George Sutherland

“ If it be urged that the United States is an indispensable party, and hence that the court may not proceed even to inquire whether the bill states a cause of action, the answer is that good sense suggests precisely the contrary. ”

“ For a mere inspection of the bill at once discloses that it states no cause of action and, therefore, the United States is not an indispensable party, since it cannot be prejudiced by, and has no interest requiring protection in, a proceeding which at the threshhold is seen to be without substance. Nothing is to be gained by an inquiry into the status of absent parties when it is certain upon the face of complainant's bill that in no event will he be entitled to a decree in his favor. ”

“ This is a suit brought by petitioner against respondents to have impressed in his favor a trust in respect of a portion of a lease, executed by the United States, of oil and gas lands in the State of California.
The bill alleges that petitioner, since March, 1919, has been the owner and in possession of certain legal subdivisions of section 30, township 21 south, range 17 east, Mount Diablo Meridian, Fresno county, California, embracing 322.89 acres ”