delivered the opinion of the Court.
Mоtion on part of the United States, as asserted, owner of nineteen barges and four towboats, praying a writ of prohibition to be direсted to the Hon. C. B. Faris, a Judge of the District Court, Eastern Division of the Eastern Judicial District of Missouri, and the other Judged thereof, to prohibit him and them frоm asserting and exercising jurisdiction in a certain suit brought March 25, 1923, by Edward F. Goltra against John W. Weeks, Secretary of War, and other officers of the United States, in which it was averred that a contract was made between the United States, represented by Major General 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 Statеs, were leased and. chartered to Goltra for the period of. five years from the date of delivery of the boats and barges tо him, Goltra, upon the payment of certain periodical rentals and a compliance by Goltra of other terms and conditiоns.
■ The suit by Goltra, the pleadings in which are detailed in the petition, was brought to determine his rights under the contract and a supplement to it.
Thе, contract was preceded by negotiations between Goltra and representatives of the Government, particu *391 larly with the War Department and the then Secretary of War, which included among other things the construction of a fleet of towboats and barges in thе then emergency of war. But after the signing of the Armistice, when the emergency of war had ceased, other negotiations were had bеtween Goltra and the War Department and the Secretary of War, and a lease was made, the contract above, whereby the boats and barges were leased to Goltra, by him to be operated on the Mississippi River and its tributaries as a common carriеr, he to pay all operating expenses, to take out fire and marine insurance, and'incur and discharge other obligations.
On May-26, 1921, thе supplement to the contract was entered into between Major General Beach, then Chief of Engineers of the United States Army, the successor of Black.
On March 3, 1923, Weeks as Secretary of War undertook to cancel the contract for the non-compliance by Goltra, as lessee, with its terms and conditions, and demanded the return of the boats and barges to the United States, and the defendants on March 25, 1923, unlawfully took possession of some, and were about to take possession of the remainder of them.
There was a рrayer by Goltra for a temporary restraining order against such action, or against any action interfering with his possession. There was also a prayer for a temporary injunction against any act whatsoever looking to the cancellation and termination оf the lease, .or the retention of the boats and barges taken before the attempted cancellation of the contrаct. The prayer was, that, upon final hearing, a decree be entered in favor of Goltra to determine his rights under the contract and to perpetually enjoin the defendants from interfering in any way with his rights thereunder.
A mandatory order was issued as prayed, and an order to shоw cause why a temporary'injunction should not be issued.
*392 In response to the order to show cause the Attorney Géneraí filed suggestions against the jurisdiction of the court, and Subsequently the other defendants made returns to the order averring that the suit was, in purpose and effect, one against the United States and its property.
A.motion was made in accordance with the representations. ■ It was overruled, and thе defendants granted time to plead.
It is alleged in the petition that unless restrained the District Court Judge will, proceed with the cause and issuе an injunction as prayed by Goltra, and that such order will deprive the United States of the possession.and use of'boats and "barges of the value approximately, of $3,800,000.
Prohibition was prayed as above statéd.
The retürri of, Judge Faris to the petition concedes some of its allegations and. denies others. It dеnies the character ascribed to. Goltra*s suit.. It alleges that there is a right of possession of the boats and barges-in Goltra, and that while his bill was in course of preparation the defendants in the suit were proceeding with a large force of men to take from him and remove from St. Louis the boats and barges that remained in his possession. And ■that the suit was not.one against the United States but against individual defendants whо were proceeding in violation of law. And-it is averred that there is an adequate remedy by appeal. ..
The answer of Goltra to the'petition is présented with elaborate detail bf fact and argument. In foundation and essence it is the same as that of the District Court. The opinion of the court, which was oral,-is-attached to it. . The opinion' cites thaUof Judge Baker in
United States Harness Co.
v. Graham, in the District. Court for the Northern Distriсt of West Virginia,
The merits of the ease present ihteresting questions. The question of the remedy is, however, the more insistent. Does the casе justify it ? Prohibition is a remedy
*393
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 аnd the writ denied.
Ex parte Muir,
Ex parte Oklahoma,
There was submitted to the court the contracts and their, construction and efféct — whether under them the United States or its.officers retained property in the boats and barges or whеther that property was transferred with the right of possession to Goltra. . The court so construed, them, adjudging Goltra’s right to the property and, nec-' essarily, his right to the possession of it, and that he was entitled to an injunction to protect that possession pending the suit; From that dеcision there was right of review by appeal, and it would be timely and adequate for relief if the decision were erroneous. Judicial Code, § 129;
U. S. Fidelity & Guaranty Co.
v.
Bray,
Writ denied.