Louis Brandeis

“ But Congress has provided generally for suits against the United States in the federal courts. And it rests with Congress to determine not only whether the United States may be sued, but in what courts the suit may be brought. This suit was begun in a state court. The fact that the removal was effected on petition of the United States and the stipulation of its attorney in relation thereto are facts without legal significance. Where jurisdiction has not been conferred by Congress, no officer of the United States has power to give to any court jurisdiction of a suit against the United States. ”

“ In the stronger case of a trust allotment, it would seem clear that no effective relief can be given in a proceeding to which the United States is not a party and that the United States is therefore an indispensable party to any suit to establish or acquire an interest in the lands. ”

“ Minnesota contends that Congress authorized suit in a court of the state by providing in the second paragraph of Section 3 of the Act of March 3, 1901, quoted above, for 'condemnation of' lands allotted in severalty to Indians 'in the same manner as land owned in fee.' But the paragraph contains no permission to sue in the court of a state. It merely authorizes condemnation for 'any public purpose under the laws of the State or Territory where located.' There are persuasive reasons why that statute should not be construed as authorizing suit in a state court. ”