New York v. Illinois & Sanitary District of Chicago, 274 U.S. 488 (1927)

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New York v. Illinois & Sanitary District of Chicago

No. 14, Orig.

Argued April 25, 1927
Decided May 31, 1927
274 U.S. 488

IN EQUITY

Syllabus

1. In a bill for an injunction to restrain diversions of water from the Great Lakes on the ground that the diversions will impair navigable capacity of the lakes and connected rivers and thereby obstruct and burden commerce to the serious injury of the plaintiff state, a paragraph setting up possible interference with water power development, but not showing any existing or definitely projected use of the waters for that purpose with which the diversions might interfere, should be stricken from the bill without prejudice. P. 490.

2. A suit for an injunction must rest on actual or presently threatened injury. Id.

3. This Court cannot consider abstract questions. Id.

Motion to strike a paragraph from the plaintiff’s bill, sustained.