federal law. However, it was later held that this ruling did not
prevent Congress from authorizing State courts to administer federal law
or the action taken by them, if they choose to do so, from being
valid.[712]

Resumption of the Practice

Near the end of the nineteenth century and afterwards Congress resumed
its earlier practice of vesting concurrently the enforcement of
federally created rights in the State and federal courts. The
administration of Indian lands and the determination of rights to
inherit allotted lands[713] marked the beginning of the restoration of
the use of State courts to apply federal law, and the Federal Employers'
Liability Act of 1908[714] carried the practice further, not only by
vesting concurrent jurisdiction in suits arising under the act, in State
courts but also in prohibiting the removal of cases begun in State
courts to the federal courts. Soon afterwards the Connecticut courts in
a compensation case applied the State's common law rules of liability
contrary to the federal act and held that Congress could not require a
State court to grant a remedy which local law did not permit. The
Connecticut courts further held that enforcement of the federal act was
contrary to the public policy of the State.[715] This decision was
overruled in the Second Employers' Liability Cases,[716] where it was
held on the basis of national supremacy that rights arising under the
act can be enforced "as of right, in the courts of the States when their
jurisdiction, as prescribed by local laws, is adequate to the occasion."
Subsequently, the Supreme Court has held that the rights created under
this statute cannot be defeated by forms of local practice and that it
is the duty of the Supreme Court to construe allegations in a complaint
asserting a right under the liability act in order to determine whether
a State court has denied a right of trial guaranteed by Congress.[717]

STATE OBLIGATION TO ENFORCE FEDERAL LAW

The issue of State obligation to administer federal law was presented
most recently by Testa _v._ Katt.[718] This case arose out of the
Emergency Price Control Act of 1942,[719] which provided that persons
who had been overcharged in violation of the act or, in the alternative,
the Price Administrator, could sue for treble damages in any court of
competent jurisdiction. On the ground that one sovereign cannot enforce
the penal laws of another, the Rhode Island Supreme Court ruled that th