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Show -112* Court to require a preliminary showing that diplomatic methods have been fully and fairly tried and exhausted as a condition precedent to the granting of leave to institute interstate suits,, In justice to the Court it may be observed that the tremendous economic waste attendant upon these interstate suits and the precipitate methods of their institution^ has so come to the notice of the Court that, in two recent cases, it has frankly recommended to the litigant States that the controversies before the Court had best be settled by the States through resort to the diplomatic method of interstate compacts While this- suggestion, unfortunately has followed the long, wasteful and large- ly futile litigation rather than preceded the granting of leave to insti- tute the suits in the first instance., it will doubtless have a salutary effect as regards future interstate litigation and would appear as a natur- al forecast of an ultimate rule of Court requiring a showing that interstate diplomacy shall have been exhausted by the States as a prerequisite to the granting of leave to one State to engage a sister State in the near equiva- lent of warfare * Tiring with the prolonged and useless controversy respect- ing the matter of boundary between the two States,, in Washington v, Oregon (2li; Uu S«, 205, 217);> MrP Justice Brewer, speaking for the entire court., called attention to the congressional legislation authorizing the States of Mississippi and Arkansas to agree upon their common boundary and to determine the jurisdiction of crimes committed on the Mississippi River and adjacent territory, and reco mended that Washington and Oregon follow the same method of adjustment of their differences by interstate com^tctp and further called attention to the fact that compacts of a similar nature had been authorized by Congress with reference to the boundaries between the States of Mississippi and Lousiana and of Tennessee and Arkansasp And in th.e very recent case cf New York vsc New Jersey (May 2, 1921), re- specting sewage pollution of the waters of New York harbor, Mr« Justice Clarke, speaking for the full court, after dismissing the bill (filed? Octc I9O8; without prejudice, recommended diplomatic settlement between the -iewo States" in the following language: 11 "We cannot withhold! the suggestion, inspired" by the coDn&idera- tion of the case, that the grave problem of sewage disposal pre- sented by the large and growing populations living on the shores of New York Bay is one more likely to be wisely solved by co- operative study and by conference and.mutual concession on the part of representatives of the States so vitally interested in it than by proceedings in any court however constituted«ff (65 !»• Ed» 5hh> 551.) STATES AND NATION - RESPECTIVE SOVEREIGNTIES Any discussion of the rights and reserved powers of the States of the Union to adjust present or prospective differences with sister states upon the one hand or with the United States upon the other, first calls for- preliminary consideration of the powers and relations of the States an<l of the limitations of the powers of the United Statese |