887 | 241 |
United States v State of Louisiana 127 U S 182 1888 | 246 |
United States v State of North Carolina 136 U S 211 1890 | 253 |
State of Indiana v State of Kentucky 136 U S 479 1890 | 256 |
State of Nebraska v State of Iowa 143 U S 359 1891 | 263 |
United States v State of Texas 143 U S 621 1892 | 267 |
A GOVERNMENT OF LAWS AND NOT OF MEN | 270 |
State of Nebraska v State of Iowa 145 U S 519 1892 | 280 |
State of Iowa v State of Illinois 147 U S 1 1893 | 281 |
State of Indiana v United States 148 U S 148 1893 | 286 |
State of Virginia v State of Tennessee 148 U S 503 1893 | 289 |
State of Iowa v State of Illinois 151 U S 238 1894 | 300 |
State of Indiana v State of Kentucky 159 U S 275 1895 | 302 |
United States v State of New York 160 U S 598 1896 | 303 |
State of Missouri v State of Iowa 160 U S 688 1896 | 314 |
United States v State of Texas 162 U S 1 1896 | 316 |
State of Indiana v State of Kentucky 163 U S 270 1896 | 329 |
TEN CASES INVOLVING BOUNDARY RIPARIAN RIGHTS PUBLIC HEALTH AND OTHER DISPUTES 52 State of Missouri v State of Nebraska... | 390 |
State of Missouri v State of Nebraska 197 U S 577 1905 | 393 |
State of South Carolina v United States 199 U S 437 1905 | 395 |
State of Missouri v State of Illinois 200 U S 496 1906 | 405 |
State of Louisiana v State of Mississippi 202 U S 1 1906 | 411 |
State of Iowa v State of Illinois 202 U S 59 1906 | 425 |
State of Kansas v United States 204 U S 331 1907 | 427 |
State of Kansas v State of Colorado 206 U S 46 1907 | 431 |
ASSUMPTION OF JURISDICTION A MATTER OF COURSE SECOND PHASE OF POWER OF COURT TO ENFORCE ITS JUDGEMENT | 453 |
State of Virginia v State of West Virginia 206 U S 290 1907 | 454 |
State of Virginia v State of West Virginia 209 U S 514 1908 | 459 |
State of Washington v State of Oregon 211 U S 127 1908 | 462 |
State of Missouri v State of Kansas 213 U S 78 1908 | 465 |
State of Maryland v State of West Virginia 217 U S 1 1910 | 472 |
State of Virginia v State of West Virginia 220 U S 1 1911 | 486 |
State of Virginia v State of West Virginia 222 U S 17 1911 | 493 |
State of Maryland v State of West Virginia 225 U S 1 1912 | 494 |
State of Virginia v State of West Virginia 234 U S 117 1914 | 496 |
State of North Carolina v State of Tennessee 235 U S 1 1914 | 497 |
State of North Carolina v State of Tennessee 240 U S 652 1916 | 502 |
State of Virginia v State of West Virginia 241 U S 531 1916 | 512 |
State of Arkansas v State of Tennessee 246 U S 158 1918 | 513 |
State of Arkansas v State of Tennessee 247 U S 461 1918 | 518 |
A LESSON FOR THE WORLD AT LARGE | 536 |
545 | |
546 | |
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11 Wallace 11th amendment according act of Congress action admitted agreement alleged appear applied argument Articles of Confederation Attorney-General authority behalf bill boundary line canal channel charters Chief Justice Taney Chisholm citizens commissioners compact complainant consent considered Constitution controversy counsel counties Court of Claims Dallas decided decision declared decree defendant demurrer determined dispute effect equity Executive exercise fact filed foreign Georgia Governor grant Howard Ibid Illinois inasmuch Indiana individual interest Iowa judgement judicial power Justice Baldwin Justice Harlan Kentucky lands learned Justice legislature Louisiana Massachusetts 12 Peters matter ment Mississippi Missouri nations nature navigation North Carolina officers Ohio opinion original jurisdiction parties phase plaintiff plea pleadings political possession present principle proceed proceedings purpose quoted Red River Rhode Island rule says settled South sovereign sovereignty statute sued suit Supreme Court Tennessee territory Texas thereof tion treaty tribunal Union United West Virginia York