George Shiras, Jr.

“ The act under consideration authorized the governor to employ an agent in behalf of the state, to prosecute to final decision before Congress or in the courts, the claim of the state of Nebraska against the United States for the 5 per cent of the value of the lands disposed of by the United States for any of the purposes already mentioned and for the purpose of procuring from the United States a donation of the swamp and overflowed lands within its borders. ”

“ It has often been held that the validity of a statute or treaty of the United States is not 'drawn in question,' within the meaning of § 709, every time rights claimed under a statute or treaty are controverted, nor is the validity of an authority every time an act done by such authority is disputed. ”

“ Rep. 34; Blackburn v. Portland Gold Min. Co. 175 U.S. 571, 44 L. ed. 276, 20 Sup. Ct. Rep. 222; Florida C. & P. R. Co. v. Bell, 176 U.S. 321, 328, 44 L. ed. 486, 490, 20 Sup. Ct. Rep. 399; Columbia Water Power Co. v. Columbia Electric Street R. Light & Power Co. ”