by John Marshall Harlan

“ Piggott, Foreign Judgm. 209, 210.' Further: 'From the first organization of the courts of the United States, nearly a century ago, it has always been assumed that the original jurisdiction of this court over controversies between a state and citizens of another state, or of a foreign country, does not extend to a suit by a state to recover penalties for a breach of her own municipal law. . . . The real nature of the case is not affected by the forms provided by the law of the state for the punishment of the offense. ”

“ It is alleged in the bill that the defendant companies are corporations of states other than Oklahoma, except that the American Express Company is a partnership, composed of individuals who are citizens and residents of New York; that what were formerly the territory of Oklahoma and the Indian territory constitute the present state of Oklahoma ”

“ If this were not so, all that would be necessary to give ubiquitous effect to a penal law would be to put the claim for a penalty into the shape of a judgment. Wharton, Confl. L. § 833; Westlake, International Law, 1st ed. ”

“ The bill also alleged that, by ordinance irrevocable, Oklahoma had accepted the terms and conditions of the act of June 16th, 1906, including the provision relating to intoxicating liquors; and thereby the state was obligated in place of the United States, so far as the Power was lodged in it, to carry out the treaty and agreements made with the said Indian tribes against the introduction, sale, or in any manner the furnishing, of intoxicating liquors in what was formerly the Indian territory ”

“ The bill further shows that the state, through its Constitutional Convention, submitted to the popular vote the question of adopting a provision prohibiting the manufacture, bater, sale, giving away, or otherwise furnishing intoxicating liquors in the state, and the result was the approval by the electors of a constitutional provision of that kind, which has been in force since November 16th, 1907 ”