tal Supply
Co. _v._ Bruce, 194 U.S. 601 (1904).
[448] Rickert Rice Mills _v._ Fontenot, 297 U.S. 110 (1936); and
Tennessee Electric Power Co. _v._ Tennessee Valley Authority, 306 U.S.
118 (1939) which held that one threatened with direct and special injury
by the act of an agent of the Government under a statute may challenge
the constitutionality of the statute in a suit against the agent.
[449] Philadelphia Co. _v._ Stimson, 223 U.S. 605 (1912); Waite _v._
Macy, 246 U.S. 606 (1918).
[450] United States _v._ Lee, 106 U.S. 196 (1882); Goltra _v._ Weeks,
271 U.S. 536 (1926); Ickes _v._ Fox, 300 U.S. 82 (1937); Land _v._
Dollar, 330 U.S. 731 (1947).
[451] 306 U.S. 381 (1939).
[452] Federal Housing Authority _v._ Burr, 309 U.S. 242 (1940).
Nonetheless, the Court held that a Congressional waiver of immunity in
the case of a government corporation did not mean that funds or property
of the United States can be levied on to pay a judgment obtained against
such a corporation as the result of waiver of immunity.
[453] United States _v._ United States Fidelity Co., 309 U.S. 506
(1940).
[454] Charles Warren, The Supreme Court and Disputes Between States,
Bulletin of the College of William and Mary, Vol. 34, No. 5, pp. 7-11
(1940). For a more comprehensive treatment of backgrounds as well as the
general subject, _see_ Charles Warren, The Supreme Court and Sovereign
States, (Princeton, 1924).
[455] Warren, The Supreme Court and Disputes Between States, p. 13.
However, only three such suits were brought in this period, 1789-1849.
During the next 90 years, 1849-1939, at least twenty-nine such suits
were brought. Ibid. 13, 14.
[456] 2 Dall. 419 (1793).
[457] Rhode Island _v._ Massachusetts, 12 Pet. 657, 721 (1838).
[458] Ibid. 736-737.
[459] Ibid. 737. Chief Justice Taney dissented because of his belief
that the issue was not one of property in the soil, but of sovereignty
and jurisdiction, and hence political. Ibid. 752-753. For different
reasons, it should be noted, a suit between private parties respecting
soil or jurisdiction of two States, to which neither State is a party
does not come within the original jurisdiction of the Supreme Court.
Fowler _v._ Lindsay, 3 Dall. 411 (1799).
[460] 180 U.S. 208 (1901).
[461] Kansas _v._ Colorado, 206 U.S. 46 (1907).
[462] 283 U.S. 336 (1931).
[463] Ibid. 342. _See also_ Nebraska _v._ Wyoming, 325 U.S. 589 (1945),
for the restatement of the familiar princ
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