Lewis v. Hines

So far as the questions transferred are concerned, the two cases may be treated as one. It being conceded that the wrong complained of was done before federal control of railroads began, it follows that the suit against the director-general could not, ordinarily, be maintained. But it is insisted that the defendant has so conducted as- to be estopped to set up this defence, or that the defence has been waived.

The defendant is really the United States; and no suit against the government can be maintained, except when the right has been conferred by federal authority. Whatever right there is to…