Oliver Wendell Holmes, Jr.

“ Montana cannot be presumed to be intent on suicide, and there are as many if not more cases in which it would lose as there are in which it would gain, if it invoked a trial of strength with its neighbors. In this very instance, as has been said, the Big Horn, after it has received the waters of Sage creek, flows back into that state. ”

“ It follows from what we have said that it is unnecessary to consider what limits there may be to the powers of an upper state, if it should seek to do all that it could. The grounds upon which such limits would stand are referred to in Rickey Land & Cattle Co. ”

“ So it is unnecessary to consider whether Morris is not protected by the Constitution; for it seems superfluous to fall back upon the citadel until some attack drives him to that retreat. Other matters adverted to in argument, so far as not disposed of by what we have said, have been dealt with sufficiently in two courts. It is enough here to say that we are satisfied with their discussion, and confine our own to the ouly matter that warranted a certiorari or suggested questions that might be grave. ”