[585] 157 U.S. 229, 261 (1895). Here the Court refused to take jurisdiction on the ground that the City of Oakland and the Oakland Water Company, a citizen of California, were so situated that they would have to be brought into the case, which would make it then a suit between a State and citizens of another State and its own citizens. The same rule was followed in New Mexico v. Lane, 243 U.S. 52, 58 (1917); and in Louisiana v. Cummins, 314 U.S. 577 (1941). See also Texas v. Interstate Commerce Commission, 258 U.S. 158, 163 (1922). For the original jurisdiction of the Supreme Court in specific classes of cases see the discussion of suits affecting ambassadors and suits between States, supra, pp. [571], [591-593].
[586] Ames v. Kansas ex rel. Johnston, 111 U.S. 449 (1884).
[587] 127 U.S. 265 (1888).
[588] 1 Stat. 73, 80.
[589] 127 U.S. 265, 297. Note also the dictum in Cohens v. Virginia, 6 Wheat. 264, 398-399 (1821) to the effect that "* * * the original jurisdiction of the Supreme Court, in cases where a State is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised in consequence of the character of the party, and an original suit might be instituted in any of the federal courts; not to those cases in which an original suit might not be instituted in a federal court. Of the last description, is every case between a State and its citizens, and, perhaps every case in which a State is enforcing its penal laws. In such cases, therefore, the Supreme Court cannot take original jurisdiction."
[590] Ohio ex rel. Popovici v. Agler, 280 U.S. 379 (1930).
[591] 3 Dall. 321 (1796). Justice Wilson dissented from this holding and contended that the appellate jurisdiction, as being derived from the Constitution, could be exercised without an act of Congress or until Congress made exceptions to it.
[592] Durousseau v. United States, 6 Cr. 307 (1810).
[593] 6 Wall. 318 (1868); 7 Wall. 506 (1869).
[594] 15 Stat. 44 (1868).