William Howard Taft

Name: Goltra v. Weeks — Opinion of the Court
Author: William Howard Taft

Summary

“Goltra v. Weeks — Opinion of the Court”, is a work by William Howard Taft. It explores elements such as the United States, Goltra and lessor.

Quotes from Goltra v. Weeks — Opinion of the Court (William Howard Taft)

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ If it was a trespass, then the officers of the government should be restrained whether they professed to be acting for the government or not. Neither they nor the government which they represent could trespass upon the property of another, and it is well settled that they may be stayed in their unlawful proceeding by a court of competent jurisdiction, even though the United States for whom they may profess to act is not a party and can not be made one. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ Theoretically, everybody in this land is subject to the law. But of what value is the theory, if performances like those revealed by this record go unrebuked? An army officer, having inflated himself into judge and executioner, decided that a fleet of towboats and barges lying in the Mississippi river at St. Louis ought no longer to remain in the custody of a private citizen, who held possession of them under a solemn lease and contract of sale from the United States, and who, in order to make them operative, had expended upon them $40,000 of his own money. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ Of course the Chief Engineer is not the real party in interest. He is a professional expert, as such was designated as lessor, and is really acting only as an agent for the government. But, even if this were a stipulation between private individuals, judgment of one of the parties on such an issue would be in the absence of bad faith conclusive. There are many cases where the contract makes the satisfaction of one of the parties in respect to compliance the condition precedent to fulfillment, and good faith is all that is required to justify rejection of work or product tendered. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ It is easy enough for us to smile at such stuff, but, unfortunately, the evil effects are not dissipated by gentle gestures. There should be condemnation forceful enough to prevent repetition so long as men have eyes to read.
In the Circuit Court of Appeals Judge Sanborn presented a well-considered dissenting opinion and pointed out that the only judicable question before that court was whether or not the order for the injunction and the record disclosed an unlawful, improvident or abusive use of the sound discretion which the trial judge was required to exercise. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ In March, 1922, the Secretary of War notified him that he could not approve any operation on the lower Mississippi entering into competition with the government Mississippi Warrior line, and that he could not approve an 80 per cent. rate there. In April, 1922, Goltra objected to the limitation, saying that he had obligated himself to transport coal from Kentucky and managanese and oil from New Orleans at this rate. Thereupon the Secretary of War advised him that the rate on the lower Mississippi must be raised from 80 per cent. to 100 per cent. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ Our conclusion is based on the law as it is administered between private persons. Col. Ashburn took possession without notification to Goltra other than that which had been communicated to him by the Secretary of War terminating the contract, and it is clear from the evidence that Col. Ashburn was anxious to take possession of the property before a writ of injunction could be sued out by Goltra, and that he sought to take the fleet out of the jurisdiction of the court where he feared the injunction. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ The lease to Goltra was made May 28, 1919, by Gen. Black, Chief of Engineers, as the lessor, by direction of the Secretary of War, acting for the United States. It leased 19 barges, nearing completion, and 3 or 4 towboats, not yet constructed, for a term of five years from the date the first towboat or barge was delivered to the lessee. ”

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Source: Wikisource

William Howard Taft, Goltra v. Weeks — Opinion of the Court

“ In that case, the complainant owned an island in the Ohio river around which the duly authorized officers of Pennsylvania had located a harbor line, which by statute was declared to be forever firm and stable. ”

William Howard Taft

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