Melville Fuller

“ There being no diversity of citizenship, the jurisdiction of the circuit court could only be maintained upon the ground that the suit arose under the Constitution or laws or treaties of the United States, and a suit does not so arise unless it really and substantially involves a dispute or controversy as to the effect or construction of the Constitution or some law or treaty of the United States, upon the determination of which the result depends. ”

“ It was apparently framed under § 738 of the California Code of Civil Procedure, providing that 'an action may be brought by any person against another who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim.' This statute enlarged the ancient jurisdiction of courts of equity in respect of suits to quiet title, but, the equitable rights themselves remaining, the enlargement thereof may be administered by the circuit courts of the United States as well as by the courts of the state. ”

“ The state of California was not in the line of such titles, so that the acts of the legislature and the charters of the city complained of manifestly did not have the effect of depriving complainants of their property or of impairing the obligation of any contract, but simply conferred on the city such rights in respect of the waters of the river as may have been vested in the state.
Hooker v. Los Angeles, 188 U.S. 314, 47 L. ed. 487, 63 L. R. A. 471, 23 Sup.Ct.Rep. ”