Alejandrino v. Quezon - 271 U.S. 528 (1926)


U.S. Supreme Court

Alejandrino v. Quezon, 271 U.S. 528 (1926)

Alejandrino v. Quezon

No. 309

Submitted May 4, 1926

Decided June 7, 1926

271 U.S. 528

Syllabus

1. The Jurisdictional Act of September 6, 1916, repealed the provision of the Philippine Autonomy Act giving this Court jurisdiction to review by writ of error the final judgments of the Supreme Court of the Philippine Islands in cases involving the Constitution, or any statute, treaty, title, or privilege of the United States or where the value in controversy exceeds $25,000, and substituted a review of such judgments by certiorari. P. 271 U. S. 529.

2. The questions whether a member of the Philippine Senate appointed by the Governor General under the Autonomy Act could be suspended by the elected members, and whether, if their action were invalid, the Supreme Court of the Islands, in this suit against

Page 271 U. S. 529

those members, had jurisdiction to require them, by mandamus or injunction, to readmit him as an active member became moot in this case, owing to the expiration of the period of suspension, and no other question being involved save the incidental one of the petitioner's right to recover unpaid salary during the period of suspension, and that being an issue concerning which the present petition fails to furnish sufficient information to enable the court, in any event, to afford a remedy, and one, furthermore, which would properly be tried in a separate proceeding against some executive officer or officers charged with the ministerial duty of paying such salary, the cause as a whole must be treated as moot, and, following the established practice of this Court, the judgment below, dismissing the petition for want of jurisdiction is vacated, and the cause remanded with directions to dismiss the petition, without costs. P. 271 U. S. 532.

Certiorari to a judgment of the Supreme Court of the Philippines dismissing, for want of jurisdiction, an original proceeding, for injunction and mandamus brought by an appointed member of the Senate of the Islands, against its twenty-two elected members, including its President, and its Secretary, its Sergeant at Arms, and its Paymaster, in which the petitioner challenged the validity of a resolution of the Senate suspending him from the prerogatives, privileges, and emoluments of his office during one year from January 1st, 1924, and sought to have it set aside and recognition of his rights as Senator enforced. The judgment below was entered on September 22, 1924.



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