People v. Central Railroad
Supreme Court of the United States
People v. Central Railroad, 79 U.S. 455 (1872)
20 L. Ed. 458; 12 Wall. 455; 1870 U.S. LEXIS 1219
People v. Central Railroad
Opinion
We think that the statement of the case shows that the question arose under the agreement and not under any act of Congress. The assent of Congress did not make the act giving it a statute of the United States, in the sense of the 25th section of the Judiciary Act. The construction of the act was in no way drawn in question, nor has any title or right been set up under it and denied ■by the State court. It had no effect beyond giving the consent. of Congress to the compact between the two States.
The writ of error must, therefore, be
Dismissed.
Reference
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Two States made an agreement as to where the boundary line between them was, and Congress by statute gave its assent to' the agreement. After this one of the States sued a corporation of the other for taking possession of land and water which the State suing alleged were in its territory. The corporation asserted, in defence, that under the agreement the land and water were within the jurisdiction of the other State; and the highest tribunal of the State in which the suit was brought decided that it was so. Meld, that this was but an adjudication upon the meaning of the agreement, and not one upon the construction of the statute ; and accordingly that error would not lie under the 25th section of the Judiciary Act.