United States v. Washington

The Government appeals from a judgment dismissing “with prejudice”, after trial, an action against the State of Washington and the other appellees to quiet the title to certain Washington real property claimed by the United States of America as trustee for certain Indian wards.

Jurisdiction was invoked under 28 U.S. C. § 1345, but the assertion of jurisdiction is challenged at the outset with the claim that, by virtue of sovereign immunity, the District Court had no jurisdiction over the person of the State of Washington.

The argument is that since the Constitution provides that: “In all Cases * * * in which a State shall be Party, the Supreme Court shall have original Jurisdiction”, U.S.Const. art. Ill, § 2, cl. 2, it follows that: “For a State to be sued in any forum other than the United States Supreme Court it must consent thereto.”

Since Ames v. Kansas, 1884, 111 U.S. 449 , 4 S.Ct. 437 , 28 L.Ed. 482 , it has been held to be “within the power of congress to grant to the inferior courts of the United States jurisdiction in cases where the supreme court has been vested by the constitution with original jurisdiction.” 111 U.S. at page 469 , 4 S.Ct. at page 447 ; see: Case v.…