Melville Fuller

“ On April 30, 1906, the state of Kansas applied for leave to file a bill of complaint against the United States and others, to which the United States objected on the ground of want of jurisdiction. May 21 leave was granted, without prejudice, and the bill was accordingly filed. As such an application by a state is usually granted as of course, we thought it wiser to allow the bill to be filed, but reserving to the United States the right to object to the jurisdiction thereafter, and hence the words, 'without prejudice,' were inserted in the order. ”

“ In these circumstances we think it apparent that the name of the state is being used simply for the prosecution in this court of the claim of the railroad company, and our original jurisdiction cannot be maintained.
Again, the United States is the real party in interest as defendant, and has not consented to be sued, which it cannot be without its consent. ”

“ In our opinion it appears upon the face of the bill that the state of Kansas is only nominally a party, and that the real party in interest is the railroad company. Section 3 provided that patents should be issued not to the state, but to the company direct, which made the state nothing but a mere conduit for the passage of title. ”