state missouri state illinois argued decided april ordered oral argument may argued november january state missouri filed bill complaint state illinois sanitary district chicago corporation latter state following terms complainant state missouri one brings bill complaint state illinois one sanitary district chicago public corporation organized laws state illinois located part city chicago county cook said state illinois citizen state illinois orator complains says state containing population upwards three millions people lying west bank mississippi river public navigable running stream frontage said stream miles orator shows act congress providing organization admission illinois missouri union declared western boundary illinois eastern boundary missouri middle main channel mississippi river shores mississippi river waters form missouri illinois boundary soil waters thereof granted constitution reserved illinois missouri respectively orator shows missouri illinois concurrent general jurisdiction waters mississippi river forming boundary said exclusive territorial jurisdiction portion adjacent shore orator shows illinois river empties mississippi river point city louis illinois side said mississippi river orator shows within territory orator banks shores said mississippi river mouth illinois river many cities towns state missouri many thousands persons compelled rely upon waters said river regular natural accustomed flow daily necessary supply water drinking domestic agricultural manufacturing purposes watering stock animals kinds said mississippi river flowing regular course used purposes aforesaid inhabitants said state missouri time whereof memory man runneth contrary said river waters use thereof drinking agricultural manufacturing purposes accustomed natural flow indispensable life health business many thousands inhabitants state missouri great value orator state orator shows cities towns mouth said illinois river within territory orator compelled means waterworks water towers intakes built constructed purpose supply inhabitants said cities towns adequate supply pure wholesome water fit healthful drinking domestic purposes uses said mississippi river flowing ancient accustomed natural course orator shows said waterworks systems constructed reference said mississippi river purpose taking water therefrom source orator shows heretofore wit state illinois enacted law known sanitary district act together act improvement illinois des plaines rivers said act said state said corporation known said sanitary district chicago organized existing operating express terms said act canal drain corporation organized accordance provisions may conditions restrictions additional requirements placed said corporation act authorizing creation said corporation may amended repealed express provisions said act water sewage shall admitted channel constructed said act trustees said channel shall notify governor illinois completion said channel governor illinois shall appoint three commissioners examine said canal channel report governor complies act state illinois governor shall authorize water sewage turned said channel without said permit turned general provisions said act said channel times subject control supervision state illinois authorities orator shows chicago river situated basin lake michigan two forks branches flowing city chicago lake michigan natural drainage chicago illinois lake michigan sewage drainage territory embraced defendant district sanitary district chicago led flows chicago river lake michigan orator shows defendant herein sanitary district chicago authority state illinois acting governmental agency said state supervision control subject approval state illinois constructed channel open drain west fork south branch chicago river city chicago county cook state illinois point near lockport county said state said channel drain connects empties des plaines river empties illinois river latter river flows empties mississippi river point distant miles city louis missouri orator channel built sanitary district chicago built said sanitary district one governmental agencies state illinois pretended lawful authority said state direction supervision control governmental power state illinois said state heretofore times sanctioned governor officers sanctions building said channel opening thereof orator shows construction said channel drain defendant sanitary district chicago illinois sanction approval state illinois cut natural bridge watershed divides basin lake michigan basins des plaines illinois rivers basin mississippi river constructed said channel completed supervision sanction state illinois extended said artificial channel said natural divide watershed defendants propose threaten receive said channel drain sewage matter filth sanitary district chicago embraces nearly whole city chicago portion county cook without legal authority already part effectuated said threat purpose threatens permit cause said sewage filth artificial means pumping otherwise flow channel drain towards said des plaines river eventually mississippi river thereby approval subject inspection control supervision state illinois pretended authority thereof reversing natural flow said chicago river orator shows sewage matter poisonous filth thus threatened receive permit cause flow said artificial channel said des plaines river created population upwards one one half millions people besides created great number stock yards slaughtering establishments rendering establishments distilleries business enterprises industries lining sides chicago river producing filth noxious matters discharged said chicago river drained therein surface orator shows many years past said city chicago greater portion embraced limits defendant corporation sanitary district chicago aforesaid discharging sewage matter filth chicago river lake michigan large quantities much accumulated bed along sides river upon bed said lake michigan near shores thereof plan threatened attempted adopted defendant sanitary district chicago acting conjunction subject control defendant state illinois pretended authority said state illinois loosen said accumulated matter filth also direct cause flow towards said artificial channel drain thence said des plaines river finally mississippi river waters thereof within jurisdiction control orator past homes inhabitants orator towns cities within borders orator past waterworks said cities towns within state missouri orator shows amount said undefecated filth sewage poisonous unhealthful noxious matters proposed permitted turned said artificial channel said des plaines illinois rivers mississippi river said sanitary district chicago defendants acting jointly amount daily tons defendants permitted carry said threats execution cause said amount undefecated sewage poisonous noxious matters otherwise flow lake michigan flow mississippi river waters mississippi river within jurisdiction orator certainty poisoned polluted rendered wholly unfit unhealthful drinking domestic uses render wholly valueless entirely worthless various waterworks system towns cities borders state missouri established acquired great cost expense deprive orator state missouri inhabitants right use waters said river drinking domestic manufacturing agricultural purposes said water used accustomed natural flow heretofore length time memory man runneth contrary thereof said threatened action defendants amount direct continuing nuisance interference use orator inhabitants waters mississippi river flowing natural state polluting poisoning means aforesaid whereby health lives inhabitants orator endangered business interests said state greatly irreparably injured said damage lives health business interests said state resulting said poisoning polluting said waters aforesaid orator estimated money value orator information belief charges fact said tons poisonous undefecated filth sewage said sanitary district chicago daily carried said artificial channel sent des plaines illinois rivers mississippi great quantities thereof deposited bed soil said river belonging orator wholly within jurisdiction thereof orator great irreparable damage tons undefecated sewage filth daily injected waters mississippi river portion thereof state missouri jurisdiction thousands inhabitants obtain drinking water pollute poison said water mississippi river extent render unwholesome unfit unhealthful use drinking said inhabitants territory orator unfit use watering stock manufacturing purposes orator shows great quantities undefecated sewage turned mississippi river manner means aforesaid poison pollute said water germs disease various many kinds orator shows acts herein complained part state illinois acting conjunction one governmental agencies said sanitary district chicago cause continuing nuisance mississippi river said state illinois power authority cause permit assist causing commission continuance nuisance flowing waters mississippi river navigable stream detriment irreparable continuing damage injury state missouri continuing irreparable injury lives health citizens inhabitants state missouri unless restrained order decree defendants state illinois sanitary district chicago acting together accordance terms act said sanitary district organized upon permit authority governor illinois state illinois turn said water sewage aforesaid manner means aforesaid des plaines illinois rivers thence mississippi orator says avers contrary equity good conscience result manifest irreparable injury orator health citizens premises orator wholly without remedy law without adequate remedy prevent flowing said sewage aforesaid save interposition orator adequate relief except end therefore defendants may show orator relief prayed end defendants may make full true direct perfect answer matters hereinbefore stated charged oath answer oath hereby expressly waived end defendants officers agents servants employees may restrained injunction issuing receiving permitting sewage received discharged said artificial channel drain permitting flow causing made flow said channel drain towards des plaines river orator prays honors may grant writ injunction seal honorable properly restraining enjoining defendants officers agents employees servants sanitary district chicago state illinois permitting causing said sewage discharged said channel drain permitting causing said sewage poisonous filth thence flow said des plaines river defendant state illinois enjoined restrained issuing codefendant permission authority perform acts aforesaid allow done orator also prays provisional temporary injunction pending cause restraining enjoining several acts aforesaid relief equity case may require honors may seem meet please honors grant unto orator writ injunction conformable prayer bill also writ subpoena america directed state illinois governor attorney general thereof said sanitary district chicago officers trustees agents commanding day certain appear answer unto bill complaint abide order decree premises shall seem proper required principles equity good conscience march came defendants filed demurrer bill complaint following terms come state illinois attorney general edwin akin sanitary district chicago attorneys demur bill complaint filed herein say said bill complaint matters therein contained manner form stated set forth sufficient law said state missouri maintain aforesaid action said state illinois sanitary district chicago said defendants bound law land answer said defendants according form statute case made provided state show following causes demurrer said bill complaint jurisdiction either parties suit appears upon face said bill complaint matters complained set forth therein constitute within meaning constitution controversy state missouri state illinois citizens matters alleged set forth said bill complaint show issues presented therein arise state illinois public corporation created laws said state certain cities towns corporate capacity state missouri certain persons said state missouri residing near banks mississippi river matters stated said bill complaint true concern state missouri corporate body state said bill complaint shows upon face suit fact behalf certain cities towns said state missouri situate banks mississippi river certain persons reside said state near banks said river although said suit attempted prosecuted name state missouri said state effect loaning name said cities towns said individuals nominal party said suit real parties interest said cities towns corporate capacity said private persons citizens said state appears upon face said bill complaint said state missouri right sovereignty seeking maintain suit redress supposed wrongs certain cities towns said state corporate capacity certain private citizens said state constitution laws enacted thereunder said state possesses sovereignty empowers bring original suit purpose appears upon face said bill complaint property rights state missouri manner affected matters alleged said bill complaint property right involved suit give original jurisdiction cause order authorize maintain original jurisdiction suit state illinois citizens said state must appear controversy set forth bill complaint determined controversy arising directly state missouri state illinois citizens controversy vindication alleged grievances certain cities towns said state particular individuals residing therein said bill complaint respects uncertain informal insufficient state facts sufficient entitle said state missouri equitable relief prayed said bill complaint want sufficient bill complaint behalf said defendants pray judgment said state missouri may barred maintaining aforesaid action said defendants take cognizance cause said defendants hence dismissed costs november case came schnurmacher crow complainant charles gilbert wm springer akin samuel burdett defendants justice shiras delivered opinion cause us bill complaint demurrer thereto questions thus presented two first whether allegations bill disclose case controversy state missouri state illinois citizen thereof within meaning constitution statutes create define original jurisdiction second whether held allegations bill present controversy sufficient entitle state missouri equitable relief prayed question whether acts one state seeking promote health prosperity inhabitants system public works endangers health prosperity inhabitants another adjacent state create sufficient basis controversy sense constitution readily answered affirmative regard language instrument judicial power shall vested one inferior courts congress may time time ordain establish judicial power shall extend cases law equity arising constitution laws treaties made shall made authority controversies two state citizens another state cases state shall party shall original jurisdiction const art definition description contained constitution kind nature controversies might arise provisions might supposed cases wherein one state institute legal proceedings another original jurisdiction attach instances called upon construe apply provision constitution must look merely language historical origin decisions meaning scope operation received deliberate consideration declaration independence colonies delegates appointed colonies considered articles confederation debated day day time time two years july ratified ten new jersey november year delaware february maryland march article follows style confederacy shall america article contained among provisions following congress assembled shall also last resort appeal disputes differences subsisting hereafter may arise two concerning boundary jurisdiction cause whatever authority shall always exercised manner following whenever legislative executive authority lawful agent state controversy another shall present petition congress stating matter question praying hearing notice thereof shall given order congress legislative executive authority state controversy day assigned appearance parties lawful agents shall directed appoint joint consent commissioners judges constitute hearing determining matter question agree congress shall name three persons list persons party shall alternately strike one petitioners beginning number shall reduced thirteen number less seven nine names congress shall direct shall presence congress drawn lot persons whose names shall drawn five shall commissioners judges hear finally determine controversy always major part judges shall hear cause shall agree determination either party shall neglect attend day appointed without showing reasons congress shall judge sufficient present shall refuse strike congress shall proceed nominate three persons state secretary congress shall strike behalf party absent refusing judgment sentence appointed manner prescribed shall final conclusive parties shall refuse submit authority appear defend claim cause shall nevertheless proceed pronounce sentence judgment shall like manner final decisive judgment sentence proceedings either case transmitted congress lodged among acts congress security parties concerned provided every commissioner sits judgment shall take oath administered one judges superior state cause shall tried truly hear determine matter question according best judgment without favor affection hope reward provided also state shall deprived territory benefit therefore perceived confederation necessity tribunal hear determine matters question two recognized provided purpose scope field within expected matters question controversies might arise determination extended disputes differences subsisting hereafter may arise two concerning boundary jurisdiction cause whatever federal convention met form present constitution several drafts instrument presented consideration convention one offered may edmund randolph virginia shape resolutions covering entire subject national government resolution prescribed formation national judiciary consist inferior tribunals jurisdiction hear determine among things involve internal peace harmony elliot debates day charles pinckney south carolina submitted draft federal government article whereof follows senate shall sole exclusive power declare war make treaties appoint ambassadors ministers foreign nations judges shall exclusive power regulate manner deciding disputes controversies subsisting may arise respecting jurisdiction territory elliot debates june committee whole referred several propositions drafts reported convention consideration draft altered amended agreed committee resolution follows jurisdiction national judiciary shall extend cases respect collection national revenue impeachment national officers questions involve national peace harmony elliot debates august committee five members various propositions originally made amended committee whole reported convention draft constitution article follows senate shall power make treaties appoint ambassadors judges disputes controversies subsisting may hereafter subsist two respecting jurisdiction territory senate shall possess following powers etc follows scheme special terms similar provided articles confederation controversies concerning lands claimed different grants two whose jurisdiction respect lands shall decided adjusted subsequent grants shall application senate finally determined near may manner prescribed deciding controversies different article contained among sections following judicial power shall vested one inferior courts shall necessary time time constituted legislature jurisdiction shall extend cases arising laws passed legislature cases affecting ambassadors public ministers consuls trial impeachment officers cases admiralty maritime jurisdiction controversies two except shall regard territory jurisdiction state citizens another state citizens different state citizens thereof foreign citizens subjects elliot debates may observed passing draft disputes controversies two respecting jurisdiction territory determined special constituted senate controversies two except shall regard territory jurisdiction determinable therefore apparent disputes controversies regarded provided besides respecting territory jurisdiction draft together numerous suggestions amendments august submitted committee whole september committee revision reported draft constitution revised arranged draft respects present subject terms constitution finally adopted took senate power constitute try disputes respecting territory jurisdiction struck provision excluding jurisdiction disputes matters respecting jurisdiction territory entire jurisdiction controversies bestowed upon section article following terms judicial power shall extend cases law equity arising constitution laws treaties made shall made authority cases affecting ambassadors public ministers consuls cases admiralty maritime jurisdiction controversies shall party controversies two state citizens another state citizens different citizens state claiming lands grants different state citizens thereof foreign citizens subjects cases affecting ambassadors public ministers consuls state shall party shall original jurisdiction cases mentioned shall appellate jurisdiction law fact exceptions regulations congress shall make section power conferred congress make regulations affecting exercise jurisdiction may place quote provisions respect judiciary act shall exclusive jurisdiction controversies civil nature state party except state citizens state citizens aliens latter cases shall original exclusive jurisdiction rev stat case new york connecticut dall ed first instance exercise jurisdiction controversy two case bill equity filed state new york state connecticut certain private persons grantees latter state lands jurisdiction claimed object bill obtain injunction stay proceedings ejectment pending circuit district connecticut opinion state new york party suits interested decisions suits injunction issue argument made jurisdiction proceeded assumption possessed jurisdiction although facts case refused injunction prayed new jersey new york pet ed case bill filed state new jersey state new york purpose ascertaining settling boundary two opinion awarding process subpoena chief justice marshall said constitution declares judicial power shall extend controversies two also declares cases affecting ambassadors public ministers consuls state shall party shall original jurisdiction settled predecessors great deliberation may exercise original jurisdiction suits state authority conferred constitution existing acts congress march state rhode island filed bill state massachusetts settlement boundary two moved subpoena issued according practice similar cases appearance entered massachusetts motion made dismiss bill want jurisdiction support motion contended jurisdiction character respondent independent nature suit nature suit independent character respondent denied massachusetts agreed adopting federal constitution submit controversies judicial decision claimed congress passed law establishing mode proceeding character judgment rendered means enforcing respects nature suit argued character political brought sovereign avowed character judicial power extended constitution cases law equity questions jurisdiction territory cases kind civil nature held jurisdiction conferred constitution judiciary act massachusetts appeared submitted process pleaded bar plaintiff action certain matters judgment asked doubts jurisdiction parties rest respected power hear determine matters suit held jurisdiction existed dispute controversy two within judicial power pet ed pet ed leaving case remarked principal contest whether question boundary involving question sovereignty territory judicial question civil nature implication controversies two jurisdiction granted constitution include questions political character later cases contention opposite intention constitution apply questions sovereign political powers respective controversy florida georgia ed leave given state florida file bill state georgia process subpoena directed issued state georgia object bill ascertain establish boundary two controversy state georgia answered cause proceeded pursuance prayers bill subsequently application made attorney general alleging latter interested concerned matter controversy moving permitted appear case heard behalf time form order motion opposed matter argued length judges differed neither opinion majority granting motion attorney general dissenting minority doubt expressed existence jurisdiction controversy two pennsylvania wheeling bridge ed idem idem ed idem idem idem idem ed case equity state pennsylvania filed bill wheeling belmont bridge company corporation virginia certain contractors charging defendants color act legislature virginia engaged construction bridge across ohio river wheeling alleged obstruct navigation ports pennsylvania steamboats crafts navigated many different questions discussed counsel considered respecting nature extent jurisdiction right complainant state whether law equity character decree rendered several observations made opinion hereafter adverted come consider second ground demurrer urged case us sufficient present purpose say original jurisdiction sustained commissioner appointed take report proofs decree entered declaring bridge obstruction free navigation river thereby special damage occasioned plaintiff adequate remedy law directing obstruction removed either elevating bridge height designated abatement south carolina georgia ed suit equity brought whereby state south carolina sought injunction restrain state georgia secretary war chief engineer army agents subordinates obstructing navigation savannah river violation alleged compact subsisting south carolina georgia entered april denying assuming jurisdiction case held adopting federal constitution thereby delegating general government right regulate commerce foreign nations among several compact two respect savannah river ceased operate acts complained done pursuance congressional authority designed improve navigation deemed illegal obstruction accordingly special injunction previously granted dissolved bill dismissed wisconsin duluth ed case bill chancery filed state wisconsin virtue constitutional provision confers original jurisdiction suits state citizens city duluth corporation citizen state minnesota defendant answer replication taking large amount evidence case came final decree nature case reasoning upon proceeded disposing sufficiently appear following quotations opinion delivered justice miller present suit brought state wisconsin ground channel louis river flowed state nature common boundary state state minnesota interest continuance channel important highway navigation commerce natural usual course canal cut duluth across minnesota point deeper natural outlet louis river mouth diverted continue divert current river superior bay lake way canal result current cuts canal deeper gives outlet water lower level time diverting current old outlet causes fill thus destroys usefulness river bay aid commerce state right rely bill reciting facts already detailed insists city duluth right authority conferred state minnesota thus divert waters louis natural course prejudice rights state wisconsin citizens declares canal duluth violation law prays enjoin duluth protecting maintaining way mandatory injunction compel city fill canal restore things regard condition nature canal made answer admitting construction canal denies almost every material allegation bill denies especially canal effect changing course current river injury southern entrance superior bay diminishes flow water point large amount testimony professional nonprofessional presented subject answer also sets affirmative defense relief sought bill legislative executive departments government approved construction canal taken possession control work appropriated spent money adopted best mode making safe accessible harbor western end great system lake navigation interesting questions argued ably argued counsel found necessary decide counsel defense deny state wisconsin legal interest flow waters natural course authorizes maintain suit diversion argued take cognizance question concerns alone rights state political sovereign character sustain suit must proprietary interest affected defendant question raised discussed almost every case brought us state virtue original jurisdiction find necessary make decision point applicable case us shall address consideration mass conflicting evidence effect canal flow waters superior bay first consider affirmative defense already mentioned found true point fact preclude action plaintiff prayed proceeded inquire action general government matter canal question found matter fact taken possession control canal public work opinion concluded follows congress exercise lawful authority adopted carrying system harbor improvements duluth lawful authority forbid work body sees fit provide way great commerce lakes countries west even asia shall securely accommodated harbor duluth short canal feet decree must forever pursue old channel natural outlet water shallow large vessels unsafe small ones longer much tedious route congress appropriates improve protect secure canal power require filled obstructed engineering officers government authority congress make canal useful commerce keep good condition owe duty state requires order city duluth destroy views show conclusively state wisconsin entitled relief asked bill must therefore dismissed costs therefore decline jurisdiction exercised inquiring facts put issue bill answer dismissing bill want equity virginia west virginia wall ed bill filed settle boundaries two demurrer bill delivering opinion justice miller said first proposition counsel insist support demurrer jurisdiction case involves consideration questions purely political say main question decided conflicting claims two exercise political jurisdiction sovereignty territory inhabitants two counties subject dispute proposition sustained without reversing settled course decision overturning principles several cases decided citing rhode island massachusetts pet ed missouri iowa ed florida georgia ed alabama georgia ed conclusion thus expressed consider therefore established doctrine jurisdiction questions boundary two union jurisdiction defeated deciding question becomes necessary examine construe compacts agreements decree may render affects territorial limits political jurisdiction sovereignty parties proceeding new hampshire louisiana new york louisiana ed sup found view amendment constitution declaring judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state matter fact pleadings testimony suits commenced prosecuted solely owners bonds coupons collect object suits accordingly held evident purpose amendment promptly proposed finally adopted prohibit suits state citizens aliens without consent state sued opinion one state create controversy another state within meaning term used judicial clauses constitution assuming prosecution debts owing state citizens case satisfied prohibited letter spirit constitution entertaining suits bill case dismissed wisconsin pelican ins ed sup nature case question involved thus stated justice gray delivering opinion action brought upon judgment recovered state wisconsin one courts pelican insurance company louisiana corporation penalties imposed statute wisconsin making returns insurance commissioner state required statute leading question argued bar whether action within original jurisdiction ground jurisdiction invoked nature cause character parties plaintiff one union defendant corporation another citing considering cases justice expressed following conclusions rule courts country execute penal laws another applies prosecutions sentences crimes misdemeanors suits favor state recovery pecuniary penalties violation statutes protection revenue municipal laws judgments penalties first organization courts nearly century ago always assumed original jurisdiction controversies state citizens another state foreign country extend suit state recover penalties breach municipal law statute wisconsin state recovered one courts judgment sued strictest sense penal statute imposing penalty upon insurance company another state business state wisconsin without deposited proper officer state full statement property business previous year cause action private injury solely offense committed state violating law therefore entertain original action compel defendant pay state wisconsin sum money satisfaction judgment fine consequently judgment entered defendant demurrer interposed declaration hans louisiana ed sup action brought circuit eastern district louisiana state louisiana hans citizen state recover amount certain coupons annexed bonds state circuit motion attorney general state dismissed case want jurisdiction affirmed judgment circuit held judicial power extend case suit brought state one citizens course opinion delivered justice bradley following observations made truth cognizance suits actions unknown law forbidden law contemplated constitution establishing judicial power things undoubtedly made justiciable known common law example controversies boundary lines questions admitting judicial solution yet case penn baltimore ves shows unusual subjects litigation unknown courts even colonial times several cases general character arose articles confederation brought tribunal provided purpose articles appx establishment new branch jurisdiction seemed necessary extinguishment diplomatic relations controversies state another state citizens settled principles public law subjects judicial cognizance often declined take jurisdiction see wisconsin pelican ins ed sup cases cited last case occasion examine louisiana texas ed sup case brought us bill equity filed state louisiana state texas governor health officer bill alleged state texas granted governor health officer extensive powers establishment maintenance quarantines infectious contagious diseases power exercised way purpose build benefit commerce cities texas business rivals city new orleans prayed decree neither state texas governor health officer right cover exercise police quarantine powers declare enforce embargo interstate commerce state louisiana part thereof state texas right make discriminative rules affecting state louisiana part thereof different burdensome quarantine rules regulations applied countries bill asked injunction restraining texas officisls enforcing texas laws manner enforced bill demurrer filed assigning following causes jurisdiction either parties suit appears face said bill matters complained constitute within meaning constitution controversy louisiana texas second allegations said bill show issues presented said bill arise state texas officers certain persons city new orleans state louisiana engaged interstate commerce manner concern state louisiana corporate body state third said bill shows upon face suit reality behalf certain individuals engaged interstate commerce suit attempted prosecuted name state louisiana said state effect loaning name said individuals nominal party real parties interest said individuals said city new orleans engaged interstate commerce fourth appears face said bill state louisiana right sovereignty seeking maintain suit redress supposed wrongs citizens regard interstate commerce constitution laws said state possesses sovereignty empowers bring original suit purpose fifth appears face said bill property right state louisiana manner affected quarantine complained property right involved suit give original jurisdiction cause opinion delivered chief justice fuller consideration cases hereinbefore mentioned others said order maintain jurisdiction bill complaint state texas must appear controversy determined controversy arising directly state louisiana state texas controversy vindication grievances particular individuals constitution forbidden treaty alliance confederation grant letters marque reprisal without consent congress troops ships war time peace enter agreement compact another state foreign power engage war unless actually invaded imminent danger admit delay arising public relations intercourse settled either war diplomacy though consent congress may composed agreement absence agreement may controversy might arise two determination original jurisdiction invoked must direct issue must susceptible judicial solution difficult conceive direct issue two respect matter effort accommodation made conceded within judicial function inquire motives state legislature passing law chief magistrate state enforcing exercise discretion judgment public policy forbids imputation authorized official action legitimate motives debs ed sup involving case circuit sought relief injunction observed province government interfere mere matter private controversy individuals use great powers enforce rights one another yet whenever wrongs complained affect public large respect matters constitution entrusted care nation concerning nation owes duty citizens securing common rights mere fact government pecuniary interest controversy sufficient exclude courts prevent taking measures therein fully discharge constitutional duties aspect bill us framed gravamen special peculiar injury sustain action private person state louisiana presents attitude parens patrioe trustee guardian representative citizens point view state texas intentionally absolutely interdicting interstate commerce respects state louisiana means unnecessary unreasonable quarantine regulations inasmuch vindication freedom interstate commerce committed state louisiana state engaged commerce cause action must regarded involving infringement powers state louisiana special injury property asserting state entitled seek relief way matters complained affect citizens large nevertheless case stated one presenting controversy exercise original jurisdiction state texas maintained quoting provisions statute state texas regulating subject quarantine chief justice proceeded say charged statute invalid tested terms true power vested congress regulate commerce among power complete acknowledging limitations prescribed constitution action exercise reserved powers comes collision latter must give way yet also true quarantine laws belong class state legislation valid displaced congress legislation expressly recognized laws almost beginning government complaint however laws texas respect quarantine invalid health officer rules regulations framed put force thereunder places embargo fact interstate commerce state louisiana state texas governor permits rules regulations stand enforced although power modify change bill rested merely ground imposition embargo without regard motive charges rules regulations stringent called particular exigency purposely framed view benefit state texas city galveston particular expense state louisiana especially city new orleans order controversy justiciable held exist something must put forward citizens one state injured maladministration laws another make war enter treaties though may consent congress make compacts agreements agreement whose breach might create controversy arise unless action complained state action acts state officers abuse excess powers laid hold committing one state distinct collision sister state judgment bill set facts show state texas authorized confirmed alleged action health officer make necessarily follows two controversy within meaning constitution unable hold bill may maintained presenting case controversy state citizens another state jurisdiction controversies sort embrace determination political questions controversy exists restrain governor state discharge executive functions matter lawfully confided discretion judgment accept suggestion bill maintained health officer alone theory conduct violation excess valid law state remedy clearly lie state authorities refusal fulfil duty regard set truth difficult see record controversy state louisiana individual defendants without involving controversy controversy said presented accordingly demurrer sustained bill dismissed language constitution cases language considered principles may derived nature extent original jurisdiction controversies two language alone considered might concluded whenever cases one state may choose make complaint another matter whether subject complaint arises legislation defendant state acts officers agents matter whether nature injury complained affect property rights sovereign powers complaining state affect rights citizens jurisdiction attach chief justice marshall case cohen virginia wheat ed said constitution gives original jurisdiction certain enumerated cases gives appellate jurisdiction others among jurisdiction must exercised appellate form cases arising constitution laws provisions constitution equally obligatory equally respected state party jurisdiction original case arise constitution law jurisdiction appellate case state party may arise constitution law rule applicable case becomes duty certainly think construe constitution give effect provisions far possible reconcile permit seeming repugnancy destroy must endeavor construe preserve true intent meaning instrument one description cases jurisdiction founded entirely character parties nature controversy contemplated constitution character parties everything nature case nothing description cases jurisdiction founded entirely character case parties contemplated constitution nature case everything character parties nothing constitution declares jurisdiction cases state shall party original cases arsing constitution law appellate conclusion seems irresistible framers designed include first class cases jurisdiction given state party include second jurisdiction given case arises constitution law must conceded upon consideration cases arising different facts general language used cohen virginia extent modified thus cases new hampshire louisiana new york louisiana ed sup jurisdiction denied cause action belonged private persons endeavoring use name one state enforce rights action another though perhaps may said jurisdiction really entertained bills dismissed found pleadings testimony complainant interest kind proceedings wisconsin pelican ins ed sup held notwithstanding action brought state citizens another state thus within letter constitution yet right inquire nature case found object suit enforce penal laws one state citizen another refuse exercise jurisdiction case louisiana texas ed sup bill dismissed controversy two actually presented complained action state texas alleged unauthorized conduct health officer acting malevolent purpose city new orleans may observed decline jurisdiction exercised holding facts alleged bill justify granting relief prayed cases cited show jurisdiction exercised cases involving boundaries jurisdiction lands inhabitants cases directly affecting property rights interests state cases manifestly cover entire field controversies may arise constitution provided remedy objectionable indeed impossible anticipate definition controversies brought within original jurisdiction inspection bill discloses nature injury complained adequate remedy found suit state missouri true question boundary involved direct property rights belonging complainant state must surely conceded health comfort inhabitants state threatened state proper party represent defend missouri independent sovereign state must admit seek remedy negotiation failing force diplomatic powers right make war surrendered general government expected upon latter devolved duty providing remedy remedy think found constitutional provisions considering allegations bill plainly present case health comfort large communities inhabiting parts state situated mississippi river alone concerned contagious typhoidal diseases introduced river communities may spread throughout territory state moreover substantial impairment health prosperity towns cities state situated mississippi river including commercial metropolis injuriously affect entire state suits brought individuals personal injuries threatened received wholly inadequate disproportionate remedies requires argument contended support demurrer even state missouri proper party file bill yet proper defendant sanitary district chicago solely state illinois made party demurrer sustained scarcely supposed view express provisions constitution cited cases claimed state illinois exempt suit sovereign state consented sued contention rather seems matters complained bill proceed continue proceed acts sanitary district chicago corporation state illinois therefore follows state interested question improperly made party unable see force suggestion bill allege sanitary district acting without excess lawful authority averment conceded facts corporation agency state things according theory complainant case result mischief apprehended state action results complained thus distinguishing case louisiana texas acts sought restrained alleged officers functionaries proceeding wrongful malevolent misapplication quarantine laws texas sanitary district chicago private corporation formed purposes private gain public corporation whose existence orerations wholly within control state object bill subject public work judicial supervision upon allegation method construction maintenance create continuing nuisance dangerous health neighboring state inhabitants surely case state illinois right appear traverse allegations bill right might properly made party defendant contended even original jurisdiction even respective properly made parties yet case made bill entitle state missouri equitable relief prayed proposition sought maintained several considerations first place urged drawing artificial means sewage city chicago mississippi river may may become nuisance inhabitants cities towns missouri injuries apprehended merely eventual contingent may fact never inflicted gravely contended preventive remedies way injunction otherwise injuries inflicted experienced appear natural result acts defendant admits avows intention commit bill charges acts defendants restained result transportation artificial means unnatural channel large quantities undefecated sewage daily accumulated deposits harbor chicago bed illinois river poison water supply inhabitants missouri injuriously affect portion bed soil mississippi river lies within territory state facts admitted demurrer true feel necessary enter large discussion part defendants contention think sufficient cite one two authorities atty jamaica pond aqueduct mass proceeding equity judicial enjoin defendants lowering water one public ponds massachusetts claimed necessary effect lowering impair rights people use pond fishing boating lawful purposes create expose upon shores pond large quantity slime mud offensive vegetation detrimental public health defendants demurred claiming case stated came within equity jurisdiction questioning power attorney general behalf commonwealth maintain proceedings speaking chief justice said cases numerous held attorney general may maintain information equity restrain corporation exercising right eminent domain power delegated legislature abuse perversion powers may create public nuisance injuriously affect endanger public interests many cases proceeding information case alleges defendant acts ultra vires abuse power granted legislature also necessary effect acts create public nuisance brings case within established principle jurisdiction equity restrain prevent nuisances nuisance public one information attorney general appropriate remedy information therefore sustained ground unlawful acts defendant produce nuisance partially draining pond exposing shores thus endangering public health replying claim resort equity unnecessary said defendant contends law furnishes plain adequate complete remedy nuisance indictment proceedings statutes abatement nuisance board health neither remedies invoked part mischief done nature things restore pond land underground currents condition words remedy whole mischief preventive force decree equity restraining illegal acts mischief done gives clearly efficacious complete remedy nature equitable remedy case public nuisances well described justice harlan speaking case mugler kansas ed sup ground jurisdiction cases purpresture well public nuisances ability courts equity give speedy effectual permanent remedy law prevent nuisances threatened irreparable mischief ensues arrest abate progress perpetual injunction protect public future whereas courts law reach existing nuisances leaving future acts subjects new prosecutions proceedings salutary jurisdiction especially nuisance affects health morals safety community coosaw min south carolina ed sup said justice harlan citing english american cases law indictment reach past present wrongs done appellant adequately protect public interests future public entitled security time illegal interference control state digging mining removing phosphate rock phosphatic deposits bed coosaw river finally contended bill prematurely filed filed late standing long period complainant guilty laches equity grant relief inconsistency contentions manifest consideration opinion suggestion complainants remedy lost delay founded fact reason goldsmid tunbridge wells improv comrs eq answering similar contention said romilly plaintiff comes complains early evidence pollution wholly get evidence evidence defendants pollution slight perhaps observable times occasions saying proof appreciable pollution must wait becomes nuisance waits five six years obvious everybody sense pollution considerable say come late allowed go twenty years acquired easement property right pouring sewage opinion person watercourse flowing land sewage perceptible brought watercourse right come stop pollution increasing gradually increasing time time additional quantity sewage poured persons allow polluted matter flow stream liberty claim right prescription matter great importance suggested argument matter regarded private interests must give way public interests regard advantage public little sacrifice made private individuals assent view law subject apprehend observations quoted vice chancellor sir william page wood atty ex rel thames conservators week perfectly accurate private rights interfered firm conviction great dispensations operations nature interests individuals compatible identical interests public although case consider injury private individual plaintiff present occasion believe injury public may extremely great polluting stream flows considerable distance water cattle habit drinking exhalations persons reside banks must necessarily inhale time attention public necessarily called fact scientific men examined subject unable say whether great diseases among cattle contagious diseases affecting human beings cholera typhus like may great measure communicated aggravated absorption particles feculent matter system either inappreciable scarcely appreciable minute chemical analysis impossible state things say amount injury may done polluting even partially stream flows considerable distance opinion goldsmid bound remain quiet stream become nuisance obvious everybody near banks result entitled decree injunction restrain defendants causing permitting sewage offensive matters draining town tunbridge wells discharged calverly brook stream manner injuriously affect water brook flows plaintiff land decree master rolls subsequently affirmed appeal ch similar views prevailed chapman rochester bill filed enjoin defendant city polluting discharge sewage artificial means natural stream flowing lands opinion new york appeals said danforth citing goldsmid tunbridge wells improv comrs view principle upon like decisions turn objections learned counsel defendant judgment appealed quite unimportant filth city flow naturally lands plaintiff surface water finds level carried thither artificial arrangements prepared city responsible plaintiff estopped acquiescence proceedings city devising carrying system sewerage principle invoked appellant application appear plaintiff way encouraged adoption system act word induced city authorities direct sewers flow reach premises finding effect record contains evidence fine case comes within general rule gives person injured pollution air water use natural condition entitled action party whether natural person corporation causes pollution cases cited defendants counsel injunctions refused aid suppression public nuisances cases act complained fully completed nuisance one resulting conduct repeated day day cases purpresture concerned permanent structures already existing courts equity appealed bill case assail drainage canal unlawful structure aim prevent use waterway sought relief pouring sewage filth artificial arrangements mississippi river detriment state missouri inhabitants acts merely done done cease operate acts contemplated continually repeated day day relief prayed merely creation nuisance maintenance conclusion therefore demurrers filed respective defendants sustained wish understood holding case like present one injuries complained grow prosecution public work authorized law equity interpose way preliminary interlocutory injunction denied answer reasonable foundation charges contained bill dealing case bill alleging explicit terms damage irreparable injury naturally necessarily occasioned acts defendants defendants chosen rights disposed far present hearing concerned upon assertions bill fully agree contention defendants counsel settled injunction restrain nuisance issue cases fact nuisance made upon determinate satisfactory evidence evidence conflicting injury doubtful conflict doubt ground withholding injunction interposition injunction sought restrain apprehended create nuisance complainant may complain proofs must show state facts manifest danger real immediate observations relevant case us demurrers overruled leave given defendants file answers bill chief justice fuller concurred justice harlan justice white dissenting controversies union made justiciable constitution modes determining surrendered jurisdiction intended supply place means usually resorted independent sovereignties terminate differences invoked must appear direct antagonism clearly bill makes state case however case presented competent missouri implead state illinois ground rested found allegation governor authorize water turned drainage channel sanitary district created act general assembly illinois authority state control supervision channel corporation control supervision lies lawmaking power state illinois suppose complainant seeks coerce difficult conceive decree entered case bind state illinois control action governor true empowered act authorize water let channel receipt certificate commissioners appointed inspect work channel capacity character required done water let day application made leave file bill governor discharged duty official act illinois remained performed assuming bill maintained sanitary district proper case agree state illinois necessary proper party bill maintained corporation case stands act complained nuisance per se injury alleged threatened contingent channel operation year probable supposed basis complaint tested follow bill present shape retained opinion demurrers sustained bill dismissed without prejudice application sanitary district authorized state missouri brothers harlan white concur dissent