44 F. 17 | U.S. Circuit Court for the District of Washington | 1890
This is a suit for an injunction, brought'against the defendants in their official and representative capacity as the board of county commissioners of Pierce county. A demurrer on the ground that there is no equity in the bill has been interposed, and the questions so raised are now to be passed upon. The sole object of the suit is to prevent the commission of waste upon portions of section 1.6, in township 20 N., of range 3 E., in Pierce county, which, as the'bill alleges, the defendants, in their official character, threaten and intend doing by causing the timber trees growing thereon to be cut down and removed, which will materially lessen the value of the inheritance. The plaintiff shows no title to the lands, nor interest therein, other than as an applicant to purchase the same as mineral land from the United States, under the laws providing for the sale and disposal of lands valuable for the mineral therein, and the bill shows that his claims are being contested in the United States land-office by the state of Washington, and that the register and receiver of the land-office have not yet given their decision as to his right to acquire title. As now administered in some of the courts of this country, equity will not deny to one having the title to land an injunction to restrain the commission of waste thereon, seriously impairing the value of the inheritance, on the ground of the title being disputed, or because of the pendency of an action to establish the title or to determine any question affecting it. Such relief has been granted in a few cases, under peculiar circumstances, or where by statute the equity power of the courts has been enlarged, as in the case of Lanier v. Alison, 31 Fed. Rep. 100. But in general such relief will be granted only for the protection of an existing right, and only in favor of one in whom an estate of inheritance is shown to be vested by unquestioned proof.
“The king is not bound by any act of parliament unless he be named therein by special and particular words. The most general words that can be devised ■•(‘any person ¡or persons, bodies politic or corporate,’ etc.,) affect not him in the least if they may tend to restrain or diminish any of his rights or interests, for it would be of most mischievous consequence to the public if the •strength'of the executive power were liable to be curtailed without its own express'consent) by constructions and implications of the subject.”
j:; In this cpuntry the same rule of construction has always been recog- ; nized.; . La¡ws .giving rights to litigants are in general made for citizens, and, unless clearly indicated by particular words, an intention to bind