In Louisiana v. Texas20 complaint was made by the plaintiff State that the agents of the defendant State were administering certain quarantine powers in a manner that discriminated against citizens of the plaintiff State. To this bill demurrer was filed upon the ground, inter alia, that the issues presented by the bill were not between the two States, but between certain citizens of the State of Louisiana, engaged in interstate commerce, and that the State, as a State, was not interested in a proprietary or other manner, and was not, therefore, entitled to bring suit. In the opinion of the court, rendered by Chief Justice Fuller, it was said: "In order ... to maintain jurisdiction of this bill of complaint, as against the State of Texas, it must appear that the controversy to be determined is a controversy arising directly between the State of Louisiana and the State of Texas, and not a controversy in the vindication of the grievances of particular individuals."

17 202 U. S. 59; 22 Sup. Ct. Rep. 571; 50 L. ed. 934. 18 202 U. S. 1; 26 Sup. Ct. Rep. 408; 50 L. ed. 913.

19 The cases of Virginia v. West Virginia, South Carolina v. Georgia, and Virginia v. Tennessec arose out of compacts made between the States. 20 176 U. S. 1; 20 Sup. Ct. Rep. 251; 44 L. ed. 347.

. . . "The complaint here is not that the laws of Texas in respect to quarantine are invalid, but that the health officer, by rules and regulations framed and put in force by him thereunder, places an embargo in fact on all interstate commerce between the State of Louisiana and the State of Texas, and that the governor permits these rules and regulations to stand and be enforced, although he has the power to modify or change them. The bill is not rested merely on the ground of the imposition of an embargo without regard to motive, but charges that the rules and regulations are more stringent than called for by the particular exigency, and are purposely framed with the view to benefit the Slate of Texas, and the city of Galveston in particular, at the expense of the State of Louisiana, and especially of the city of NewOrleans.

"But in order that a controversy between States, justiciable in this court, can be held to exist, something more must be put forward than that the citizens of one State are injured by the maladministration of the laws of another. The States cannot make war. or enter into treaties, though they may, with the consent of Congress, make compacts and agreements. When there is no agreement whose breach might create it, a controversy between States does not arise unless the action complained of is state action, and acts of state officers in abuse or excess of their powers cannot be laid hold of as in themselves committing one State to a distinct collision with a sister State,

"In our judgment this bill does not set up facts which show that the State of Texas has so authorized or confirmed the alleged action of her health officer as to make it her own, or from which it. necessarily follows that the two States are in controversy within the meaning of the Constitution."