Newcomb

In the District Court for Southern California, appellee, the United States, filed a bill of complaint and obtained a final decree against appellant, Sarah Anne New-comb, who thereupon appealed to this court. .Appellee now moves this court to reverse the decree and to remand the case to the District Court, with directions to dismiss the bill without prejudice, on the ground that the case has become moot. Appellant resists the motion and seeks a decision on the merits.

The bill alleged that appellee had made a contract with Standard Dredging Company, a corporation (hereafter called the contractor), whereby the contractor had agreed to dredge the land lying under, and covered by, the waters of Newport Bay in the State of California; that Newport Bay was a navigable area of the Pacific Ocean; that the waters-thereof were navigable waters of the United States; that the dredging of the land under said waters was in the interest of navigation and commerce; that the contractor was performing said contract and, in so doing, was acting for, on behalf of, .and under the authority of, the United States; that appellant had brought an action in a State court of California for the purpose of…