ounterclaim based on the Corporation's breach of
contract, ibid. 505. Any consent to be sued will not be held to embrace
action in the federal courts unless the language giving consent is
clear. Great Northern Life Ins. Co. _v._ Read, 322 U.S. 47 (1944).
[431] Minnesota _v._ United States, 305 U.S. 382 (1939). The United
States was held here to be an indispensable party defendant in a
condemnation proceeding brought by a State to acquire a right of way
over lands owned by the United States and held in trust for Indian
allottees.
[432] Brady _v._ Roosevelt S.S. Co., 317 U.S. 575 (1943).
[433] United States _v._ Lee, 106 U.S. 196, 207-208 (1882). The
principle of sovereign immunity was further disparaged in a brief essay
by Justice Miller on the subject of the rule of law, as follows: "Under
our system the _people_ * * * are sovereign. Their rights, whether
collective or individual, are not bound to give way to a sentiment of
loyalty to the person of a monarch. The citizen here knows no person,
however near to those in power, or however powerful himself, to whom he
need yield the rights which the law secures to him when it is well
administered. When he, in one of the courts of competent jurisdiction,
has established his right to property, there is no reason why deference
to any person, natural or artificial, not even the United States, should
prevent him from using the means which the law gives him for the
protection and enforcement of that right." Ibid. 208-209.
[434] 204 U.S. 331 (1907).
[435] Louisiana _v._ McAdoo, 234 U.S. 627, 628 (1914).
[436] 162 U.S. 255 (1896). At page 271 Justice Gray endeavors to
distinguish between this and the Lee Case. It was Justice Gray who spoke
for the dissenters in the Lee Case.
[437] Land _v._ Dollar, 330 U.S. 731, 737 (1947). Justice Douglas cites
for this proposition Cunningham _v._ Macon & B.R. Co., 109 U.S. 446, 452
(1883); Tindal _v._ Wesley, 167 U.S. 204 (1897); Smith _v._ Reeves, 178
U.S. 436, 439 (1900); Scranton _v._ Wheeler, 179 U.S. 141, 152, 153
(1900); Philadelphia Co. _v._ Stimson, 223 U.S. 605, 619, 620 (1912);
Goltra _v._ Weeks, 271 U.S. 536 (1926). This last case actually extended
the rule of the Lee Case and was virtually overruled in Larson _v._
Domestic & Foreign Corp., 337 U.S. 682 (1949).
[438] Oregon _v._ Hitchcock, 202 U.S. 60 (1906); Louisiana _v._
Garfield, 211 U.S. 70 (1908); New Mexico _v._ Lane, 243 U.S. 52 (1917);
Wells _v._ Roper, 246 U.S
|