State of California v. United States

This is an action by the State of California, under the.,Federal Tort Claims Act, *723 60 Stat. 842 , 28 U.S.C.A. §§ 1346 (b, c), 2671-2680, to recover for damage done to its pier by a United States’ vessel. The United States has filed a cross-complaint for the damage to its vessel. The State now seeks a dismissal of the cross-complaint on the ground that the State has not consented to be sued.

The attorneys for the State of California have apparently overlooked the fact that the United States has frequently sued the States of the Union without securing their express consent. See, e. g. United States v. State of North Carolina, 1890, 136 U.S. 211 , 10 S.Ct. 920 , 34 L.Ed. 336 ; United States v. State of Texas, 1892, 143 U.S. 621 , 12 S.Ct. 488 , 36 L.Ed. 285 ; United States v. State of Michigan, 1903, 190 U.S. 379 , 23 S.Ct. 742 , 47 L.Ed. 1103 ; United States v. State of Minnesota, 1926, 270 U.S. 181 , 46 S.Ct. 298 , 70 L.Ed. 539 ; United States v. State of Utah, 1931, 283 U.S. 64 , 51 S.Ct. 438 , 75 L.Ed. 844 ; United States v. State of Oregon, 1935, 295 U.S. 1 , 55 S.Ct. 610 , 79 L.Ed. 1267 . Indeed, in one of the most recent and notable of those suits California, itself, was…