Missouri v. Illinois

Citations

• 200 U.S. 496
• 26 S. Ct. 268
• 50 L. Ed. 572
• 1906 U.S. LEXIS 1494

Syllabus

<p>Missouri filed its bill in this court to enjoin Illinois and the Sanitary Dis■trict of Chicago from discharging sewage through an artificial channel connecting Lake Michigan with the Desplaines River, a tributary of ’ the’ Illinois, the latter of which empties into the Mississippi River above St. -Louis, claiming that such sewage so polluted the water of the Mississippi as to render it unfit to drink and productive of typhoid fever and other diseases. Illinois denied the jurisdiction of this court, and. the allegations of the bill, and alleged that- if the conditions complained of ■ at St. Louis existed they resulted from discharge of sewage into the Mississippi by cities of Missouri and from other causes for which Illinois was not responsible. A demurrer was overruled, with leave to answer, 180 U. S.- 208; after answer and taking of proof including much expert , testimony as to effect of sewage on water and health, held, that:</p> <p>This court has jurisdiction and authority to deal with a question of this nature between two States, which, if it arose between'two independent ' sovereignties, might lead to war.</p> <p>In such a ease, while this court cannot take the place of a legislature it must determine whether there is ’ any principle of law, and if any what, on which the plaintiff State can recover.</p> <p>Every matter which -would be cognizable in equity if between private citizens in the same jurisdiction would not warrant this court in interfering if such matter arose between States; this court should only intervene to enjoin the action of one State at the instance of another when the case is of serious magnitude, clearly and fully proved; and in such a case only such principles should be applied as this court is prepared deliberately .to maintain.</p> <p>While a State may have relief in this court against another State to prevent it from discharging sewage through an artificial channel into, and thereby polluting the waters of, a river flowing through bo