Wiscart _v._ Dauchy, 3 Dall. 321 (1796).
This exclusive interpretation of article III posed temporary
difficulties for Marshall in Cohens _v._ Virginia, 6 Wheat. 264 (1821),
where he gave a contrary interpretation to other provisions of the
Article. The exclusive interpretation as applied to original
jurisdiction of the Supreme Court has been followed in Ex parte Bollman,
4 Cr. 75 (1807); New Jersey _v._ New York, 5 Pet. 284 (1831); Ex parte
Barry, 2 How. 65 (1844); Ex parte Vallandigham, 1 Wall. 243, 252 (1864);
and Ex parte Yerger, 8 Wall. 85, 98 (1869). In the curious case of Ex
parte Levitt, Petitioner, 302 U.S. 633 (1937), the Court was asked to
purge itself of Justice Black on the ground that his appointment to it
violated the second clause of section 6 of Article I. Although it
rejected petitioner's application, it refrained from pointing out that
it was being asked to assume original jurisdiction contrary to the
holding in Marbury _v._ Madison.

[583] 252 U.S. 416 (1920).

[584] 262 U.S. 447 (1923).

[585] 157 U.S. 229, 261 (1895). Here the Court refused to take
jurisdiction on the ground that the City of Oakland and the Oakland
Water Company, a citizen of California, were so situated that they would
have to be brought into the case, which would make it then a suit
between a State and citizens of another State and its own citizens. The
same rule was followed in New Mexico _v._ Lane, 243 U.S. 52, 58 (1917);
and in Louisiana _v._ Cummins, 314 U.S. 577 (1941). _See also_ Texas
_v._ Interstate Commerce Commission, 258 U.S. 158, 163 (1922). For the
original jurisdiction of the Supreme Court in specific classes of cases
_see_ the discussion of suits affecting ambassadors and suits between
States, _supra_, pp. 571, 591-593.

[586] Ames _v._ Kansas ex rel. Johnston, 111 U.S. 449 (1884).

[587] 127 U.S. 265 (1888).

[588] 1 Stat. 73, 80.

[589] 127 U.S. 265, 297. _Note also_ the dictum in Cohens _v._ Virginia,
6 Wheat. 264, 398-399 (1821) to the effect that "* * * the original
jurisdiction of the Supreme Court, in cases where a State is a party,
refers to those cases in which, according to the grant of power made in
the preceding clause, jurisdiction might be exercised in consequence of
the character of the party, and an original suit might be instituted in
any of the federal courts; not to those cases in which an original suit
might not be instituted in a federal court. Of the last description, is
every case b