delivered the opinion of the Court.
Complaining that the respondents had combined to fix prices and suppress competition in the sale of asphalt in violation of the Sherman Law, the State of Georgia, which each year purchases large quantities of asphalt for use in the construction of public roads, brought this suit to recover treble damages under § 7 of that Act, 26 Stat. 209, 210; 15 U. S. C. § 15. According to that section, “Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any district court of the United States . . . , and shall recover threefold the damages by him sustained . . .” Section 8 provides that “the word ‘person/ or ‘persons/ wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.” 26 Stat. 209, 210; 15 U. S. C. § 7.
*161
The District Court dismissed the suit on the ground that the State of Georgia is not a “person” under § 7 of the Act. Deeming the question controlled by
United States
v.
Cooper Corp.,
The only question in the
Cooper
case was “whether, by the use of the phrase 'any person,’ Congress intended to confer upon the United States the right to maintain an action for treble damages against a violator of the Act.”
The considerations which led to this construction are entirely lacking here. The State of Georgia, unlike the United States, cannot prosecute violations of the Sherman Law.
1
Nor can it seize property transported in defiance of it. And an amendment was necessary to permit suit for an injunction by others than the United States. See
Minnesota
v.
Northern Securities Co.,
The question now before us, therefore, is whether no remedy whatever is open to a State when it is the immediate victim of a violation of the Sherman Law. We can perceive no reason for believing that Congress wanted to deprive a State, as purchaser of commodities shipped in interstate commerce, of the civil remedy of treble damages which is available to other purchasers who suffer through violation of the Act. We have already held that such a remedy is afforded to a subdivision of the State, a municipality, which purchases pipes for use in constructing a waterworks system.
Chattanooga Foundry
v.
Atlanta,
Reversed.
I agree that this case is not ruled by our decision in
United States
v.
Cooper Corp.,
If the word “person” is to include a State as plaintiff, it must equally include a State as a defendant or the language used is meaningless. Moreover, when in § 8 Congress took the trouble to include as “persons” corporations organized under the laws of a State, the inference is plain that the State itself was not to be deemed a corporation organized under its own laws, any more than the United *164 States is to be deemed a corporation organized under its own laws.
It is not our function to speculate as to what Congress probably intended by the words it used, or to enforce the supposed policy of the Act by adding a provision which Congress might have incorporated but omitted.
Notes
In 1914.Congress rejected an amendment tp authorize the-Attorney General of any State to institute a criminal proceeding, in the name of the United States, to enforce the anti-trust laws. 51 Cong. Rec. 14519, 14527.
We put to one side the suggestion that if the Sherman Law gives a State a right of action, Article III of the Constitution would give this Court original jurisdiction of such a suit if a State saw fit to pursue its remedy here. If the district courts are given jurisdiction, a State may bring suit there even though under Article III suit might be brought here.
United States
v. California,
