Summary

Charles Evans Hughes Kentucky v. Indiana — Opinion of the Court

It is manifest that if, in accordance with the pleading of each state, the contract for the building of the bridge is deemed to be authorized and valid, the mere pendency of a suit brought by citizens to restrain performance does not constitute a defense. In that aspect, the question would be, not as to a defense on the merits, but whether this court should withhold a final determination merely because of the fact that such a suit is pending.
Source: Wikisource

Charles Evans Hughes Kentucky v. Indiana — Opinion of the Court

A state suing, or sued, in this court, by virtue of the original jurisdiction over controversies between states, must be deemed to represent all its citizens. The appropriate appearance here of a state by its proper officers, either as complainant or defendant, is conclusive upon this point. Citizens, voters, and taxpayers, merely as such, of either state, without a showing of any further and proper interest, have no separate individual right to contest in such a suit the position taken by the state itself.
Source: Wikisource

Charles Evans Hughes Kentucky v. Indiana — Opinion of the Court

It is not difficult to institute suits, and contracts between states, of increasing importance as interstate interests grow in complexity, would be at the mercy of individuals, if the action of the latter, without more, unsupported by any proper averments on the part of the state itself questioning its obligations, should lead this court to stay its hand in giving the relief to which the complainant state would otherwise be entitled, and of which it stood seriously in need.
Source: Wikisource

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