271 U.S. 528 (1926), 309, Alejandrino v. Quezon

Docket Nº:No. 309
Citation:271 U.S. 528, 46 S.Ct. 600, 70 L.Ed. 1071
Party Name:Alejandrino v. Quezon
Case Date:June 07, 1926
Court:United States Supreme Court

Page 528

271 U.S. 528 (1926)

46 S.Ct. 600, 70 L.Ed. 1071




No. 309

United States Supreme Court

June 7, 1926

Submitted May 4, 1926




1. The Jurisdictional Act of September 6, 1916, repealed the provision of the Philippine Autonomy Act giving this Court jurisdiction to review by writ of error the final judgments of the Supreme Court of the Philippine Islands in cases involving the Constitution, or any statute, treaty, title, or privilege of the United States or where the value in controversy exceeds $25,000, and substituted a review of such judgments by certiorari. P. 529.

2. The questions whether a member of the Philippine Senate appointed by the Governor General under the Autonomy Act could be suspended by the elected members, and whether, if their action were invalid, the Supreme Court of the Islands, in this suit against

Page 529

those members, had jurisdiction to require them, by mandamus or injunction, to readmit him as an active member became moot in this case, owing to the expiration of the period of suspension, and no other question being involved save the incidental one of the petitioner's right to recover unpaid salary during the period of suspension, and that being an issue concerning which the present petition fails to furnish sufficient information to enable the court, in any event, to afford a remedy, and one, furthermore, which would properly be tried in a separate proceeding against some executive officer or officers charged with the ministerial duty of paying such salary, the cause as a whole must be treated as moot, and, following the established practice of this Court, the judgment below, dismissing the petition for want of jurisdiction is vacated, and the cause remanded with directions to dismiss the petition, without costs. P. 532.

Certiorari to a judgment of the Supreme Court of the Philippines dismissing, for want of jurisdiction, an original proceeding, for injunction and mandamus brought by an appointed member of the Senate of the Islands, against its twenty-two elected members, including its President, and its Secretary, its Sergeant at Arms, and its Paymaster, in which the petitioner challenged the validity of a resolution of the Senate suspending him from the prerogatives, privileges, and emoluments of his office during one year from January 1st, 1924, and sought to have it set aside and recognition of his rights as Senator enforced. The judgment below was entered on September 22, 1924.

TAFT, J., lead opinion

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court. *

This cause was brought here by certiorari under § 5 of the Act of September 6, 1916, to amend Judicial Code,

Page 530

  1. 448, 39 Stat. 726. That Act repealed § 248 of the Judicial Code, reenacted by § 27 of the so-called Philippine Autonomy Act, c. 416, 39 Stat. 545, 555, which gave jurisdiction to this Court to examine by writ of error the final judgments and decrees of the Supreme Court of the Islands in all cases in which the Constitution or any statute, treaty, title, or privilege of the United States was involved, or in causes in which the value in controversy exceeded $25,000, and a review of such judgments by writ of certiorari was substituted. The certiorari here was granted because a statute of the United States, to-wit, the Autonomy Act, was involved.

This proceeding was an original action in [46 S.Ct. 601] the Supreme Court of the Philippines, brought by Jose Alejandrino, a Senator appointed by the Governor General, seeking a mandamus and an injunction against the 22 elected members of the Senate, including its president, its secretary, its sergeant at arms, and its paymaster. The occasion for the proceeding was a resolution of the Senate, passed February 5, 1924, and reading as follows:

Resolved, that the Honorable Jose Alejandrino, Senator from the Twelfth district, be, and he is hereby, declared guilty of disorderly conduct and flagrant violation of the privileges of the Senate for having treacherously assaulted the Honorable Vicente de Vera, Senator for the Sixth district, on the occasion of certain phrases being uttered by the latter in the course of the debate regarding the credentials of said Mr. Alejandrino;

Resolved, further, that the Honorable Jose Alejandrino be, as he is hereby, deprived of all of his prerogatives, privileges and emoluments as such Senator during one year from the first of January, nineteen hundred and twenty-four;

And resolved, lastly, that the said Honorable Jose Alejandrino, being a Senator appointed by the Governor General of these Islands, a copy of this resolution be furnished said Governor General for his information.

Page 531

The petitioner charged that this resolution was unconstitutional and of no effect, and asked a preliminary injunction against the respondents enjoining them from executing the resolution, a judicial declaration that it was null and void, and a final order of...

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