Alvarez Y Sanchez v. United States

Background

Sanchez, a resident and citizen of Porto Rico, bought a lifetime office called the numbered Procurador (solicitor) in 1878 and received provisional and later royal confirmation in 1881. He performed the duties and collected fees averaging about $200 a month. After the Spanish–American War the United States acquired Porto Rico by treaty. A U.S. military governor issued an order abolishing the solicitor office in 1900, and Congress then passed the Foraker Act, which left local laws in force except as altered by military orders or later Congress. Sanchez sued the United States for $50,000, claiming his purchased office was taken without compensation and that the Treaty protected his right to the office.

Reasoning

The Court asked whether Sanchez’s purchased office was ordinary private property protected by the Treaty or a public or quasi-public position subject to sovereign control. It held the Treaty protected ordinary private property but did not prevent the United States from abolishing public offices tied to government functions. The Court explained that, as the new sovereign, the United States could change or abolish such offices for the public welfare and that later acts of Congress or military orders could modify local systems even if the office had been sold under the prior sovereign. The result is that Sanchez’s claim for compensation fails and the United States prevails.

Real world impact

People who bought public or court-related offices under Spanish rule cannot force the U.S. government to pay if those offices are abolished. Military orders and subsequent congressional acts may change local office systems without creating a federal duty to compensate purchasers. Holders of similar colonial-era positions must seek relief from Congress or local authorities rather than by suing the United States.