Government of Guam Ex Rel. Carlos G. Camacho and G. Ricardo Salas, Carlos G. Camacho and G. Ricardo Salas v. Horace v. Bird

Appellants are citizens and taxpayers of the Territory of Guam purporting to act on behalf of the government of Guam. When this action was instituted in the District Court of the Territory, appellee was Commander, Naval Forces, Marianas. In that capacity, he imported alcoholic beverages for use within military reservations in Guam. The importation was pursuant to Department of Defense Regulations promulgated under section 6 of the Universal Military Training and Service Act, 50 U.S.C. App. § 473 (1964).

Appellants contend that the importation was contrary to the laws of Guam because the alcoholic beverages were not consigned to a licensed wholesaler (section 25600 of title 26, Government Code of Guam) and taxes were not paid upon them (section 25601 of title 26, Government Code of Guam). By their complaint, appellants sought injunctive relief against appellee’s further importation in claimed violation of the indicated territorial statutes. The district court dismissed the complaint. It held that appellants were without standing to sue and that the suit was in substance an unconsented one against the United States.

We affirm. Appellants lack the requisite interest upon which to…