Morrison Waite

“ Railroad Company v. Alabama
This case, like that of Railroad Company v. Tennessee (supra, p. 337) , presents the question of the constitutionality of a law taking away the right to sue a State on its contracts. ”

“ The treasurer must pay the warrant when issued, if he has funds in his hands appropriated for the purpose; but if there has been no appropriation, he cannot any more pay a warrant issued on a judgment than one lawfully issued without a judgment. Take this case as an illustration. The demand made by the railroad company is an extraordinary one, and involves a large amount of money. ”

“ Under both the Tennessee and Alabama statutes the courts are made little else than auditing boards. If funds are not voluntarily provided to meet the judgment, the courts are not invested with power to supply them. In Alabama, a warrant for the payment may be secured, but the State may stop payment by withholding an appropriation. Perhaps the judgment creditor may take one step further towards the collection in Alabama than he can in Tennessee; but both States may refuse to pay, that is, may refuse to make the necessary appropriation, and the courts are powerless to compel them to do so. ”