Evening star., 1920-03-22
COURT UPH0LDS THE
ORDER F0RB|DD|NG
SEIZED SHIPS SALE
Justice Bailey Declines to
Dissolve Injunction Granted
to William R. Hearst.

Justice Bailey of the District Su-
premc Court today declined to dis
solve the temporary Injunction grant
ed to William Randolph Hearst to
prevent the Shipping Board from
selling the twenty-nine former Ger
man ships taken over during the war.
The court took under consideration
the motion of the Shipping Board to
dismiss the suit on the grounds that
it Ia in effect against, the United
States. and that Mr.. Hearst has no
s,ich interest. in the matter as would
eptitle him to maintain action.
= BY consent of counsel the name
of Admiral w. s. Benson, now head
Of the Shipping Board, was substi.
tuted in the Injunction in place OF
John Barton Payne, now Secretary
of the Interior.
Contention OF U. 9. Attorneys.
United States Attorney Laskey and
Assistant United States Attorney
Archer in their argument contended
that Mr.. Hearst as taxpayer has nc
such interest in the subject matter OF
the controversy as to. maintain the pro-
ceeding. Even If such interest be
admitted, they urged, the government
is the only one to be injured by the
sale of the ships and the suit then il
the jurisdiction of the District Su-
preme Court. Finally they contended
that, if Jurisdiction be taken. the suit
should be dismissed for failure to
make the United States a party to the
proceedings.
From the beginning of the United
States Supreme Court to the present
date. governments counsel stated, no
judgment has been rendered against
an officer of the United States con-
trolling property Of the government
in his hands. except where the officer
was a wrongdoer or had failed to
perform a purely ministerial duty.
the Shipping Board, it was stated.
Termed "PoliticaI Case.o
In closing his argument for the Ship
Laskey said that the case is political
one in the determination Of which the
courts are powerless. Whether the
government sells or retains these ships,
he urged, ''is for Congress to decide, and
already several weeks have elapsed
without any action by that body in way
of condemnation of the proposed sale. "
Counsel for Mr.. Hearst claimed that
decisions of the United States Supreme
Court establish, beyond controversy, that
a suit against an official, who is seek
ing to do an unlawful and unconstitu-
uonal act, Is not suit against the Unit
ed States. They urged as we'll settled
law the right of a taxpayer to maintain
a suit against the United States. only
four states, they said, having questioned
the right.
Counsel for Mr. Hearst asserted
that If he cannot maintain this suit
then the members of the Shipping
Board may do as they please. unre-
strained by law and to the utmost in
jury of the nation and its taxpayers.
Says Board Could Sell Navy.
For instance" said counsel. they
have claimed in argument the power
to sell the United States Navy, all
United States transports, all United
States ships of every description. and
they could. If so disposed, proceed to
exercise such power to the great and
irreparable injury of all taxpayers"
Sale of the ships has been enjoined
by the court under bond of $4,000
given by Mr.. Hearst. The Shipping
Board has asked the dissolving of the
injunction.