Stanley Forman Reed

“ We think that acting as chairman of the Democratic State Central Committee and acting, ex officio, as a member of the 'Victory Dinner' committee for the purpose of raising funds for the Democratic Party and for selling war bonds constitute taking an active part in political management. While the United States is not concerned with and has no power to regulate local political activities as such of state officials, it does have power to fix the terms upon which its money allotments to states shall be disbursed. ”

“ Congress has power to fix the conditions for review of administrative orders. [9] By providing for judicial review of the orders of the Civil Service Commission, Congress made Oklahoma's right to receive funds a matter of judicial cognizance. Oklahoma's right became legally enforceable. Interference with the payment of the full allotment of federal highway funds to Oklahoma made the statutory proceeding to set aside the order a case or controversy between Oklahoma and the Commission whose order Oklahoma was authorized to challenge. ”

“ We do not think the rule that one may not in the same proceeding both rely upon and assail a statute [14] is applicable to the present situation. In the cases the Government cites, the litigants had received or sought advantages from the statute that they wished to attack, advantages other than the mere right to sue. What we are concerned with in this case is not an estoppel to sue but the allowable scope of the statutory jurisdiction. ”