The Washington times., 1920-03-22
SHIP INJUNCTION
UPHELD BY COURT
Motion OF United States Board
For Dissolution Of Order
Is 0verruled.
CONTINUED from First PsgsJ

ulshOlutlon OF the lnJJunCtloH, hhto'-
ney Archer cited two grounds. The
| nrst Was that the action In itself Is
in fact a suit against the United
states, and, second, that Mr.. Hearst
| had no ground upon which 10 base
the suit.
| In refutation OF this argument.
General Ansell declared the fallacy
| OF the Governments contention is re-
vealed by the question. What's the
| remedy"
what Ii to stop the sale OF our
warships by the Navy Department.
| he asked. Are the people OF the
United states To stand idly by with
| their hands tied helpless to ham an
| autocratic and arbitrary action such
as the sale OF these ships2"
Suit In Behalf OF a. 3.
General Ansell's contention was
that the action of Mr.. Hearst is not
a suit against the United States. but
United States. This argument was
assented by the court
In conclusion. General Ansell as
serted that the Supreme Court of the
United states had never presumed or
undertaken to do what the court is
| asked to do in the dissolution pro-
ceedings brought by the defendant
members OF the United States Ship
ping Board
Presents Initial Agreement.
Attorney Archer presented the I'M
tial argument on behalf of the Ship
ping Board contending that the ques-
ton involved in the proceedings Is
purely one of jurisdiction.
"1t is not "A judicial matter" he
declared. for the plaintiff has no
right to be adjudicated. Congress has
absolute power. The only way the
judiciary can act is when the offi-
cial involved is wrongdoer."
Replying TO this point counsel for
the plaintiff said that the suit is not
an action against the Government but
a suit to prevent an unlawful act by
an agent for the Government.
"It Is established in all but four
States" General Ansell declared. that
any taxpayer has standing in a court
of equity to prevent acts to the in
jury of that or any other taxpayer.
The situation Is summed up in the
preliminary statement OF the brief
filed today:
This suit was brought by plaintiff
in his capacity as a taxpayer Of the
United States, at great expense. to
restrain defendants from selling the
lid nlIIN littl VI snlpS
now owned by the United States-an
act which we contend to be not an act
of State but one taken by these de-
PENDANTS in transgression of the pow
ers of their office and in fragrant
violation of the Constitution and the
laws OF the United States. This Court
has already held, after thorough con-
sideration, that defendants are desti-
tute OF all power to sell these ships:
Notwithstanding which, and assuming
their lack OF authority, defendants
now contend that the courts are with
out power to prevent them from ac-
complishing their unlawful and in
furious purpose. The plain meaning
of the contention presented by their
motion to, dismiss is that these de
PENDANTS are above the law, and their
lawlessness the people of the United
States and this plaintiff must con-
tinuc to endure TO their irreparable
loss and injury.
THE defendants admit. by their
motion to dismiss, the allegations of
the bill of complaint that the eX-Ger-
man ships are worth a su min excess
of 100000 900: that by proper adver-
tisement sum in excess of that
amount would be realized: that they
contemplate selling these ships at a
80. ,.as,a -, ~ ,ronor,,, ,hn
1910 90 tho 1rni,aa S,a,as. IA ,ha,
such sale will be unfair and result
in irraparable loss and injury TO the
United states. the taxpayers thereof
and to the plaintif as such taxpayer.
I'm the face of such admissions de-
PENDANTS contend that their action
cannot be restrained by the courts,
and ask that the dill of complaint be
dismissed upon the Following
grounds
Grounds Of the Motion,
H., ..,,,. ,, ,., A., ~
80, IL, ~
u,l Io' ~ ,t,,,.,si ~" ,I
"uu ~ ,.',,ia,, ,,
any anu Suua' '"'' "e
w" ",S S"' pIain,Ie ,o,nar -, ,,,
I-ni,od States has no right to main
tain this suit to enjoin the dcfenda nj =
from doing an unlawful and uncon-
stitutionsl act resulting in great and
irreparable loss and injury to the
United states and the taxpayers
thereof including the plaintin as