Edward Douglass White

“ Now, if Texas has no right, by its officers, to establish regulations that unreasonably or unnecessarily burden commerce between that state and Louisiana, and if the state of Louisiana is entitled, under the Constitution, to have the validity of such regulations tested in a judicial tribunal, then this court should put the defendants to their answer, and the cause should proceed to a final decree upon its merits. ”

“ I must express my inability to concur in that part of the opinion of the court relating to the clause of the Constitution extending the judicial power of the United States to controversies 'between a state and citizens of another state.' In reference to a controversy of that sort the court says that, where none exist between states, it is not for this court to restrain the governor of a state in the discharge of his executive functions in a matter confided to his discretion and judgment. ”

“ Congress alone has authority in that respect. When the Constitution gave this court jurisdiction of controversies between states, it did not thereby authorize a state to bring another state to the bar of this court for the purpose of testing the constitutionality of local statutes or regulations that do not affect the property or the powers of the complaining state in its sovereign or corporate capacity, but which at most affect only the rights of individual citizens or corporations engaged in interstate commerce. ”