State v. Toll, 268 U.S. 228 (1925)

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF COLORADO

Syllabus

1. A proper remedy for a state which claims that acts of a federal official are without authority and derogate from its quasi-sovereign authority is to by bill in equity in the federal court to restrain him as an individual, without joining his superior officers or the United States. P. 230.

2. A decree of the district court dismissing a bill brought by a state complaining of an infringement of its right in the highways and of other reserved powers held to involve construction of the Constitution and to be appealable directly to this Court. Id.

3. The Act of January 26, 1915, creating the Rocky Mountain National Park did not authorize federal regulation of automobile traffic inconsistent with the right of the State of Colorado over traffic on her roads traversing the park area. Id.

4. It will not be assumed, without proof and in face of the state’s bill to the contrary, that this right of the state has been ceded to the United States. P. 231.

Reversed.

Appeal from a decree of the district court dismissing a bill by which the State of Colorado sought to enjoin the superintendent of a national park from carrying out certain park regulations, particularly with regard to automobile traffic, alleged to be unauthorized by Congress and in derogation of the rights and powers of the state.