The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-02-16
Text of Brief Filed By Hearst Attorneys To
Restrain Sale of Thirty u. S. Ships


In the supreme Court Of the Die
trict OF Columbia
William Randolph Hearst va The
shippIag Board and the Emerssncy
Fleet Corporation, Equity No. s'S'o'
RULE TO SHOW CAUSE.
TRIAL BRIEF FOR PL1AINTiFF.
STATEMENT.
The defendants herein assert the
right and authority to sell the ex'
German ships that were taken over ~
the United States by virtue OF the
Joint resolution of Congress approved
May IL. 1917. and are exercising. or
are about To exercise, such authority.
1t can hardly be SO seriously cues
toned as TO become an Issue OF fact
In this case that the defendants had
resolved to make the sale and had
nxed upon q date for the sale, which
date they first fxed for last Wednes-
day, then last Thursday. and then
postponed until 10 o'clock this morn
ing. 1t 10 now said that the defend
ants are only to receive bids" today
and that whether they Will. actually
proceed to sell the ships depends upon
the bids received.
Receiving bids which have been In
vited 10 the frst step in a consummat-
cd sale and must be SO offended by
the defendants and understood by the
bidders, otherwise defendants are en-
gagged in q futile and harmful avoca-
ton, which, when Its real character
be made known, will subject defend
ants to the ridicule Of the public and
to the resentment of bona fide bidders.
The plaintiff asks that the defend
ants be restrained from selling the
ships, or taking any steps In the sale
81 ~. he nd ha r =
without legal authority to sell them.
II defendants are without. authority
to sell. they are likewise without
authority to invite, receive, consider.
or In any way act upon bona fde bids,
for these are but steps In the sale.
i.
THE UNITED STATES HAVING
TAKEN TITLE TO THESE VESSELS.
THEY ARE THE PROFERTY OF
THE UNITED STATES AND ONLY
CONGRESS CAN SELL THEM OR
AUTHORIZE THEM TO BE SOLD.
There Is no question that the title
to these vessels IL In the United
States and that they are the proper
ty of the United States.
, Article 4, Section 8, Of the Consti-
tuition provides that:
1.-The Congress shall hsve power to
dispose OF and make all needful rules
and regulations respecting the terri
tory or other property belonging to
the United States"
This power Of Congress IL excfu-
sive. Decisions are here cited to
prove this contentfon-)
The power to sell the property of
the United States being vested with
out limitation in Congress and bc-
N CnnOreaa ~
cannot be exercised except by author
ity of Congress. See United States v.
Fitzgerald; California ". Deseret
Water Company; and Utah Power
Company v. United States. supra. -.
AUTHORITY TO SELL THE PROP.
ERTY OF THE UNITED STATES
MUST BE GRANTED IN CLEAR AND
UNMIsTAKABI.E LANGUAGE.
This Is 80 in all principle. Grants
of power cannot vest by doubtful I'm
plication. Public corporations, officers
and agents must be sble to point out
their power derived from the sover-
eign. Neither the President nor any
of the executive officers of the several
departments Of the Government can
sell. public property, for any purpose
al
without the clear and explicit author
ity of Congress. (Three decisions
here quoted, to sustain argument.)
These defendants, therefore, who
claim the right 20 sell these ships
should be made to put their finger on
their authority, and that authority
must be found to be clear and ex-
piicit. s.g. e, .....'
III.
CONGRESS HAS NOT AUTHOR
IZED, THESE DEFENDANTS OR ANY
OTHER OFFICERS OR AGENTS TO
SELL THESE SHIPS.
The United States acquired titles to
these ships by. virtue. of the action
OF the President taken under the
Joint resolution Of Congress approved
May ~, 1917 40 Stats. 75),. which is
as follows. D..
"Section 1. That the President
be. and he is hereby. \authorized
TO take over to the United States
the immediate possession and title
of any vessel within the jurisdic-
ton thereof, Including the Canal
Zone and, all Territories and in
sular possessions Of the United
States except the American Vir-
gin Islands, which at the time of
coming INTO SuCn JuflsuiCtloH was
owned in whole or in part by any
corporation, .citizen. or subject
of any nation with which the
United States may be at war
when such vessel shall be taken.
or was flying the flag of or was
under register of any such nation
or any political subdivision or
municipality thereof; and, through
the United States Shipping Board,
or any department or agency Of d.
the Government, to operate, lease,
charter, and equip. such vessel in
any service of the United States,
or in any commerce, foreign or
coastwise.
"Sec. g. That the Secretary Of
the Navy be. and he Is hereby,
authorized and directed to ap-
point. subject to the approval of
the President. a board OF survey,
whose duty 1t shall be to ascer-
tain the actual value OF the YES
sci, its equipment, appurtenances,
and all property contained there
H. - tho time of its taking and