Warren Wilson v. Leslie Shaw

• Decision Date: 07 January 1907
• Docket Number: No. 43,43
• Citation: 27 S.Ct. 233,204 U.S. 24,51 L.Ed. 351
• Parties: WARREN B. WILSON, Appt., v. LESLIE M. SHAW, Secretary of the Treasury
• Court: U.S. Supreme Court

204 U.S. 24

27 S.Ct. 233

51 L.Ed. 351

WARREN B. WILSON, Appt.,

v LESLIE M. SHAW, Secretary of the Treasury.

No. 43.

Argued and submitted October 19, 1906.

Decided January 7, 1907.

In a general way it way be said that this is a suit brought in the supreme court of the District of Columbia by the appellant, alleging himself to be a citizen of Illinois and the owner or property subject to taxation by the United States to restrain the Secretary of the Treasury from paying out money in the purchase of property for the construction of a canal at Panama, from borrowing money on the credit of the United States, from issuing bonds or making any payments under the act of Congress, June 28, 1902 (32 Stat. at L. 481, chap. 1302, U. S. Comp. Stat. Supp. 1905, p. 707), providing for the acquisition of property and rights from Colombia and the canal company, and the construction and operation of the canal and the Panama railroad. The Republic of Panama and the New Panama Canal Company of France were named parties defendant, but they were not served with process and made no appearance. A demurrer to the bill was sustained, and the bill dismissed. This decree was affirmed by the court of appeals, from whose decision this appeal was taken.

Mr. Warren B. Wilson, in propria persona, for appellant.

[Argument of Counsel from pages 25-28 intentionally omitted] Solicitor General Hoyt, Assistant Attorney General Russell, and Mr. Glenn E. Husted for appellee.

Statement by Mr. Justice Brewer:

[Argument of Counsel from pages 28-30 intentionally omitted] Mr. Justice Brewer delivered the opinion of the court:

If the bill was only to restrain the Secretary of the Treasury from paying the specific sums named therein, to wit, $40,000,000 to the Panama Canal Company, and $10,000,000 to the Republic of Panama, it would be sufficient to note the fact, of which we may take judicial notice, that those payments have been made, and that whether they were rightfully made or not is, so far as this suit is concerned, a moot question. Cheong Ah Moy v. United States, 113 U. S. 216, 28 L. ed. 983, 5 Sup. Ct. Rep. 431; Mills v. Green, 159 U. S. 651, 40 L. ed. 293, 16 Sup. Ct. Rep. 132; American Book Co. v. Kansas, 193 U. S. 49, 48 L. ed. 613, 24 Sup. Ct. Rep. 394; Jones v. Montague, 194 U. S. 147, 48 L. ed. 913, 24 Sup. Ct. Rep. 611.

But the bill goes further and seeks to restrain the Secretary from paying out money for the construction of the canal, from borrowing money for that purpose and issuing bonds of the United States therefor. In other words, the plaintiff invokes the aid of the courts to stop the government of the United States from carrying into execution its declared purpose of constructing the Panama canal. The magnitude of the plaintiff's demand is somewhat startling. The construction of a canal between the Atlantic and Pacific somewhere across the narrow strip of land which unites the two continents of America has engaged the attention, not only of the United States, but of other countries, for many years. Two routes, the Nicaraugua and the Panama, have been the special objects of consideration. A company chartered under the laws of France undertook the construction of a canal at Panama. This was done under the superintendence and guidance of the famous Ferdinand de Lesseps, to whom the world owes the Suez canal. To tell the story of all that was done in respect to the construction of this canal, prior to the active intervention of the United States, would take volumes. It is enough to say that the efforts of De Lesseps failed. Since then Panama has seceded from the Republic of Colombia and established a new republic, which has been recognized by other nations. This new republic has by treaty granted to the United States rights, territorial and otherwise. Acts of Congress have been passed providing for the construction of a canal, and in many ways the executive and legislative departments of the government have committed the United States to this work, and it is now progressing. For the courts to interfere, and, at the instance of a citizen, who does not disclose the amount of his interest, stay the work of construction by stopping the payment of money from the Treasury of the United States therefor, would be an exercise of judicial power which, to say the least, is novel and extraordinary.

Many objections may be raised to the bill. Among them are these: Does plaintiff show sufficient pecuniary interest in the subject-matter? Is not the suit really one against the government, which has not consented to be sued? Is it any more than an appeal to the courts for the exercise of governmental powers which belong exclusively to Congress? We do not stop to consider these or kindred objections; yet, passing them in silence must not be taken as even an implied ruling against their sufficiency. We prefer to rest our decision on the general scope of the bill.

Clearly there is no merit in plaintiff's contentions. That, generally speaking, a citizen may be protected against wrongful acts of the government affecting him or his property may be conceded. That his remedy is by injunction does not follow. A suit for an injunction is an equitable proceeding, and the interests of the defendant are to be considered as well as those of the plaintiff. Ordinarily it will not be granted when there is adequate protection at law. In the case at bar it is clear not only that plaintiff is not entitled to an injunction, but also that he presents no ground for any relief.

He contends that whatever title the government has was not acquired as provided in the act of June 28, 1902, by treaty with the Republic of Colombia. A short but sufficient answer is that subsequent ratification is equivalent to original authority. The title to what may be called the Isthmian or canal zone, which, at the date of the act, was in the Republic of Colombia, passed by an act of secession to the newly formed Republic of Panama. The latter was recognized as a nation by the President. A treaty with it, ceding the canal zone, was duly ratified. 33 Stat. at L. 2234. Congress has passed several acts based upon the title of the United States, among them one to provide a temporary government (33 Stat. at L. 429, chap. 1758, U. S. Comp. Stat. Supp. 1905, p. 711); another, fixing the status of merchandise coming into the United States from the canal zone (33 Stat. at L. 843, chap. 1311, U. S. Comp. Stat. Supp. 1905, p. 394); another, prescribing the type of canal (34 Stat. at L. 611, chap. 3597). These show a full ratification by Congress of what has been done by the Executive. Their concurrent action is conclusive upon the courts. We have no supervising control over the political branch of the government in its action within the limits of the Constitution. Jones v. United States, 137 U. S. 202, 34 L. ed. 691, 11 Sup. Ct. Rep. 80, and cases cited in the opinion; Re Cooper, 143 U. S. 472, 499, 503, 36 L. ed. 232, 240, 242, 12 Sup. Ct. Rep. 453.

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