Commercial Cable Co. v. Burleson, 250 U.S. 360 (1919)

Commercial Cable Co. v. Burleson


No. 815, 816


Argued March 7, 1919
Decided June 9, 1919
250 U.S. 360

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Appellants’ suits to enjoin the Postmaster General from interfering with their cable properties upon the ground that requisition of these by the President, followed by assumption of possession and control by the defendant, was in excess or abuse of the power given by the Joint Resolution of July 16, 1918, c. 154, 40 Stat. 904, and not attended by adequate provision for compensation, became moot when, by the President’s authority, the properties were restored to them, together with the revenues, admittedly sufficient compensation, derived therefrom during government operation. P. 362.

Apprehension that the alleged wrongs may be repeated and that the revenues may be claimed by the United States does not preserve the justiciable quality of these cases. Id.

The dismissal of the bills by the district court for want of equity, upon a holding that compensation was adequately provided for and that the other objections were nonjusticiable was such a rejection of the appellants’ asserted right as necessitates a reversal with directions to dismiss without prejudice and without costs. Id.United States v. Hamburg-American Co., 239 U.S. 466.

255 F. 99 reversed.

The cases are stated in the opinion.