Missouri v. Illinois

Background

A State sought to recover costs after losing a prior case; the bill listed specific charges including $5,650 for a special commissioner, $3,776.37 for taking down and transcribing defendant witnesses, and $720 in solicitor fees, totaling $10,146.37. The State objected to paying costs, and the Clerk sent the dispute to this Court. The State also argued that its sovereign dignity and the boundary nature of the dispute meant it should not be required to pay costs. The original suit alleged serious pecuniary harm from deposit of filth on part of the Mississippi river bed that the State claimed as its own.

Reasoning

The Court first confirmed that it has authority to allow costs and noted that prior orders and the parties' stipulation expected costs to be taxed by the Court. The opinion rejected the idea that a State's dignity alone bars costs and explained that boundary cases do not automatically prevent cost awards. The Court treated this suit as like a private nuisance suit alleging money loss, so the losing party should face usual cost consequences. The only detailed dispute was whether testimony taken before an examiner counts as a deposition under the statute. The Court found the statute broad enough and the burden on parties similar to taking depositions, distinguishing such examiner testimony from in-court reporter transcripts, and therefore allowed that item.

Real world impact

The Court granted the motion, allowing the listed costs to be taxed and recovered. Practically, a State may be required to pay commissioner fees, transcription costs, solicitor items, and $2.50 per witness for examiner testimony treated as depositions. This decision resolves those bill items but does not address the merits of the original nuisance dispute.