U.S. Supreme Court STATE OF ALABAMA v. STATE OF ARIZONA, 291 U.S. 286 (1934)

[Page 291 U.S. 286, 292]

Our decisions definitely establish that not every matter of sufficient moment to warrant resort to equity by one person against another would justify an interference by this court with the action of a state. Missouri v. Illinois, 200 U.S. 496, 520, 521 S., 26 S.Ct. 268; New York v. New Jersey, 256 U.S. 296, 309, 41 S.Ct. 492; North Dakota v. Minnesota, 263 U.S. 365, 374, 44 S.Ct. 138. Leave will not be granted unless the threatened injury is clearly shown to be of serious magnitude and imminent. Missouri v. Illinois, supra, page 521 of 200 U.S., 26 S.Ct. 268. In the absence of specific showing to the contrary, it will be presumed that no state will attempt to enforce an unconstitutional enactment to the detriment of another. Cf. Ex parte La Prade, 289 U.S. 444, 458, 53 S.Ct. 682. The burden upon the plaintiff state fully and clearly to establish all essential elements of its case is greater than that generally required to be borne by one seeking an injunction in a suit between private parties. Connecticut v. Massachusetts, 282 U.S. 660, 669, 51 S.Ct. 286.

Plainly the amended bill does not meet the requirements that reasonably should be imposed upon the applicant. It fails to show that Alabama has any agreement with any defendant or that there is any direct issue between them or that the validity of the statutes in question and Alabama's assertion of right may not, or indeed will not, speedily and conveniently be tested by the contracting company, that apparently is directly concerned, or by a seller of such goods. Cf. Louisiana v. Texas, supra, pages 18, 22 of 176 U.S., 20 S.Ct. 251. There is no allegation that an adequate market for the goods in question may not be found outside the five states named. The facts alleged are not sufficient to warrant a finding that the enforcement of the statutes of any defendant would cause Alabama to suffer great loss or any serious injury. If filed, the bill would have to be dismissed for want of equity. Florida v. Mellon, , 47 S.Ct. 265.

Leave denied.

Mr. Justice STONE concurs in the result.