Joseph McKenna

“ Prohibition is a remedy of exigency and in exclusion of other process of relief. It is directed against unwarranted assumptions of jurisdiction or excesses of it. In some cases there may be instant judgment that such is the situation and the writ granted. In other cases there may be doubt and the writ denied. Ex parte Muir, 254 U.S. 522, 534, 41 Sup. Ct. 185, 65 L. Ed. 383. And doubt in the instant case would seem to be justified, for two District Courts have decided that, under circumstances such as presented in this case, it does not involve or constitute a suit against the United States. ”

“ Gen. William M. Black, Chief of Engineers of the United States Army, as lessor and Goltra, as lessee, whereby the boats and barges (then under construction) by the United States were leased and chartered to Goltra for the period of five years from the date of delivery of the boats and barges to him, Goltra, upon the payment of certain periodical rentals and a compliance by Goltra with other terms and conditions. ”