Alig v Trust Territory [1967] TTLawRp 26; 3 TTR 603 (24 November 1967)

3 TTR 603

JESUS GUERRERO ALIG
as Administrator of the Estate Jose Alig San Nicolas,
also known as Jose San Nicolas Alig, deceased,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, its ALIEN PROPERTY
CUSTODIAN, the ALIEN PROPERTY CUSTODIAN OF THE DISTRICT OF
SAlPAN, and the LAND AND CLAIMS ADMINISTRATOR,
Appellees

Civil Appeal No. 27
Appellate Division of the High Court
November 24, 1967

See, also, 3 TTR 64

Appeal from judgment of the Trial Division of the High Court, Mariana Islands District, in which summons as to all defendants was quashed as unauthorized suit against the sovereign. Plaintiff prays for restitution of land in Saipan which was seized by the Japanese Government in 1931 and which is now in possession·of defendants, and for damages, rents, and declaration that he is lawful owner of property in question. The Appellate Division of the High Court, Chief Justice E. P. Furber, held that action is barred by reason of sovereign immunity, that United Nations Trusteeship does not create trust capable of court enforcement, and that action against named individual defendants is in effect suit against Government.

Affirmed.

1. Courts - High Court

Under Trust Territory law, the Trial Division of the High Court is court of general jurisdiction. (T.T.C., Sec. 23)

2. Trust Territory - Suits Against

Suit against Trust Territory and certain of its officers for return of land taken by Japanese Government and for damages and rents comes within doctrine of sovereign immunity, whereby government is immune from suit without its consent.

3. Trust Territory - Suits Against

Although Trust Territory of the Pacific Islands is not a sovereign in international sense, it may still be granted sovereign immunity.

4. International Law – Sovereignty - Sovereign Immunity

A government may be entitled to and enjoy some attributes of sovereignty without necessarily having all of them, and court will consider fundamental purpose of sovereign immunity in order to determine which governments principle applies to.

5. United States - Suits Against

Doctrine of sovereign immunity may be applied to certain territories of United States even though legislative determinations of government involved are subject to possible change at discretion of Congress of United States.

6. International Law - Sovereignty - Sovereign Immunity

Actual sovereignty in traditional sense is not essential to right of a government to sovereign immunity from suit without its consent.

7. International Law - Sovereignty - Sovereign Immunity

Sovereign immunity attaches to a government having wide legislative power, as an incident of that power, even though government may not be truly sovereign.

8. Trusteeship - Generally

Although Trust Territory of the Pacific Islands is means by which United States carries out certain responsibilities as administering authority under Trusteeship Agreement, it also has some separate standing administratively, and therefore cannot be considered merely agency of the United States in all cases.

9. Legislative Power - Delegation

Delegations of legislative power in Trust Territory indicate intent to work towards a government along lines followed in organizing territories of the United States.

10. Trust Territory - Suits Against

Delegation of legislative power to Trust Territory of the Pacific Islands, even though subject to some limitations, gives Trust Territory qualified sovereignty or qualified sovereignty, carrying with it attribute of immunity from suit without its own consent.

11. Former Administrations - Taking of Private Property by Japanese Government - Limitations

The Trust Territory of the Pacific Islands has not consented to be sued for return of property taken by Japanese Government in 1931, nor for damages and profits accruing to it as result of possession of such property.

12. Trusteeship - Trusteeship Agreement

United Nations Charter, in setting up international trusteeship system, makes definite provision for enforcement of this system through Trusteeship Council, General Assembly and, in case of strategic trusteeships, the Security Council. (United Nations Charter, Chapters XII, XIII)

13. Trusteeship - Trusteeship Agreement

Type of trusteeship system created by United Nations Charter does not create trust capable of enforcement through the courts.

14. Trust Territory - Suits Against

Even if legal trust, as distinguished from political trust, were involved in setting up of Trust Territory, principle of government's immunity from suit without its consent would still prevent maintenance of action against Trust Territory for return of property taken by Japanese Government in 1931.

15. Eminent Domain - Generally

Where taking of property by Japanese Government occurred in 1931, Trust Territory Bill of Rights provision regarding payment of compensation where property is taken for public use is not applicable, since Bill of Rights provision is' prospective only. (T.T.C., Sec.4)

16. Former Administrations - Redress of Prior Wrongs - Exception to Applicable Doctrine

Government of Trust Territory is not required as matter of right to correct wrongs which former government may have permitted, except in those cases where wrong occurred so near time of change of administration that there was no opportunity for it to be corrected through courts or other administration of the former administration.

17. Trust Territory - Suits Against

Suit is one against Trust Territory Government·where individuals named as defendants are sued purely by title, there are no allegations as to what specific part any of them has taken in wrongs alleged, there is no allegation any of them was exceeding his delegated powers in occupying land in question, or that any was in possession of land in anything other than his official capacity.

Counsel for Appellant:	ARRIOLA, BOHN & GAYLE, Joaquin C. Arriola, Esq., on the brief and J C. Dierking, Esq. orally
Counsel for Appellees:	D. KELLY TURNER, ESQ.

Before FURBER, Chief Justice, GOSS, Associate Justice, SHIVER, Judge Chief Justice

FURBER, Chief Justice

This is an appeal from a judgment of the Trial Division of the High Court in its Mariana Islands District Civil Action No. 119, 3 TTR 64, by which judgment the summons as to all named defendants was quashed, set aside, held for naught, and the action dismissed.