Creighton v. Air Nitrates Corporation, 8 Div. 474.

• Court: Supreme Court of Alabama
• Writing for the Court: MILLER, J.
• Citation: 208 Ala. 330,94 So. 356
• Parties: CREIGHTON v. AIR NITRATES CORPORATION.
• Docket Number: 8 Div. 474.
• Decision Date: 26 October 1922

94 So. 356

208 Ala. 330

CREIGHTON
v.
AIR NITRATES CORPORATION.

8 Div. 474.

Supreme Court of Alabama

October 26, 1922

Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge.

Action for work and labor by Robert W. Creighton against Air Nitrates Corporation. After adverse ruling on the pleadings plaintiff took a nonsuit and appeals. Affirmed. [94 So. 357]

William L. Chenault, of Russellville, for appellant.

Andrews & Peach, of Sheffield, for appellee.

MILLER, J.

Robert W. Creighton, the appellant, sues the Air Nitrates Corporation, a corporation, the appellee, under the common counts, for work and labor done by him for it.

The defendant filed 13 pleas; the plaintiff demurred to each; these demurrers were all overruled by the court; the plaintiff took a nonsuit on account of the adverse rulings of the court to him on the pleadings. The court granted the nonsuit, entered judgment dismissing the case and taxing plaintiff with the court cost. This appeal is prosecuted from that judgment by the plaintiff; and the judgment of the court sustaining the demurrers to each plea are the errors assigned. Two of the pleas, 1a and 2a, are the general issue. The other 11 pleas are special. These special pleas challenge the jurisdiction of the court, and are in bar of the prosecution of the suit. They aver in various forms and terms that plaintiff was an employé of the United States, and not of the defendant; that the defendant was acting solely and purely as agent of the United States for the purpose of carrying out a governmental function; it had no interest in the plant or quarry where plaintiff worked; the wages and salaries were paid the employés by the United States through the defendant as its agent. Of all these pleas, that one lettered (d) states fairly the special defense as follows:

"(d) The suit in this case is in effect a suit against the United States, and is brought without its consent, and this court is without jurisdiction to determine the same for the reason that the work and labor alleged to have been done for the defendant, and the service alleged to have been rendered for it, were rendered in and about the construction of a nitrate plant for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizer and other useful products, and the said quarry was being operated under an act of Congress of June 3, 1916, which is as follows: 'The President of the United States is hereby authorized and empowered to make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also hereby authorized and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the purposes of this act; and is further authorized to construct, maintain and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses and other plants and equipment or other means than water power, as in his judgment is the best and cheapest necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. The President is authorized to lease, purchase, or acquire by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of said plant, and to take from any lands of the United States, or to purchase or acquire by condemnation, materials minerals and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. The President is hereby authorized and

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