larson domestic foreign commerce corporation argued november decided june rehearing denied see larson domestic foreign commerce corporation morison washington petitioner peter ansberry washington respondent chief justice vinson delivered opinion suit brought district district columbia domestic foreign commerce corporation robert littlejohn head war assets administration complaint alleged administration sold certain surplus coal plaintiff administrator refused deliver coal contrary entered new contract sell others prayer injunction prohibiting administrator selling delivering coal one plaintiff declaration sale plaintiff valid sale second purchaser invalid temporary restraining order issued ex parte subsequent hearing issuance preliminary injunction defendant moved dismiss complaint ground among others jurisdiction suit one motion granted appeals reversed holding jurisdictional capacity depended whether title coal passed since also one questions merits remanded case trial granted certiorari controversy merits concerns interpretation given contract sale war assets administration construed contract requiring plaintiff deposit funds pay coal advance unsatisfactory letter credit offered place deposit considered contract breached respondent hand construed contract requiring payment delivery documents covering coal shipment view obliged deposit funds advance shipment therefore breached contract failing second question related different question breach whether legal title coal passed responden contract made contract required deposit funds course title pass contract terms complied hand contract required payment delivery documents question remained whether title nevertheless passed time contract made since questions decided courts pass important insofar illuminate basis claimed district jurisdiction suit alleged contract sale coal contract officer personally basis action contrary contract entered claimed administrator personal interest coal indeed taken wrongful action complaint directed official function chief war assets administration asked injunction capacity agents assistants deputies employees persons acting assuming act direction relief sought short relief administration wrongs allegedly committed subordinate officials administration question presented courts whether injunction barred sovereign immunity suit answering question perhaps advisable state clearly involved involved question immunization government officers responsibility wrongful actions actions create personal liability whether sounding tort contract fact officer instrumentality sovereign course forbid taking jurisdiction suit sloan shipyards emergency fleet said brady roosevelt principle agent liable torts ancient one applies even certain acts public officers public instrumentalities existence right sue officer issue case issue whether particular suit also effect suit sovereign must fail whether officer might otherwise suable denomination party defendant plaintiff sole test whether suit officer individually principal sovereign task easy decision sued named party simple leave room controversy controversy field others long established crucial question whether relief sought suit nominally addressed officer relief sovereign suit officer recover damages agent personal actions question easily answered judgment sought require action sovereign disturb sovereign property therefore jurisdictional difficulty question becomes difficul area controversy entered suit one damages specific relief recovery specific property monies ejectment land injunction either directing restraining defendant officer actions case question directly posed whether obtaining relief officer relief effect obtained sovereign sovereign act agents agents actions restrained sovereign may restrained indicated question arise distinction law equity arises whenever suit brought officer sovereign relief sought compensation alleged wrong rather prevention discontinuance rem wrong case compulsion asked impose may compulsion sovereign although nominally directed individual officer suit barred suit officer government substance suit government absence consent jurisdiction relief sought case payment damages individual defendant contrary asked order war assets administrator agents assistants deputies employees persons acting direction sell coal involved deliver anyone respondent district held relief sovereign therefore dismissed suit agree may course suits specific relief officers sovereign suits sovereign officer purports act individual official suit directed action suit sovereign war assets administrator completed sale personal home presumably enjoined later conveying third person similar theory officer powers limited statute actions beyond limitations considered individual sovereign actions officer business sovereign empowered way sovereign forbidden actions ultra vires authority therefore may made object specific relief important note cases relief granted without impleading sovereign officer lack delegated power claim error exercise power therefore sufficient since jurisdiction hear case may depend recently upon decision ultimately reaches merits necessary plaintiff set complaint statutory limitation relies second type case statute order conferring power upon officer take action sovereign name claimed unconstitutional actions habeas corpus warden injunctions threatened enforcement unconstitutional statutes familiar examples type conduct specific relief sought beyond officer powers therefore conduct sovereign difference case power conferred form grant lacking substance constitutional invalidity two types frequently recognized ones restraint may obtained conduct government officials rule stated justice hughes philadelphia stimson said case injury threatened illegal action officer claim immunity injunction process principle frequently applied respect state officers seeking enforce unconstitutional enactments citing cases equally applicable federal officer acting excess authority authority validly conferred contended respondent present case falls within either categories claim made administrator agents acting unconstitutionally pursuant unconstitutional grant power allegation limitation administrator delegated power refuse shipment cases believed obliged deliver true allegation administrator acting refusal deliver allegations based purport based upon lack delegated power since administrator empowered sovereign administer general sales program encompassing negotiation contracts shipment goods receipt payment normal concomitant powers matter general agency law power refuse delivery agent view delivery called contract power sell goods agent believes still principal sell respondent contention appeals sustained exists third category cases action government official may restrained directed says respondent officer government wrongly takes holds specific property plaintiff title taking holding tort matter general law whether within delegated powers may therefore sued individually prevent taking recover property held adequate theory rest conclusion relief asked relief sovereign respondent complaint made sufficient basis jurisdiction complaint alleged respondent contract immediate contract sale title coal passed coal thus alleged respondent coal coal retention administrator demand claimed conversion sale third party aggravate conversion since actions tortious respondent sense hence contended individual actions properly taken behalf enjoined without making party believe theory erroneous confuses doctrine sovereign immunity requirement plaintiff state cause action prerequisite maintenance action specific relief plaintiff claim invasion legal rights either past threatened must therefore allege conduct sense respondent suggests stated cause ction true whether conduct complained sovereign individual suit agency sovereign suit therefore necessary plaintiff claim invasion recognized legal rights suit must fail even alleges agent acted beyond statutory unconstitutionally suit agency sovereign sufficient make claim since sovereign may sued must also appear action restrained directed action sovereign mere allegation officer acting officially wrongfully holds property plaintiff title meet requirement true establishes wrong plaintiff establish officer committing wrong exercising powers delegated sovereign exercising powers action sovereign suit enjoin may brought unless sovereign consented argued however commission tort authorized sovereign therefore argument goes allegation government officer acted threatening act tortiously toward plaintiff sufficient support claim acted beyond delegated powers contention respondent position fundamentally rests since admitted action prevented compelled authorized sovereign demand must fail demand sovereign said special sense matter agency law principal may never lawfully authorize commission tort agent statement usual context way saying agent liability torts committed avoided pleading direction authorization principal agent liable whether authorized even directed commit tort course mean principal liable tortious action may regarded action principal mean therefore agent action tortious reason alone ultra vires authority argument effect one time advanced connection corporate agents effort avoid corporate liability torts decisively rejected therefore nothing law agency lends support contention officer tortious action ipso facto beyond delegated powers think anything doctrine sovereign immunity requires us adopt view regards government agencies course assumed basis doctrine sovereign immunity thesis king wrong may also assumed king agent wrong action action king argument position respondent rests argued officer given power make decisions given power make correct decisions decisions correct action based decisions beyond authority action sovereign warrant contention cases decision made officer relate terms statutory authority certainly jurisdiction decide case disappear decision merits wrong heretofore rejected argument official action invalid based incorrect decision law fact officer making decision empowered adams nagle therefore reject contention hold actions officer conflict terms valid statutory authority actions sovereign whether tortious general law regarded actions private principal normal rules agency government officer thereby necessarily immunized liability action liability imposed general law torts action enjoined directed since also action sovereign lee said established rule respondent contends represents rather specific application constitutional exception doctrine sovereign immunity suit federal officers recover land held within scope authority military station cemetery question issue validity tax sale least view officers obtained title property plaintiff alleged sale invalid title land held right defendants possession land illegal suit suit sovereign prima facie holding woud appear support contention plaintiff examination lee case however indicates basis decision assumed lack defendants constitutional authority hold land plaintiff said page page pretended case stands president lawful authority take land legislative body give authority except upon payment compensation defense stands solely upon absolute immunity judicial inquiry every one asserts authority executive branch government however clear may made executive possessed power power given absolutely prohibited executive legislative deprive one life liberty property without due process law take private property without compensation said courts give remedy citizen deprived property force estate seized converted use government without lawful authority without process law without compensation president ordered officers possession thus assumed title plaintiff taking property defendants taking without compensation therefore unconstitutional action assumption assumption defendants possession property unconstitutional use power therefore validly authorized sovereign reason suit specific relief obtain property suit sovereign maintained defendants individuals lee case therefore offers support contention claim title property held officer sovereign sufficient demonstrate officer holding property validly empowered sovereign claim holding constitutes unconstitutional taking property without compensation lee case require conclusion cases followed lee require different result great number cases remarked easy matter reconcile decisions class cases one possible exception however specific relief connection property held injured officers sovereign acting name sovereign granted claim taking property injury action sovereign beyond officer statutory ers certainly repeatedly stated cases relief granted contrary doctrine stated goltra weeks case leased barges plaintiff contract gave right repossess certain conditions believing conditions existed officers government attempted repossess barges held suit enjoin suit said taking barges alleged trespass hence therefore actions officers personal actions actions injunction injunction page page conclusion relied entirely upon opinion justice hughes philadelphia stimson reliance misplaced since opinion case clearly specifically rested claim lack statutory power act simply claim tortious injury plaintiff opposed rationale goltra opinion decision justice holmes goldberg daniels question concerned effect claimed sale government surplus property plaintiff submitted sealed bid surplus war vessel accompanied case certified heck payment advance bids opened highest secretary navy however determined accept bid refused deliver vessel plaintiff brought mandamus alleged sale complete bids opened ownership vessel therefore asked secretary compelled deliver lower courts examined details transaction concluded sale complete secretary announced acceptance bid appeal expressly held necessary decide whether lower courts correct suit must fail one said whether sale complete holding said effect question title immaterial jurisdiction wrongful secretary conduct might suit relieve wrong obtaining vessel fere thesovereign behind back hence must fail cases pressed upon us petitioner argues correctly result goldberg case calls similar result dismissal suit want jurisdiction respondent argues equal correctness theory goltra allegation actions government officers wrongful general law sufficient show affirmance decision since must therefore resolve conflict adhere rule applied goldberg case principle frequently repeated goltra case action officer sovereign holding taking otherwise legally affecting plaintiff property regarded permit suit specific relief officer individual within officer statutory powers within powers powers exercise particular case constitutionally void application principle present case clear basis respondent action administrator officer government validly appointed administer sales program therefore authorized enter subordinates binding contract concerning sale government coal allegation statutory limitation powers sales agent absence limitation like sales agent power duty construe contracts refuse delivery cases believed contract terms complied action case therefore within authority even purposes decision assume construction wrong title coal fact passed respondent contract claim constituted unconstitutional taking therefore inescapably action effort enjoin must fail effort enjoin argued principle sovereign immunity archaic hangover consonan modern morality therefore limited wherever possible may substance viewpoint applied suits damages congress increasingly permitted suits maintained sovereign give hospitable scope trend reasoning applicable suits specific relief one thing provide method citizen may compensated wrong done government far different matter permit exercise compulsive powers restrain government acting compel act strongest reasons public policy rule relief sovereign government representative community whole stopped tracks plaintiff presents disputed question property contract right early recognized interference courts performance ordinary duties executive departments government productive nothing mischief limits course constitutional system certain rights protected governmental action rights infringed actions officers government proper courts power grant relief actions absence claim constitutional limitation necessity permitting government carry functions unhampered direct judicial intervention outweights possible disadvantage citizen relegated recovery money damages event argued sales agency war assets administration type agency requires protection direct judicial interference doctrine sovereign immunity confers doubt may activities government require protection others necessity immunity apparent examine necessity case function congress congress many cases entrusted business government agencies may contract names subject suit names cases permitted suits damages significantly specific relief claims differentiations remedy congress erected rendered nugatory basis assumed immunity sovereign suit absence undermined unwarranted extension lee doctrine cause reversed directions complaint dismissed ordered reversed directions justice douglas think principles announced ones govern selling government property less strict applications principles cause intolerable interference public administration make right sue officer turn whether law sales title passed buyer clog governmental function intolerable burdens joined opinion justice rutledge concurs result justice jackson dissents justice frankfurter justice burton concurs dissenting adjudication gives judicial process impact actuality thereby saves hazards generalizations insufficiently nourished experience however attendant weakness system purports pass merely deemed particular circumstances case consciously unconsciously onouncements opinion often exceed justification circumstances based contrariwise judicial preoccupation claims immediate leads succession ad hoc determinations making eventual confusion conflict comes time general considerations underlying specific situation must exposed order bring unruly instances fruitful harmony case us presents one problems rational solution becomes necessary matter judicial take soundings order know whither going case us government surplus coal army camp texas march war assets administration regional office dallas texas invited bid plaintiff respondent purchase coal dallas office expressed thus approval bid submitted plaintiff terms placing first national bank dallas texas payment upon presentation invoices said bank accepted thereupon plaintiff arranged resale coal shipment abroad april dallas office wired plaintiff unless sum deposited first national bank dallas noon april sale cancelled disposition made though claiming demand teeth contract plaintiff arranged irrevocable letter credit payable first national bank dallas war assets administration dallas office insisted unless cash deposited sale tons coal cancelled ten days date office disregarded endeavors plaintiff adjust matter april informed plaintiff contract canceled learned coal sold another concern plaintiff asserting ownership coal threat irreparable damage brought suit district district columbia restrain war assets administrator control transferring coal person plaintiff issuing temporary restraining order district may dismissed suit oral observation satisfi suit effect suit specific performance necessary party without jurisdiction appeals took different view seek curt aid interfere use official discretion appellee discretion exercised time contract appellant entered contract served vest title immediately appellant follows ruling philadelphia stimson controlling clearly incumbent upon lower determining jurisdictional capacity decide ultimate question whether contract sale consummated appellant appellee conflict district appeals facts reflects fairly enough seeming disharmony numerous opinions dealt claim immunity government unconsented suit legal irresponsibility written constitution eleventh amendment derived implication principality monaco mississippi see block suits government officers sovereign immunity doctrine sources immunity formally different present legal issues subject free casuistry doubtless due fact steady change opinion gradually undermined unquestioned acceptance sovereign freedom ordinary legal responsibility vehement speed eleventh amendment displaced decision chisholm georgia dall proves deeply rooted doctrine early days republic see state new hampshire louisiana course century steadily expanding conception public morality regarding responsibility led policy consent suits government compensate negligence agents well secure obedience contracts keifer keifer reconstruction finance see also borchard bibliography materials judge mack opinion pesaro reversed course decisions concerning sovereign immunity good illustration conflicting considerations often struggle mastery judicial process least implicitly varying degrees different times momentum historic doctrine arrested deflected unexpressed feeling governmental immunity runs counter prevailing notions reason justice legal concepts found available give effect feeling one results multitude decisions refused permit agent government claim pro tanto government therefore sheltered immunity multitudinous cases seeming inconsistencies among analysis reveals certain common considerations cases claim made suit one holds public office fact suit government fall well defined categories see appendix post though opinions always consciously directed toward classification supported actually decided also much expressly said decisions fall heads cases plaintiff seeks interest property concededly even allegation comp aint belongs government calls assertion unquestionably official authority cases action legal detriment plaintiff taken official justifying action unconstitutional statute cases plaintiff suffers legal detriment action officer exceeded statutory authority cases officer seeks shelter behind statutory authorty sovereign command commission tort series cases come within first category began governor georgia madrazo pet claim made upon governor georgia governor moneys treasury state slaves possession opinion chief justice marshall held state actually though formally defendant suit departure marshall said years earlier osborn bank wheat effect eleventh amendment suits state party record id wheat page formal test long survive experience explicitly laid rest ayers et crucial question class cases suit one holding official office inevitably involve exercise powers functionary government marshall decision case governor georgia disposed question sententious characterization nature claim governor demand made upon made personally officially governor georgia madrazo supra pet answer always manifest case governor asked surrender moneys actually state treasury property possession fact defendant personal connection conduct redress sought indication sued position empowers carry desired relief hand mere fact official capacity ascribed agent relief sought conclusive sued sovereign see perkins elg pervasive manifestations modern government beget situations always obvious whether demand made upon individual marshall phraseology made personally officially ambiguity meaning particular circumstances commonplace task judicial process governing principle clear enough defendant asked transfer possession title property government judged conventional tests possession ownership asked exercise authority state invested desired action fact governmental action far individual ever pro tanto impersonal government demands effectively demands upon sovereign require sovereign consent prerequisite grant judicial remedies second category belong cases official asserts authority statute action injured plaintiff challenges constitutionality statute threatened injury enjoined plaintiff otherwise satisfies requirements equitable intervention allen baltimore reagan farmers loan trust ex parte young rickert rice mills fontenot also recovery may property action official statute seizure property made unconstitutional poindexter greenhow cases suit one holding office deemed suit personally wrongdoer state ex parte young supra ann cas cases likewise apply principle clear appearance inconsistency cases opinions also prey frailties composition familiar phrases always used critical precision due relevance circumstances particular case specifically instances unconstitutionality statute conceded yet language sovereign immunity invoked bar suit see state north carolina temple christian atlantic new york guaranty indemnity steele cases qualify principle cases category two regard facts cases brings within first category nature relief requested makes either cases government property transferred cases person sued satisfy decree acting official capacity tortfeasor immunized happened hold office tort redressed threatened averted without bringing operation governmental machinery thus even though plaintiff rights bond unconstitutionally sought diminished bond respected order levying collecting tax state exact taxes sovereign function enforced without state consent pretending sue tax collector individual even though individual sued duty statute collect tax state north carolina temple title property government suit secure transfer property plaintiff lie official sued individual even though state acquired title way unconstitutional statute cunningham macon brunswick christian atlantic see land dollar also relief sought injured plaintiff involve part least destruction government interest property part relief granted even though tort committed governmental agent gave rise injury belknap schild hopkins clemson agricultural college extent relief granted without affecting property rights state consenting party controversy action barred hopkins clemson agricultural college supra see international postal supply bruce since cases reference made usually involve state debts money state treasury served sponsor proposition suit permitted relief sought public treasury domain interfere public administration land dollar way saying entertain action sovereign consente sued judgment sought require official virtue fact official quod hoc state statement quoted mean mere fact state revenue adversely affected conclusive jurisdiction entertain suit one happens hold public office example board liquidation mccomb bondholder permitted enjoin issue bonds reduced value holdings issue authorized statute offended clause see allen baltimore atchison ann suits lain obtain public lands decree involved discretion part individual decree bound santa fe pac fall noble union river logging payne central pac matter boils federal courts barred adjudicating claim governmental agent invokes statutory authority action constitutional power give claim immunity challenged sovereign immunity may however become relevant relief prayed also entails interference governmental property brings operation governmental machinery play government becomes indispensable party without consent implicated see justice brandeis morrison work also noted cause action one reason another fail brought private agent saved brought one holding public office purporting act unconstitutional statute action may fail plaintiff suffered invasion legally protected foundation equitable relief particular defendant committed wrong situations present problem sovereign immunity language pertaining sovereign immunity sometimes creeps opinions disposing recovery sustained although official acts valid statute actually exceeded authority statute invested action lies agent sued officer government individual ousted jurisdiction asserts authority officer make defense must show authority sufficient law protect pennoyer mcconnaughy scully bird philadelphia stimson also traditional criteria judicial action prerequisite see state louisiana mcadoo satisfied question sovereign immunity emerge relief necessarily implicates resort state funds state becomes indispensable party without consent suit must fail see state louisiana mcadoo supra lankford platte iron works fourth category cases brings us controversy immediately demands detailed analysis cases recalled official seeks screen behind sovereign suit based commission tort see appendix part ii post plaintiff right general law recover possession specific property wrongfully withheld may enforced official plead sovereign immunity power afford remedy land dollar belknap schild hopkins clemson agricultural college starting point line cases lee familiar case controlling facts bear rehearsal arlington estate general robert lee seized nonpayment taxes taxes fact tendered friend official interpreted authority permitting payment taxes record owner seizure established fort cemetery land plaintiff title arlington estate vested seizure justified brought action ejectment governmental custodians estate overruling suggestion attorney general circuit without jurisdiction property possession action sustained defendants since justify possession proof valid title government affirmed holding lower competent decide issues parties without need impleading government whose consent withheld talk lee opinion well cases followed decision taking property without compensation basis action defendants ordinary tortfeasors immunized wrongful invasion plaintiff property fact claimed acted behalf government group cases quite different plaintiff claimed defendant purporting act official capacity exceeded authority statute conferred upon statute justified action exceeded power legislature confer authority class cases governmental agent valid statutory authority determined erroneously condition exist exercise basis action class cases defendant personal responsibility commission tort makes irrelevant waiving case governmental agent plaintiff might choose sue government contract detailed consideration four recent cases leave doubt regarding settled course decision conformity principle sloan shipyards fleet controversy arose connection contract sloan shipyards fleet corporation government corporation proviso contract authorized take plant complete contract sloan shipyards failure perform statute also condemn land business deemed necessary successful conduct war bring play right compensation enforceable claims fleet corporation seized plaint made manifest seizure plant exercise government power condemnation sloan shipyards brought suit return property lower courts treated suit compensation pursuable government claims speaking justice holmes reversed took bill face one based wrongful acts fleet corporation entertainable regardless fact conduct fleet corporation might also give rise claim compensation government decision thorough consideration overruled theory proposed class cases accepted crux opinion leaves room doubt plaintiffs suing fleet corporation act unlawful even might sued cut remedy agent wrongful act general sued tort immunity extend acted name impossible fleet corporation purported act contract giving right take possession certain events plaintiffs show events occurred goltra weeks go board theory proposed accepted government leased barges operation plaintiff following seizure barges threat seize rest alleged failure comply lease terms plaintiff brought bill secretary war chief engineers enjoin threatened seizure secure restoration barges already seized found error appeals hold necessary party dismissed bill reason governing principle thus formulated chief justice taft bill suitably framed secure relief alleged conspiracy defendants without lawful right take away plaintiff boats lease charter alleged acquired lawful possession enjoyment term five years seeking equitable aid avoid threatened trespass upon property persons government officers trespass officers government restrained whether professed acting government neither government represent trespass upon property another well settled may stayed unlawful proceeding competent jurisdiction even though may profess act party made one reason illegality acts threatened acts personal derive official justification asserted agency government line cases beginning lee supra followed ickes fox bill sustained defendant secretary interior based claim compliance plaintiff terms agreement made predecessor secretary interior rendered secretary action trespass enjoinable though action justified governmental prerogative reaching result specifically referred principles formulated goltra weeks quoted day decided land dollar ruled claim plaintiff recovery possession property physically controlled members maritime commission alleged wrongfully withheld inherently suit government gave jurisdiction determine jurisdiction proceeding decision determine whether plaintiffs claim withholding pledged property circumstances tortious therefore subject relief agents individuals page page applied principle lee supra reinforced reference cases apply lee doctrine including sloan shipyards fleet supra goltra weeks supra ickes fox supra also pointed fact existed remedy claims government irrelevant page page cases sanctioned suit officer government merely officer misconceived facts misapplied legal principles rested plaintiff right general law recover possession specific property wrongfully withheld land dollar supra page page circumstances officer acquires immunity even though committed tort attempting discharge duty correct assumption ownership property right possession legal instruments governing transaction see holmes miller horton mass belknap schild hopkins clemson agricultural college sloan shipyards fleet class cases officer escape liability remedies provided statute displace th otherwise plaintiff command sloan shipyards fleet supra page page special remedy suit officer barred enjoys immunity sovereign sovereign constitutionally change traditional rules liability tort agent providing fair substitute crozier fried krupp aktiengesselschaft richmond screw anchor general statute permitting suit claims certain instances government statute provides remedies otherwise plaintiff command displaced holding ability action monetary damages claims prevents suit law necessary requisites equity jurisdiction present equity governmental agent novel indefensible light settled course decisions indeed argument novel explicitly negatived least two cases see sloan shipyards fleet land dollar immunity carries august sound recently recognized doctrine federal housing administration burr extended ing long line decisions considerations policy warrant overruling lee supra th cases applied giving remedy wrongdoing without harm public interest deserves protection overrule lee case least merit candor attempt explain ground government suable wrongdoing time lee decision invent new theory explain away decision held ground nearly seventy years liability torts committed defendants even though conceive acting officials public good rests ultimately conviction policy behind immunity sovereign suit without consent call disregard citizen right pursue agent government wrongful invasion recognized legal right unless legislature deems appropriate displace right suing individual defendant right sue government fact governmental agent claim immunity sovereign course apell liability circumstances discharge conceived duty see seavey preble fields stokley conflicting considerations presented miller horton mass similarly equitable considerations bearing propriety granting extraordinary remedy injunction may come play true whenever private claim cuts across public interest matters wholly beside issue sovereign immunity course owner possession property interfere without government consent denied decide question properly presented whether property held official belongs plaintiff goltra weeks sloan shipyards ickes fox land dollar cases cited part ii appendix post must overruled day said right possession enjoyment property general law issue defendants claim officers agents sovereign rule lee supra repeatedly approved ited lee supra record title land officers possession force decree case grant possession private claimant though judgment res judicata settled parties controversy possession precisely true assume allegations complaint proved land dollar supra page page pleading raises substantial claim defendant wrongfully withholding plaintiff property belonging defendant heretofore permitted shield behind immunity sovereign preliminary question ownership decided plaintiff claim sovereign immunity come play said decree affect property sovereign tries explain away land dollar supra suggesting case officers acted excess authority although opinion case makes clear even officers authority still remained issue whether shares stock sold pledged latter hold satisfaction pledge tortious stock recovered suit defendants seeks avoid decision ickes fox supra saying ground decision made clear even dubious arguments explain away goltra weeks accordingly impliedly overrules decision reason policy vouchsafed overruling decision carries authority goltra case based long series prior cases decided unanimous delivered chief justice brought presidential experience partiality toward freedom executive action evinced opinion contemporaneous case myers goltra case since frequently always approvingly cited recently land dollar supra application lee doctrine see also ickes fox goltra case thrown discard cite goldberg daniels earlier case deemed conflict later goltra decision therefore later case told must yield earlier case one suppose failure fulldress opinion later case thoroughly argued hastily decided cite earlier opinion attributed either unawareness earlier opinion silent overruling unaware decision goldberg case incontestably proved fact referred briefs goltra case obvious inconsistency two decisions indicated fact justice holmes wrote goldberg opinion joined goltra opinion much assume concerted silence goldberg decision goltra obvious explanation lies surface goldberg cited goltra conclusive reason goldberg nothing goltra goldberg case basis pleadings dealing suit owner possession vessel accordingly suit tortious withholding plaintiff property government immunity barred suit goltra contrary claim delivery property allegedl belonging plaintiff tortiously possession individual defendants held plaintiff entitled establish claim though defendants may profess act party made one page page case true present case right control property may depend compliance terms contract fact compliance may rest certainly first instance judgment particular official authorize rescind valid contract full compliance course even power may conferred agreement statute absence agreement provision statute plaintiff may redress defendant wrongfully rescinded valid contract fully performed property right plaintiff thereby tortiously affected may also day denies right official determine definitively want compliance issue compliance decisive defendant alleged wrongdoing precisely issues tendered complaint answer stage case say fact within agent authority valid statute gives power withhold property belongs another power revest title government valid contract vested another course free liability matters go merits purpose suit determine whether governmental agent within power decide whether rightfully assumed exercise jurisdiction must lead decision merits question lee issues outlined issues may contested defendant even though hold office noble union river logging payne central pacific santa fe pacific fall land dollar district therefore jurisdiction controversy consideration merits respondent claim determined whether decree affect government property since jurisdiction also determine whether cause action stated whether considerations cause equity grant relief requested affirm judgment appeals appendix cases since osborn bank wheat concerning suits governmental agents defense sovereign immunity raised cases jurisdiction found wanting plaintiff sought interest property concededly belonged government demanded relief calling assertion unquestionably official authority governor georgia madrazo pet state louisiana jumel cunningham macon brunswick hagood southern christian atlantic state north carolina temple new york guaranty indemnity steele belknap schild state oregon hitchcock state louisiana garfield murray wilson hopkins clemson agricultural college goldberg daniels state louisiana mcadoo lankford platte iron works wells roper morrison work state minnesota decisions couched terms sovereign immunity later interpreted actually turned considerations legally protected interest plaintiff affected state louisiana mcadoo tennessee electric power tennessee valley authority particular defendant unrelated plaintiff claim threatening plaintiff interest ayers fitts mcghee worchester county trust riley mine safety appliance forrestal alternative reason nature adjudication required presence sovereign necessary party christian atlantic north carolina stanley schwalby state new mexico lane case dismissed want ordinary requirements equity jurisdiction hawks hamill morrison work alternative ground cases legislation specifically provided sovereign sued action authorized statute crozier fried krupp richmond screw anchor cases plaintiff pursued statutory procedure indicating consent suit sovereign therefore bound limitations smith reeves great northern life ins read ford motor department treasury indiana kennecott copper state tax ii cases jurisdiction entertained cases official justified action unconstitutional statute osborn bank wheat board liquidation mccomb poindexter greenhow white greenhow chaffin taylor allen baltimore pennoyer mcconnaughy ex parte tyler reagan farmers loan trust scott donald scott donald smyth ames prout starr mississippi illinois ex parte young general oil crain ludwig western union telegraph western unio telegraph andrews herndon chicago pac truax raich tanner little greene louisville public service corboy sterling constantin rickert rice mills fontenot cases officer exceeded statutory authority rolston missouri fund commissioners scully bird atchison philadelphia stimson waite macy payne central pac santa fe fac fall work state louisiana cases officer sought shelter behind statutory authority sovereign command commission law tort cases officer relieved scranton wheeler acting sovereign stanley schwalby scranton wheeler sloan shipyards fleet goltra weeks ickes fox land dollar cases officer held liable tort opinion made reference situation involving unconstitutional taking lee noble union river logging state south carolina wesley tindal wesley hopkins clemson agricultural college footnotes littlejohn resigned november april granted government motion substitute successor jess larson petitioner domestic foreign commerce littlejohn judgment appeals final one considered appropriate review since view jurisdictional issue conduct case see land dollar cf sloan shipyards fleet question whether corporate agency sued contractor reason obviously objection substitution present administrator predecessor although actions complained complaint taken predecessor administration ayers said state minnesota hitchcock whether suit one state determined fact party named defendant record result judgment decree may entered course limitations right recover damages public officers see gibson reynolds glass ickes harper torts limitations matters substantive law applicable suits indubitably addressed officer sovereign necessarily coincidental limitations jurisdiction hear suit directed sovereign see jennings tort liability administrative officers note differing treatment accorded claim compensation claim specific relief belknap schild whether relief obtainable government officer basis facts set complaint stated question may seriously doubted whether damages event recovered jess larson present war assets administrator predecessor robert littejohn complaint charge personal wrongdoing even knowledge alleged wrongdoing subordinates cf robertson sichel since complaint ask damages specific relief administrator official capacity course proper party cf williams fanning complaint also asked declaratory relief even clearly directed sovereign asked declare sale coal still valid effect administrator agent disclosed principal party contract sale see restatement agency request adjudication validity sale thus even form request adjudication sovereign declaration rights respondent clearly beyond jurisdiction see stanley schwalby rest conclusion request declaration since district granted injunctive relief requested land dollar since jurisdiction type case rest decision merits question dismissal suit alleged claim constitution federal statutes clearly appears made solely purpose obtaining jurisdiction wholly insubstantial frivolous dismissal lack jurisdiction see bell hood course suit may fail one sovereign even claimed officer sued acted unconstitutionally beyond statutory powers relief requested granted merely ordering cessation conduct complained require affirmative action sovereign disposition unquestionably sovereign property north carolina temple case must therefore clearly distinguished cases like noble union river logging case held officer sued lacked power refuse delivery statutory scheme predecessor determination plaintiff entitled delivery binding similar case presented statute expressly provided administrator interpretations contracts binding irrevocable later subordinate official refused follow prior binding interpretation case issue correctness incorrectness later decision general law simply power official statute make decision cf ickes fox perkins lukens steel tennessee electric power mine safety forrestal thus said hopkins clemson college neither state individual confer upon agent authority commit tort excuse perpetrator emphasis added see also mechem agency see philadelphia wilmington baltimore quigley fletcher cyclopedia corporations contention respondent present case remarkably similar made regards corporate agents chestnut hill spring house turnpike rutter serg argument reported follows id page serg corporation never never authorized law commit tort invest one power purpose therefore agent constituted legal purpose inflict injury corporation answerable act agent done without authority whatever derived unauthorised commit wrong scope corporate powers argumen rejected see also thayer boston pick lee case decided time celarly remedy available obtained compensation taking land whether compensation obtained today case course issue reason availability remedy claims may cases relevant question sovereign immunity action specific relief sought taking holding plaintiffs property availability suit compensation sovereign defeat contention action unconstitutional violation fifth amendment compare hurley kincaid cunningha macon brunswick ensuing years made task less difficult see brooks dewar land dollar thus tindal wesley stated suit recover stated suit recover possession property owned plaintiff withheld officers state analogous suit enjoin officers enforcing unconstitutional statute view said lead result state officers seize public use property citizen without making securing compensation thus violate constitutional provision declaring state shall deprive person property without due process law citizen remediless long state agents chooses hold property scranton wheeler said state duty inquire whether defendant authority law done suit deemed one consideration question become necessary ascertain whether defendant constitutionally acquire authority obstruct plaintiff access without making securing compensation vital question therefore whether prohibition constitution taking private property public use without compensation application case see payne central pacific said specific relief government officers plain official duty mistaken conception authority santa fe pac fall contention secretary went beyond powers conferred upon statute cases myriad unnecessary review poindexter greenhow philadelphia stimson supra although stated reference suit damages rule lee line cases thus summed justice hughes yearsley ross constr agent officer government purporting act behalf held liable conduct causing injury another ground liability found either exceeded authority validly conferred emphasis added stimson case said page page complainant title lay foundation suit necessary complainant prove denied still title land water established admitted alleged question remain whether defendant imposing restrictions upon use property acting virtue authority validly conferred general act congress principal question complainant sought determined reasoning goltra case also contradicted conclusion reached converse caseƤwhere suit brought againstthe claimed tortious actions public officers within scope delegated powers actions give rise cause action breach implied contract portsmouth demonstrates suits defeated arguing officers actions tortious outside authority hence actions cf hooe specific limitation agent authority see also causby whether actual decision goltra case basis facts presented correct relevant disposition present case express opinion question goltra unlike goldberg present parallel facts case bar action complained seizure strong hand claimed unconstitutional arbitrary taking property without due process law indeed district took jurisdiction theory case like lee case case unconstitutional action claim present case addition goltra weeks supra three cases argued inconsistent principle sloan shipyards fleet land dollar ickes fox sloan shipyards case entirely inapposite suit corporate agency acted name corporate name right held fact agency immunize agent liability contracts land dollar plaintiffs alleged entitled stock held maritime commission stock received commission pledge contended kind acquisition constitute violation merchant marine act allegedly gave commission authority acquire stock collateral complaint therefore alleged members commission excess authority public officers page page ground decision ickes fox altogether clear argument made case secretary interior statutory power overrule determination rights plaintiffs made predecessor office page pages tortious injury plaintiffs also argued reliance goltra weeks basis avoiding sovereign immunity appears relied grounds without indicating controlling said suits brought enjoin secretary interior enforcing order wrongful effect deprive respondents vested property rights acquired congressional acts state laws government contracts settled determined predecessors office emphasis added support conclusion suit maintained relied first noble union logging decision resting entirely officer lack statutory power overrule decision predecessor since respondent admittedly remedy suit breach contract claims suit indeed based theory action administrator refusing deliver action thus created cause action breach contract administrator action within authority suit maintained hooe never suggested suit claims breach express contract defeated action officer breaching constituted tort therefore see brooks decatur paulding pet prayer relief complaint follows issue temporary restraining order defendant agents assistants deputies employees persons acting assuming act direction enjoining restraining carrying effect purported illegal unauthorized cancellation sale plaintiff coal reselling attempting resell coal person whatsoever plaintiff legal owner thereof delivering coal person upon hearing motion preliminary injunction continue temporary restraining order preliminary injunction upon final hearing make permanent preliminary injunction upon hearing cause decrees sale coal plaintiff letter war assets administration dated march still valid effect purported sale midland coal company illegal title coal plaintiff view delay disruption arrangements caused purported cancellation plaintiff shall thirty days date final order give shipping instructions plaintiff may different relief may seem proper premises governor georgia madrazo pet state louisiana jumel cunningham macon brumswick hagood southern christian atlantic north carolina state north carolina temple new york guaranty indemnity steele belknap schild state oregon hitchcock murray wilson distilling hopkins clemson agricultural college state louisiana mcadoo lankford platte iron works wells roper morrison work see land dollar osborn bank wheat board liquidation mccomb poindexter greenhow white greenhow chaffin taylor allen baltimore pennoyer mcconnaughy reagan farmers loan trust smyth ames mississippi illinois ex parte young rickert rice mills fontenot scully bird atchison philadelphia stimson waite macy santa fe pac fall work louisiana lee state south carolina wesley tindal wesley hopkins clemson agricultural college sloan shipyards fleet goltra weeks ickes fox land dollar four cases lee case suit permitted governmental agent trespass property claim owned government without discussion question sovereign immunity might involved meigs lessee cranch wilcox jackson pet brown huger grisar mcdowell wall ed sovereign immunity argument raised dismissed certainly never alleged mere suggestion title state property possession individual must arrest proceedings prevent looking suggestion examining validity title peters cranch see also davis wall see fitts mcghee see block suits government officers sovereign immunity doctrine state louisiana mcadoo ayers hawks hamill morrison work fitts mcghee worchester county trust riley principle lee case explained away suggesting time decided recovery claims misconduct governmental agent seizing lee estate short conclusive answer recovery today unless whole series cases ov rruled see tempel cases cited therein russell harley hill north american trans trading juragua iron nothing federal torts claim act indicate provision suit brought case clearly apposite question whether suit agent defense sovereign immunity applicable take away immunity governmental corporation merely prevents corporation claiming immunized suit suit still lie decree affect government rather corporation property congress wished displace ordinary remedies agent used explicit language see stat stat amended stat course denial due process make remedy even unconstitutional action agents government work solely government instead agent committed wrong cf coffman federal laboratories richmond screw anchor crozier fried krupp aktiengesselschaft upon cases interpreting specific provisions stating relief government relied yearsley ross construction case based richmond screw anchor case crozier case understood light yearsley case suit brought governmental agent taken land statute authorized taking particular land impliedly owner compensated claims held authorized taking liability part government representatives taking fact entire compensation provided emphasized exclusive character remedy government words dealing situation like one involved richmond screw anchor case thus yearsley case touch cases decided since decision basis lee line cases moreover case petitioner alleges authority part defendant rescind contract explicitly rejected theory government sued tort circumstances tempel cases cited see also immunity absolute survival monarchial privilege manifestation merely power rests abstract logical grounds see kawananakoa polyblank undoubtedly runs counter modern democratic notions moral responsibility state accordingly courts reflect strong legislative momentum tendency extend legal responsibility government confirm maitland belief expressed nearly fifty years ago wholesome sight see crown sued answering torts maitland collected papers great northern life ins read dissenting opinion see also kennecott copper state tax dissenting opinion course control sought property government seeks retain considerations whether equitable relief granted might different cf state louisiana garfield goldberg daniels however question involved since coal plaintiff asserts title according complaint sold another dealer two plaintiff fact fully complied contract entitled property threatened transfer property wrongfully withheld plaintiff may enjoined conventional requirements equitable relief present