The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-20

over Controversies between two or more
States was declared by the judiciary
act of 1879 to be exclusive. as in its ma
ture it necessarily must be.
Reference to the language of the Con-
stitution providing for its exercise to its
historical origin, to the decisions of this
court in which the subject has received
consideration. which was made at length
in Missouri Y. Illinois. $50 L. s. POS dem
onstrates the comprehensiveness the i'm
portance and the gravity Of this grant of
power, and the sagacious foresight Of
those by whom it was framed. BY the
first clause of section article / of the
Constitution it was provided that NO
State shall enter into any treaty. alli-
ance. or confederation" and by the third
clause that no State shall. without
the consent Of Congress. -. keep
troops, or ships OF war in time of peace,
enter into any agreement or compact
with another state, or with a foreign
power. or engage in war. unless actually
invaded. or in such iminent danger as
viii not admit of delay"
Treaties. alliances and considerations
were thus wholly prohibited. and Judge
Tucker in his Appendix to Blackstone
vol. J. p. 3lW found the distinction be-
tween them and the agreements or COM
pacts- mentioned II the third clause in
the fact that the former related "ordin-
ariIy TO subjects of great national magni-
tude aud Importance. and are often per-
petual. or made for q considerable period
Of time" but agreements or compacts
concerned "transitory or local affairs. or
such as cannot possibly effect any other
interest but that OF The parties" But
Mr.. Justice Story thought this an IN
satisfactory exposition. and that the Ian
g1iage of the first clause might be more
plausibly interpreted "to apply to treat
les of political character such as treat
Ties of alliance Tor purposes of peace
and war and treaties of confederation.
in which the parties are leaeued for mU-
tual government. political cooperation,
ana the exercise OF political sovereignty;
and treaties of cession of sovereignty.
or comforting internal political jurisdic-
diction, or external political dependence,
or general commercial privileges while
compacts and agreements might be very
properly applied Ito such as regarded
what might be deemed mere private
rights OF sovereignty; such as questions
III boundaries: interests in land situate
In the territory of each other and other
Internal regulations Tor the mutual com
fort sud convenience of States bordering
on each other" story Corst Secs 1Fe-
1903: Louisiana =. Texas, l-5 l.. :. J.
Undoubtedly as remarked by Nr. jus
tice Bradley in Hams Y. louisiana. ia I.
: J. j.. the Constitution made some
things Unstable. which were not known
as such at the cormou law- such Tor
example. as controversies between states
as 20 boundary lines. and other questions
admitting OF judicial solution And as
the remedies resorted To by independent
states Tor the determination of controv-
orsies raised by collision between them
were Withdrawn from the States by the
Constitution. q vice range 81 matters.
susceptible OF adjustment. and rot purely
political IN their nature Was made iustih-
able bv that Instrument
Ir Missouri v Illinois and the Sanitary
District of Chicaso. l>a L. : ee> Il was
alleged that an artificial channel or Drain
constructed ty the sanitary district f1r
the nurposcs ~ sewerage under the au-
thority d,vived from thc state ~ Illinois, +
created s. continuing nuisance dangerous /
90 tie health of Che people fo Ile state
og Missouri and the bni charged that The
acts O. the defendants. Il not restrained +
woula result in tha poisoning tha water
srnrlv ~ che iahsbitaats 81 Missouri
and in in5uriously affecting that portion .
81 The bed ~ ,he Mississippi river wing
within its territory In disposins NJ a .
demurrer 10 the bi'i. numerous cases in i
volving the exercise q original surisdic- /
uoa oy this court were examined. and