There have been several interesting cases before our Supreme Court
illustrating the character of the jurisdiction I have been describing.
Chicago built a sewage canal to drain her sewage with the aid of the
waters of Lake Michigan into the Desplaines River, then into the
Illinois, and then into the Mississippi, from which St. Louis and other
Missouri towns derived their water supply. The Governor of Illinois was
empowered to open the canal. The State of Missouri brought suit in the
Supreme Court of the United States to enjoin the State of Illinois and
the Sanitary District of Chicago from continuing the flow, on the ground
that the impurities added to the Mississippi water had greatly increased
the typhoid fever in Missouri. It was held that this was a subject matter
capable of judicial solution—that Missouri was the guardian of her
people’s welfare and had a right to bring such a suit, and, if she made a
clear case, to enjoin such use of the Mississippi and its tributaries.
Mr. Justice Shiras, in upholding the jurisdiction (Missouri vs. Illinois,
180 U.S. 208, 241), spoke for the Court as follows:
“The cases cited show that such jurisdiction has been exercised in cases
involving boundaries and jurisdiction over lands and their inhabitants,
and in cases directly affecting the property rights and interests of a
State. But such cases manifestly do not cover the entire field in which
such controversies may arise, and for which the Constitution has provided
a remedy; and it would be objectionable, and indeed impossible, for the
Court to anticipate by definition what controversies can and what can not
be brought within the original jurisdiction of this Court.
“An inspection of the bill discloses that the nature of the injury
complained of is such that an adequate remedy can only be found in this
Court at the suit of the State of Missouri. It is true that no question
of boundary is involved, nor of direct property rights belonging to the
complainant State. But it must surely be conceded that, if the health
and comfort of the inhabitants of a State are threatened, the State
is the proper party to represent and defend them. If Missouri were an
independent and sovereign State, all must admit that she could seek a
remedy by negotiation, and, that failing, by force. Diplomatic powers and
the right to make war having been surrendered to the General Government,
it was to be expected that upon the latter would be devolved the duty
of providing a remedy, and that remedy, we think, is found in the
Constitutional provisions we are considering.”
This hearing was on demurrer. When the case came before the Court again
on the merits, Mr. Justice Holmes delivered the judgment of the Court,
and, while affirming the jurisdiction of the Court, pointed out the
difficulties the Court has in exercising it and the care it must take in
doing so. He said in the course of his opinion:
Public-domain text, read in full here on John Shaqi.
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