United States In re Nineteen Barges and Four Towboats
Citation | 68 L.Ed. 351,263 U.S. 389,44 S.Ct. 130 |
Decision Date | 10 December 1923 |
Docket Number | No. 23,23 |
Parties | Petition of the UNITED STATES. In re NINETEEN BARGES AND FOUR TOWBOATS |
Court | United States Supreme Court |
The Attorney General and Mr. Lon O. Hocker, of St. Louis, Mo., for the United States.
Messrs.
Joseph T. Davis and Douglas W. Robert, both of St. Louis, Mo., for respondents.
Motion on part of the United States, as asserted owner of nineteen barges and four towboats, praying a writ of prohibition to be directed to Hon. C. B. Faris, a judge of the District Court, Eastern Division of the Eastern Judicial District of Missouri, and the other judges thereof, to prohibit him and them from asserting and exercising jurisdiction in a certain suit brought March 25, 1923, by Edward F Goltra against John W. Weeks, Secretary of War. and other officers of the United States, in which it was averred that a contract was made between the United States, represented by Maj. Gen. William M. Black, Chief of Engineers of the United States Army, as lessor and Goltra, as lessee, whereby the boats and barges (then under construction) by the United States were leased and chartered to Goltra for the period of five years from the date of delivery of the boats and barges to him, Goltra, upon the payment of certain periodical rentals and a compliance by Goltra with other terms and conditions.
The suit by Goltra, the pleadings in which are detailed in the petition, was brought to determine his rights under the contract and a supplement to it.
The contract was preceded by negotiations between Goltra and representatives of the government, particularly with the War Department and the then Secretary of War, which included among other things the construction of a fleet of towboats and barges in the then emergency of war But after the signing of the Armistice when the emergency of war had ceased, other negotiations were had between Goltra and the War Department and the Secretary of War, and a lease was made, the contract above, whereby the boats and barges were leased to Goltra, by him to be operated on the Mississippi river and its tributaries as a common carrier, he to pay all operating expenses, to take out fire and marine insurance, and incur and discharge other obligations.
On May 26, 1921, the supplement to the contract was entered into between Maj. Gen. Beach, then Chief of Engineers of the United States Army, the successor of Black.
On March 3, 1923, Weeks, as Secretary of War, undertook to cancel the contract for the noncompliance by Goltra, as lessee, with its terms and conditions, and demanded the return of the boats and barges to the United States, and the defendants on March 25, 1923, unlawfully took possession of some, and were about to take possession of the remainder of them.
There was a prayer by Goltra for a temporary restraining order against such action, or against any action interfering with his possession. There was also a prayer for a temporary injunction against any act whatsoever looking to the cancellation and termination of the lease, or the retention of the boats and barges taken before the attempted cancellation of the contract. The prayer was, that upon final hearing, a decree be entered in favor of Goltra to determine his rights under the contract and to perpetually enjoin the defendants from interfering in any way with his rights thereunder.
A mandatory order was issued as prayed, and an order to show cause why a temporary injunction should not be issued.
In response to the order to show cause the Attorney General filed suggestions against the...
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