McCandless v. Pratt, 211 U.S. 437 (1908)

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McCandless v. Pratt


No. 109


Argued November 6, 9, 1908
Decided December 21, 1908
211 U.S. 437

ERROR TO THE SUPREME COURT
OF THE TERRITORY OF HAWAII

Syllabus

The jurisdiction of this Court can only be invoked by a party having a personal interest in the litigation. Smith v. Indiana, 191 U.S. 138. A writ of error will not lie to review a judgment of the Supreme Court of Hawaii dismissing the bill in a suit brought by a taxpayer to enjoin the land commissioner from an alleged unauthorized use of public lands where it does not appear that complainant would be personally injured by the threatened use.

Quaere, and not decided, whether any citizen and taxpayer has a right to maintain a suit in the courts of Hawaii to enjoin the land commissioner from acts involving unauthorized use of public land, or whether, if that right exists, a personal loss to complainant must appear.

Quaere, and not decided, whether the land laws of Hawaii are federal statutes within the meaning, and by virtue of § 83 of the Organic Act of April 30, 1900, 31 Stat. 141, c. 339, so that their construction involves a federal question.

Writ of error to review 18 Haw. 221 dismissed.

The facts are stated in the opinion.