| Show A QUESTION OF STATE RIGHT A decision of the united states supreme court la is evoking wide comment the question disposed of was wan unprecedented as it in evolved the construction of the courts jurisdiction under the constitution suit was entered by the territory of oklahoma against the state of texas to determine whether greer county lay jay in the state or in the united states of course the act creating the territory provided for this method of settlement as the tract of land in question was already disputed texas contended that the supreme court bad no ho jurisdiction in the matter and that it was not competent for the general government to bring suit against ft a state in one of its own courts justice harlan in delivering the opinion of the court affirming its 16 own jurisdiction quoted from story as fol cowf it would be a perfect novelty in the history of national jurisprudence as wen well as a of public law that a sovereign had no authority ut hority to sue in his own courts unless this power were given to the united states the enforcement of all their rights powers contracts and privileges in their sovereign capacity would be at the mercy of the states they must be enforced if at all in the state tribunals y if been a case by the citizens of one swe stale against a sovereign state of the union it would be a different matter the judicial power in fuch euch an event of the united states being barred by the constitution but in this instance the territory iu in question is under present nei within the absolute authority of the united states and therefore the doctrine of story and of the court must stand undisputed |
