ng to the appropriate law of the
case (11 Ves. 294); which depends on the subject-matter, the source and
nature of the claims of the parties, and the law which governs them.
From the time of such submission, the question ceases to be a political
one, to be decided by the _sic volo_, _sic jubeo_, of political power;
it comes to the court, to be decided by its judgment, legal discretion
and solemn consideration of the rules of law appropriate to its nature
as a judicial question, depending on the exercise of judicial power; as
it is bound to act by known and settled principles of national or
municipal jurisprudence, as the case requires."[459]
MODERN TYPES OF SUITS BETWEEN STATES
Beginning with Missouri _v._ Illinois and the Sanitary District of
Chicago,[460] which sustained jurisdiction to entertain an injunction
suit to restrain the discharge of sewage into the Mississippi River,
water rights, the use of water resources, and the like have become an
increasing source of suits between States. Such suits have been
especially frequent in the western States, where water is even more of a
treasure than elsewhere, but they have not been confined to any one
region. In Kansas _v._ Colorado,[461] the Court established the
principle of the equitable division of river or water resources between
conflicting State interests. In New Jersey _v._ New York[462] where New
Jersey sought to enjoin the diversion of waters into the Hudson River
watershed for New York in such a way as to diminish the flow of the
Delaware River in New Jersey, injure its shad fisheries, and increase
harmfully the saline contents of the Delaware, Justice Holmes stated for
the Court: "A river is more than an amenity, it is a treasure. It offers
a necessity of life that must be rationed among those who have power
over it. New York has the physical power to cut off all the water within
its jurisdiction. But clearly the exercise of such a power to the
destruction of the interest of lower States could not be tolerated. And,
on the other hand, equally little could New Jersey be permitted to
require New York to give up its power altogether in order that the river
might come down to it undiminished. Both States have real and
substantial interests in the river that must be reconciled as best they
may be."[463]
Other types of interstate disputes of which the Court has taken
jurisdiction include suits by a State as the donee of the bonds of
another to collect thereo
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