The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-03-04
STATES CANNOT BE SUED.
TIE SUPREME COURT DECIDES A
VEXAIIOUS QUESTION.

The Case Brought Into Court this
Time en- the Plea that a Common
wealth Could be Sued by One of it's
Own Citizens-The Fallacy of the
Claim Pointed Out.
WASHINGTON, March 3.-The supreme
court to-day rendered an opinion in the
case of Bernard B. Hanse plaintiff in error
VS.. the state of Louisiana, brought here on
appeal from the circuit court of the United
States for the eastern district of Louisi-
ana. 1t is said that from $10,O 900 to
Sl2,OO0,OO0 are involved in the case, the
decision of which turns upon the important
constitutional question of the right of a
citizen to sue his own state. 1t
is said that this question has
never been decided Mr.. Hanse is the
owner of a cons iderable amount of consoli-
dated bonds of the state of Louisiana. When
the state issued these bonds it made provis-
ion for the levy Of special tax to meet the
interest and principal. 1t Furthermore de-
clared the bonds to create a contract be-
tween, the state and bondholders which
should not be impaired, and declared that
judicial power should be exercised whenever
necessary to secure a levy and collection of
the tax and payment of the bonds.
THE CONTRACT REPUDIATED.
The state constitution adopted in 1889,
however, rarity repudiated this agreement
and directed that the revenue collected by
the levy of the special interest tax should
be diverted to defray the expenses of the
state government. Mr.. Hanse, who is a
citizen of Louisiana, brought suit to have
the new state constitution declared invalid
80 far as it impaired the contract between
the state and hondholders, on the ground
that it violated the constitution of the
United States. The state set up a
plea that it could not be sued by one of
its own citizens without its consent, and the
circuit court deciding the question in favor
of the state, the case comes here for final
decision. Justice Bradley, in his opinion
affirming this judgment, says that if the
plaintiff in error contends that he has a
right to maintain the suit because he is a
citizen of louisiana, and not of some other
state, then we should have this anomalous
result, that in cases arising under the con-
stitution of the United States, a state may
be sued in the federal courts by its own
citizens, though not by the citizens of other
states, for this is forbidden by the eleventh
amendment.
THE CHISHOLM CASE QUOTED.
If this is the necessary consequence of the
language of the constitution and the law
the resultssis no lessstartling:and unexpected
than we're the original decisions of this
court in the case of Chisholm VS.. state of
Georgia, that under the language of the
constitution a state was liable to be sued
by the citizens Of another state This de-
cision created such surprise throughout the
country that at the first meet
ing Of congress thereafter the
eleventh amendment to the constitution
was almost unanimously proposed, and in
due course adopted. In conclusion the
court says: 1T is not necessary to enter
upon an examination of the reasons of the
expedlency of the rule which exempts a
sovereign state from prosecution in a court
OF Justice at the suit of individuals. 1t is
enough to declare its existence. The legis-
lative department of a state represents it's
polity and its will, and is called upon by
the highest demands OF divine and natural
law to preserve justice and Judgment, and
to hold inviolate the obligations of the state.
Any departure from this rule, except for
reasons most cogent (of which
the legislature alone can judge),
never fails in the end to
incur the Odium of the world and to
bring lasting injury upon the state itself.
But to deprive the legislature of the power
of judging what the honor and safety of the
state may require, even at the expense OF
temporary failure to discharge public debts,
would be attended with greater evils than
such failure could cause. 1t would, in fact
deprive the state of that sovereignty and
independence in the management of its
affairs which are essential to its anatomy,
and which are always understood to be its
prerogative by all private parties that deal
with it y