Sochis v. United States

• Decision Date: 11 June 1920
• Docket Number: 6606.
• Citation: Sochis v. United States, 266 F. 446 (E.D. Pa. 1920)
• Parties: SOCHIS et al. v. UNITED STATES.
• Court: U.S. District Court — Eastern District of Pennsylvania

266 F. 446

SOCHIS et al. v. UNITED STATES.

No. 6606.

United States District Court, E.D. Pennsylvania.

June 11, 1920

Prichard Saul, Bayard & Evans, of Philadelphia, Pa., for plaintiffs.

Charles D. McAvoy, U.S. Atty., of Philadelphia, Pa.

DICKINSON District Judge.

This proceeding, although in the form of a petition, is really an action at law to recover the damages sustained by the plaintiff through the exercise of the right of domain vested in and exercised by the defendant.

The question raised by the demurrer is the one of the jurisdiction of this court to judicially determine the cause. The practically wise thing is to have the question decided now, thus saving the parties the trouble, delays, and expense of trial, if the court has no authority to decide the question which the parties wish to have determined.

The general question of jurisdiction is Janus-faced. As affecting courts of the United States, two questions may be involved. One is whether the court as a court has jurisdiction, and the other is whether as a federal court it has jurisdiction. As the United States is a party, no question is raised with respect to the federal feature of the general question of jurisdiction. If the United States were not a party, but the defendant were a corporation, vested with the power of eminent domain, no doubt could arise as to the jurisdiction of a court to entertain an action brought to determine what should be recovered by way of compensation for property taken in the exercise of the right of eminent domain. As the United States is a party, the action, if any, may be brought in this court, if it can be brought at all. Again, as the United States is a party, no action can be brought unless the United States has consented to the bringing of the action, and then it must be brought in that tribunal and in that form which Congress may have prescribed as conditions of its consent to be sued.

There is no criticism of the form of procedure, and no denial that the United States has given to the plaintiff a right of action. The sole question is whether the United States has given its consent that the proceedings may be had in a District Court of the United States, or whether they have limited the right to bring proceedings to proceedings brought in the Court of Claims.

There are a number of different acts of Congress which directly or more remotely bear upon the question. The view we have taken of it renders it unnecessary to inquire into the phraseology of these different acts of Congress. That view is that the United States has recognized that citizens may have claims against the United States which, if...