Proceedings of International Conference Under the Auspices of American Society F
Proceedings of International Conference Under the Auspices of American Society F
American Society for Judicial Settlement of Intern
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The ordinary causes of contention between individ- uals occasionally arise between States, and are productive of liti- gation. The Eleventh Amendment to the Constitution declared that the judicial power of the United States should not extend to suits by private citizens against a State. Being thus barred from suing in their own names, certain enterprising citizens of New York and New Hampshire in 1882, holding bonds of the State of Louis- iana, which they were unable to collect, conceived the i...dea of assigning their bonds to their own States and bringing actions in the name of these States against Louisiana, and thus avoid the effect of the Amendment. They seem to have had no difficulty in obtaining the consent of their own legislatures to this arrange- ment, as legislatures like individuals are always anxious that other people should pay their debts. But they had yet to obtain 217 U. S. 1, 577. 86 JUDICIAL SETTLEMENT the sanction of the Supreme Court, which was not forthcoming. That court held 14 that one State cannot create a controversy with another within the meaning of the Constitution by assuming the prosecution of debts owing by such other State to its own citi- zens.
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