Am. Banana Co. v. United Fruit Co., 213 U.S. 347 (1909). · Go Syfert
Am. Banana Co. v. United Fruit Co., 213 U.S. 347 (1909). Cases Citing This Book View Copy Cite
1,068 citation events (162 in the last 25 years) across 82 distinct courts.
Strongest positive: Hewlett-Packard Company v. Toshiba Corporation (ca5, 2020-06-05)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hewlett-Packard Company v. Toshiba Corporation (2×) also: Cited as authority (rule)
5th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
n case of doubt," a statute should be construed "as intended to be confined in its operation and effect to the territorial limits over which the lawmaker has general and legitimate power.
discussed Cited as authority (verbatim quote) Executive Branch Encouragement of Contributions to a Nicaraguan Opposition Party
OLC · 1990 · signal: see · quote attribution · 1 verbatim quote · confidence high
all legislation is prima facie territorial.
examined Cited as authority (verbatim quote) United States v. One Gates Learjet (3×) also: Cited as authority (quoted)
5th Cir. · 1988 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
he general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.
examined Cited as authority (verbatim quote) United States v. One Gates Learjet (3×) also: Cited as authority (quoted)
5th Cir. · 1988 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
he general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.
discussed Cited as authority (rule) United States v. Corrigan Clay (2×) also: Cited "see"
3rd Cir. · 2025 · confidence medium
Co. v. California, 509 U.S. 764 , 795–96 (1993); see also id. at 813–14 (Scalia, J., dissenting) (“[T]his Court has repeatedly upheld [Congress’s foreign commerce] power to make laws applicable to persons or activities beyond our territorial boundaries where United States interests are affected.” (emphasis added) (first citing Ford v. United States, 273 U.S. 593 , 621–23 (1927); then citing United States v. Bowman, 260 U.S. 94 , 98–99 (1922); and then citing American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 (1909))). 2 The text of the Foreign Commerce Clause also “refl…
cited Cited as authority (rule) Prime International Trading Ltd. v. BP PLC
2d Cir. · 2019 · confidence medium
Banana Co. v. United Fruit Co., 213 U.S. 347, 357 (1909) (Holmes, J.).
discussed Cited as authority (rule) Morrison v. National Australia Bank Ltd. (2×)
SCOTUS · 2010 · confidence medium
These are no longer of relevance to the point (if they ever were), since Continental Ore overruled the holding of American Banana Co. v. United Fruit Co., 213 U. S. 347, 357 (1909), that the antitrust laws do not apply extrater­ ritorially.
discussed Cited as authority (rule) Shady Grove Orthopedic Associates, P. A. v. Allstate Insurance (2×)
SCOTUS · 2010 · confidence medium
Thus, we sometimes presume that laws cover only domestic conduct and sometimes do not, depending upon, inter alia, whether it makes sense in a given situation to assume that “the character of an act as lawful or unlawful must be determined wholly by the law of the [place] where the act is done,” American Banana Co. v. United Fruit Co., 213 U. S. 347, 356 (1909).
discussed Cited as authority (rule) In Re Refined Petroleum Products Antitrust Litigation
S.D. Tex. · 2009 · confidence medium
In upholding the lower courts’ dismissal, the Supreme Court stated, “[w]e think it entirely plain that what the defendant did in Panama or Costa Rica is not within the scope of the statute so far as the present suit is concerned.” Id. at 513.
discussed Cited as authority (rule) Omega S.A. v. Costco Wholesale
9th Cir. · 2008 · confidence medium
Int’l L. 85, 101 (1998) (characterizing this cir- cuit’s approach under the Copyright Act as consistent with American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 (1909), overruled on other grounds, Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 704-05 (1962), which described the presumption as a “general and almost universal rule . . . that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done”). [10] Given this understanding of the presumption, the application of § 109(a) to foreign-made copie…
examined Cited as authority (rule) In Re: Air Crash Off Long Island, New York, on July 17, 1996 (4×) also: Cited "see, e.g."
2d Cir. · 2000 · confidence medium
In the years DOHSA was pending before Congress, Justice Holmes characterized the "high seas" as "outside the territory, in a place belonging to no other sovereign," The Hamilton, 207 U.S. at 403 , and as a region "subject to no sovereign." American Banana Co. v. United Fruit Co., 213 U.S. 347, 355 (1909). 24 These decisions, which interpreted "high seas" to mean "non-territorial waters," shaped the terms of the debate over DOHSA.
discussed Cited as authority (rule) In Re Initiative Petition No. 364 (2×)
Okla. · 1996 · confidence medium
In American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511, 512 ( 53 L.Ed. 826 , 16 Ann.
discussed Cited as authority (rule) Hartford Fire Insurance v. California
SCOTUS · 1993 · confidence medium
See Romero, supra, at 384 (holding no claim available under the Jones Act); American Banana Co. v. United Fruit Co., 213 U. S. 347, 359 (1909) (holding that complaint based upon foreign conduct “alleges no case under the [Sherman Act]”).
discussed Cited as authority (rule) Hartford Fire Insurance v. California
SCOTUS · 1993 · confidence medium
See Romero, supra, at 384 (holding no claim available under the Jones Act); American Banana Co. v. United Fruit Co., 213 U. S. 347, 359 (1909) (holding that complaint based upon foreign conduct “alleges no case under the [Sherman Act]”).
discussed Cited as authority (rule) Hartford Fire Ins. Co. v. California
SCOTUS · 1993 · confidence medium
See Romero, supra, at 384 (holding no claim available under the Jones Act); American Banana Co. v. United Fruit Co., 213 U. S. 347, 359 (1909) (holding that complaint based upon foreign conduct "alleges no case under the [Sherman Act]").
cited Cited as authority (rule) Extraterritorial Effect of the Posse Comitatus Act
OLC · 1989 · confidence medium
All legislation is prima facie ter­ ritorial.” Id. at 357 (citation and internal quotation marks omitted).
cited Cited as authority (rule) Pennington v. State
Md. · 1987 · confidence medium
American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 [ 29 S.Ct. 511, 512 , 53 L.Ed. 826 ].
discussed Cited as authority (rule) State Ex Rel. Brant v. Beermann (2×)
Neb. · 1984 · confidence medium
In American Banana Co. v. United Fruit Co. 213 U. S. 347, 356 [ 29 S. Ct. 511 , 53 L.
discussed Cited as authority (rule) Fred P. Terry, Cross-Appellant v. Raymond International, Inc. v. Manitowoc Engineering Company, Cross-Appellee
5th Cir. · 1982 · confidence medium
Cf. Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 704-05 , 82 S.Ct. 1404, 1413 , 8 L.Ed.2d 777, 787 (1962); American Banana Co. v. United Fruit Co., 213 U.S. 347, 355-56 , 29 S.Ct. 511, 512 , 53 L.Ed. 826, 831-832 (1909).
discussed Cited as authority (rule) Zenith Radio Corp. v. Matsushita Electric Industrial Co.
E.D. Pa. · 1980 · confidence medium
Furthermore, these considerations “would lead, in a case of doubt, to a construction of any statute as intended to be confined in its operation and effect to the territorial limits over which the lawmaker has general and legitimate power. ‘All legislation is prima facie territorial.’ ” Id. at 357 , 29 S.Ct. at 513 (citations omitted).
discussed Cited as authority (rule) State Surety Co. v. Lensing
Iowa · 1977 · confidence medium
Corp., S.D.N.Y., 280 F.Supp. 106, 123 ; Sandberg v. McDonald, 248 U.S. 185, 196 , 39 S.Ct. 84, 86 , 63 L.Ed. 200, 204 ; American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 , 29 S.Ct. 511, 513 , 53 L.Ed. 826, 832 (All legislation is prima facie territorial).
cited Cited as authority (rule) State v. Karsten
Neb. · 1975 · confidence medium
Ed. 680 ]; American Banana Co. v. United Fruit Co., 213 U. S. 347, 356-357 [ 29 S. Ct. 511 , 53 L.
discussed Cited as authority (rule) Zschernig v. Miller (2×)
SCOTUS · 1968 · confidence medium
Co., 194 U. S. 120, 129 (Holmes, J.); American Banana Co. v. United Fruit Co., 213 U. S. 347, 355-356 (Holmes, J.); Cuba R.
discussed Cited as authority (rule) Patrick A. McKenna v. Floyd A. Wallis and Pan American Petroleum Corporation, Pan American Petroleum Corporation v. Floyd A. Wallis (2×)
5th Cir. · 1965 · confidence medium
American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 [ 29 S.Ct. 511 , 53 L.Ed. 826 ] (1908).
discussed Cited as authority (rule) Gordon v. Reynolds
Cal. Ct. App. · 1960 · confidence medium
“All legislation is prima facie territorial.” (Holmes, J., in American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 [ 29 S.Ct. 511 , 53 L.Ed. 826 ] ; and see Ryan v. North Alaska Salmon Co., 153 Cal. 438 [95 P.862].) Counsel’s contention is that certain acts which caused the accident, and therefore the death, occurred in California, and that Code of Civil Procedure, section 377, is thereby brought into play.
discussed Cited as authority (rule) Longstreth v. Superior Court
Cal. Ct. App. · 1959 · confidence medium
(See People v. Chapman, 55 Cal.App. 192, 197 [ 203 P. 126 ]; Foley Bros. v. Filardo, 336 U.S. 281, 284-286 [ 69 S.Ct. 575 , 93 L.Ed. 680 ]; American Banana Co. v. United Fruit Co., 213 U.S. 347, 356-357 [ 29 S.Ct. 511 , 53 L.Ed. 826 ].) Similarly, section 182 of the Penal Code, standing alone, should not be read as applying to a conspiracy to commit a crime in another jurisdiction.” (P. 715.) To the same effect, State v. Bennett (1945), 81 Okla.
cited Cited as authority (rule) Rutkin v. Reinfeld
S.D.N.Y. · 1954 · confidence medium
American Banana Co. v. United Fruit Co., 213 U.S. 347, 355, 359 , 29 S.Ct. 511, 512 , 53 L.Ed. 826 .
discussed Cited as authority (rule) People v. Buffum (2×)
Cal. · 1953 · confidence medium
(See People v. Chapman, 55 Cal.App. 192, 197 [ 203 P. 126 ] ; Foley Bros. v. Filardo, 336 U.S. 281, 284-286 [ 69 S.Ct. 575 , 93 L.Ed. 680 ]; American Banana Co. v. United Fruit Co., 213 U.S. 347, 356-357 [ 29 S.Ct. 511 , 53 L.Ed. 826 ].) Similarly, section 182 of the Penal Code, standing alone, should not be read as applying to a conspiracy to commit a crime in another jurisdiction.
cited Cited as authority (rule) Skiriotes v. Florida
SCOTUS · 1941 · confidence medium
American Banana Co. v. United Fruit Co., 213 U. S. 347, 355, 356 ; United States v. Bowman, 260 U. S. 94 ; Cook v. Tait, 265 U. S. 47 ; Blackmer v. United States, 284 U. S. 421, 437 .
discussed Cited as authority (rule) Kaiser v. North
Mich. · 1939 · confidence medium
“The general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.” American Banana Co. v. United Fruit Co., 213 U. S. 347, 356, 357 . (29 Sup. Ct. 511, 16 Ann.
discussed Cited as authority (rule) The Mandu
E.D.N.Y · 1936 · confidence medium
Royal Mail Steam Packet Co. v. Companhia De Navegaco Lloyd Brasileiro (D.C.) 31 F.(2d) 757, 758 ; Smith v. Condry, 1 How. 28 , 11 L.Ed. 35 ; American Banana Co. v. United Fruit Co., 213 U.S. 347, 348, 355 , 29 S.Ct. 511 , 53 L.Ed. 826 , 16 Ann.Cas. 1047; New York Central R.
cited Cited as authority (rule) The Hanna Nielsen
W.D. Wash. · 1928 · confidence medium
American Banana Co. v. United Fruit Co., 213 U. S. 347, 356 [ 29 S. Ct. 511 , 53 L.
cited Cited as authority (rule) In Re Lam Mow
N.D. Cal. · 1927 · confidence medium
Ed. 264 ]; American Banana Co. v. United Fruit Co., 213 U. S. 347, 355 [ 29 S. Ct. 511 , 53 L.
discussed Cited as authority (rule) The Underwriter (2×)
2d Cir. · 1926 · confidence medium
Ed. 264 ]; American Banana Co. v. United Fruit Co., 213 U. S. 347, 355 [ 29 S. Ct. 511 , 53 L.
discussed Cited as authority (rule) New York Central Railroad v. Chisholm
SCOTUS · 1925 · confidence medium
The foregoing considerations would leád in case of doubt to a construction of any statute ,as intended to be confined in its operation and effect to the territorial limits over which the lawmakér has. general and legitimate power. ‘All legislation is prima facie territorial.’ ” American Banana Co. v United Fruit Co., 213 U. S. 347, 356, 357 .
cited Cited as authority (rule) Hewitt v. Speyer
2d Cir. · 1918 · confidence medium
A. 325 , and by the Supreme Court in 213 U. S. 347 , 29 Sup. Ct. 511, 53 L.
cited Cited as authority (rule) Ex parte Graham
S.D. Cal. · 1914 · confidence medium
Rep. 75 ]; American Banana Co. v. United Fruit Co., 213 U. S. 347, 356 [29 Sup. Ct. 511, 53 L.
cited Cited "see" Compania De Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua S.A.B. de C.V.
D. Colo. · 2021 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 (1909), overruled on other grounds, Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 704-05 (1962).
examined Cited "see" Music Sales Limited v. Charles Dumont & Son, Inc. (3×)
D.N.J. · 2009 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909) (discussing “the comity of nations”).
discussed Cited "see" Animal Science Products, Inc. v. China National Metals & Minerals Import & Export Corp. (2×)
D.N.J. · 2008 · signal: see · confidence high
See id. at 356 , 29 S.Ct. 511 .
examined Cited "see" French v. Liebmann (In Re French) (3×)
D. Maryland · 2004 · signal: see · confidence high
See American Banana v. United Fruit Co., 213 U.S. 347 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909); Foley Bros., Inc. v. Filardo, 336 U.S. 281 , 69 S.Ct. 575 , 93 L.Ed. 680 (1949). 6 .
examined Cited "see" Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd. (3×)
4th Cir. · 2002 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909); IA Areeda & Hovenkamp § 272b at 350-51 (describing post- American Banana Supreme Court cases in which jurisdiction depended on finding “actions within the United States”).
examined Cited "see" Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd (3×)
4th Cir. · 2002 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909); IA Areeda & Hovenkamp § 272b at 350-51 (describing post- American Banana Supreme Court cases in which jurisdiction depended on finding "actions within the United States"). 22 In 1945, a leading opinion by Judge Learned Hand, which the Supreme Court later endorsed, displaced this approach based on the location of the conduct, and shifted attention to the location of the conduct's actual or intended effect.
examined Cited "see" Labor Union of Pico Korea, Ltd. v. Pico Products, Inc. (3×)
2d Cir. · 1992 · signal: see · confidence high
See id. at 287 & n. 3, 69 S.Ct. at 578 & n. 3 (quoting American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 , 29 S.Ct. 511, 513 , 53 L.Ed. 826 (1909)).
examined Cited "see" Labor Union Of Pico Korea, Ltd. v. Pico Products, Inc. (3×)
2d Cir. · 1992 · signal: see · confidence high
See id. at 287 & n. 3, 69 S.Ct. at 578 & n. 3 (quoting American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 , 29 S.Ct. 511, 513 , 53 L.Ed. 826 (1909)). 15 Similarly, Benz v. Compania Naviera Hidalgo, 353 U.S. 138 , 77 S.Ct. 699 , 1 L.Ed.2d 709 (1957), held that the LMRA did not govern a dispute stemming from the picketing of a foreign ship operated entirely by foreign seamen under foreign articles while the vessel was temporarily in an American port.
examined Cited "see" Ali Boureslan v. Aramco, Arabian American Oil Co. And Aramco Service Company (6×)
5th Cir. · 1990 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511, 512 , 53 L.Ed. 826 (1909); Blackmer v. United States, 284 U.S. 421, 437 , 52 S.Ct. 252, 254 , 76 L.Ed. 375 (1932).
examined Cited "see" In Re McLean Industries (3×)
Bankr. S.D.N.Y. · 1987 · signal: accord · confidence high
It is usually presumed that economic regulation “is meant to apply only within the United States.” Foley Bros., Inc. v. Filardo, 336 *597 U.S. 281, 285, 69 S.Ct. 575, 577-78 , 93 L.Ed. 680 (1949); accord American Banana Co. v. United Fruit Co., 213 U.S. 347 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909).
examined Cited "see" Hammer Deroburt v. Gannett Co., Inc., Guam Publications, Inc., D/B/A Pacific Daily News (3×)
9th Cir. · 1984 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347 , 29 S.Ct. 511 , 53 L.Ed. 826 (1909); Hunt v. Mobil Oil Corp., 550 F.2d 68 (2nd Cir.1977); Occidental Petroleum Corp. v. Buttes Gas & Oil Co., 331 F.Supp. 92, 110 (C.D.Cal.1971), aff'd, 461 F.2d 1261 (9th Cir.1972), cert. denied 409 U.S. 950 , 93 S.Ct. 272 , 34 L.Ed.2d 221 (1972).
examined Cited "see" United States v. Mosley (3×)
usarmymilrev · 1982 · signal: see · confidence high
See American Banana Co. v. United Fruit Co., 213 U.S. 347 , 29 S.Ct. 511 , 53 L.
examined Cited "see" United States v. Firestone Tire & Rubber Co. (3×)
N.D. Ohio · 1981 · signal: see · confidence high
See American Banana v. United Fruit Co., 213 U.S. 347, 356 , 29 S.Ct. 511, 512 , 53 L.Ed. 826 (1909).
Retrieving the full opinion text from the archive…
American Banana Company
v.
United Fruit Company
Supreme Court of the United States.
Apr 26, 1909.
213 U.S. 347
Mr. Everett P. Wheeler, with whom Mr. Horace E. Demirig was on the brief, for plaintiff in error:, Mr. Henry W. Taft and Mr. Moorfield Storey, with whom Mr. Walker B. Spencer and Mr. J. L. Thorndike were on the brief, for defendant in error:
Holmes, Harlan.
367
1 passages pin-cited by 2 cases
Pinpoint authority: #36,458 of 633,719
Citer courts: Fifth Circuit (4)
Mr. Justice Holmes

delivered the opinion of the court.

This is an action brought to recover threefold damages under the Act to Protect Trade against Monopolies. July 2, 1890, c. 647, § 7. 26 Stat. 209, 210. The Circuit Court dismissed the complaint upon motion, as not setting forth a cause of action. 160 Fed. Rep. 184. This judgment was affirmed by the Circuit Court Of Appeals, 166 Fed. Rep. 261, and the case then was brought to this court by writ of error.

[*354] The allegations of the complaint may be summed up as follows: The plaintiff is an Alabama corporation, organized in 1904. The defendant is a New Jersey corporation, organized in 1899. Long before the plaintiff was formed, the defendant, with intent to prevent competition and to control and monopolize the banana trade, bought the property and business of several of its previous competitors, with provision against their resuming the trade, made contracts with others, including a majority of the most important, regulating the quantity to be purchased and the price to be paid, and acquired a controlling amount of stock in still others. For the same purpose it organized a selling company, of which it held the stock, that by agreement sold at fixed prices all the bananas of the combining parties. By this and other means it did-monopolize and restrain the trade and maintained unreasonable prices. The defendant being in this ominous attitude, one McConnell in 1903 started a banana plantation in Panama, then part of the United States of Colombia, and began to build a railway (which would afford his only means of export), both in accordance with the laws of the United States of Colombia. He was notified by the defendant that he must either combine or stop. Two months later, it is believed at the defendant’s instigation, the governor of Panama recommended to his national government that Costa Rica be allowed to administer the territory through which the railroad was to run, and this although that territory had been awarded to Colombia under an arbitration agreed to by treaty. The defendant, and afterwards, in September, the government of Costa Rica, it is believed by the inducement of the defendant, interfered with McConnell. In November, 1903, Panama revolted and became an independent republic, declaring its boundary to be that settled by the award. In June, 1904, the plaintiff bought out McConnell and went on with the work, as it had a right to do under the laws,of Panama. But in July, Costa Rican soldiers and officials, instigated by the defendant, seized a part of the plantation and a cargo of supplies and have held them ever since, and stopped the construction and operation[*355] of the plantation and railway. In August one Astua, by ex parte proceedings, got a judgment from a Costa Rican court, declaring the plantation to be his, although, it is alleged, the proceedings were not within the jurisdiction of Costa Rica, and were contrary to its laws and void. Agents of the defendant then bought the lands from Astua. The plaintiff has tried to induce the government of Costa Rica to withdraw its soldiers and also has tried to persuade the United States to interfere, but has been thwarted in both by the defendant and has failed. The government of Costa Rica remained in possession down to the bringing of the suit.

As a result of the defendant’s acts the plaintiff has been deprived of the use of the plantation, and the railway, the plantation and supplies have been injured. The defendant also, by outbidding, has driven purchasers out of the market and has compelled producers to come to its terms, and it has prevented the plaintiff from buying for export and sale. This is the substantial damage alleged. There is thrown in a further allegation that the defendant has “sought to injure” the plaintiff’s business by offering positions to its employés and by discharging and threatening to discharge persons in its own employ who were stockholders of the plaintiff. But no. particular point is made of this. It is contended, however, that; even if the main argument fails and the defendant is held not to be answerable for acts depending on the cooperation of the.government of Costa Rica for their effect, a wrongful conspiracy resulting in driving the plaintiff out of business is to be gathered from the complaint and that it was entitled to go to trial upon that.

It is obvious that, however stated, the plaintiff’s case depends on several rather startling propositions. In the first place the acts causing the damage were done, so far as appears, outside, the jurisdiction of the United States and within that of other states. It is surprising to hear it argued that they were governed by the act of Congress.

No doubt in regions subject to no sovereign, like the high seas, or to no law that civilized countries would recognize ap[*356] adequate, such countries may treat some relations between their citizens as governed by their own law, and keep to some extent the old notion of personal sovereignty alive. See The Hamilton, 207 U. S. 398, 403; Hart v. Gumpach, L. R. 4 P. C. 439, 463; 464; British South Africa Co. v. Companhia de Mocambique [1893], A. C. 602. They go further, at times, and declare that they will punish any one, subject or not, who shall do certain things, if they can catch him, as in the case of pirates on the high seas. In cases immediately affecting national interests they may go further still and may make, and, if they get the chance, execute similar threats as to acts done within another recognized jurisdiction. An illustration from our statutes is found with regard to criminal correspondence with foreign governments. Rev. Stat., §5335. See further Commonwealth v. Macloon, 101 Massachusetts, 1; The Sussex Peerage, 11 Cl. & Fin. 85, 146. And the notion that English statutes bind British subjects everywhere has found expression in modern times and has had some startling applications. Rex v. Sawyer, 2 C. & K. 101; The Zollverein, Swabey, 96, 98. But the general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done. Slater v. Mexican National R. R. Co., 194 U, S. 120, 126. This principle was carried to an extreme in Milliken v. Pratt, 125 Massachusetts, 374. For another jurisdiction, if it should happen to lay hold of the actor, to treat him according to its own notions rather than-those of the place where he did the acts, not only would be unjust, but would be an interference with the authority of another sovereign, contrary to the comity of nations, which the other state concerned justly might resent. Phillips v. Eyre, L. R. 4 Q. B. 225, 239; L. R. 6 Q. B. 1, 28; Dicey, Conflict of Laws (2d ed.), 647. See also Appendix, 724, 726, Note 2, ibid.

Law is a statement of the circumstances in which the public force will be brought to bear upon men through the courts. But the word commonly is confined to such prophecies or threats when addressed to persons living within the power of[*357] the courts. A threat that depends upon the choice of the party affected to bring himself within that power hardly would be called law in the ordinary sense. We do not speak of blockade running by neutrals as unlawful. And the usages of speech correspond to the limit of the attempts of the lawmaker, except in extraordinary cases. It is true that domestic corporations remain always within the power of the domestic law, but in the present case, at least, there is no ground for distinguishing between corporations and men.

The foregoing considerations would lead in case of doubt to a construction of any statute as intended to be confined in its operation and effect to the territorial limits over which the lawmaker has general and legitimate power. “All legislation is prima facie territorial.” Ex parte Blain, In re Sawers, 12 Ch. Div. 522, 528; State v. Carter, 27 N. J. (3 Dutcher) 499; People v. Merrill, 2 Parker, Crim. Rep. 590, 596. Words having universal scope, such as “Every contract in restraint of trade,” “Every person'who shall monopolize,” etc., will be taken as a matter of course to mean only every one subject to such legislation, .not all that the legislator subsequently may be able to catch. In the case of the present statute the improbabilty of the United States attempting to make acts done in Panama or Costa Rica criminal is obvious, yet the law begins by making criminal the acts for which it gives a right to sue. We think it-entirely plain that what the defendant did in Panama or Costa Rica is not within the scope of the statute so far as the present suit is concerned. Other objections of a serious nature are. urged but need not be discussed.

For again, not only were the acts of the defendant in Panama or Costa Rica not within the Sherman Act, but they were not torts by the law of the place and therefore were not torts at all, however contrary to the ethical and economic postulates of that statute. The substance of the complaint is that; the plantation being within the de facto jurisdiction of Costa Rica, that state took and keeps possession of it by virtue of its sovereign power. But a seizure by a state is not a thing that can be[*358] complained of elsewhere in the courts. Underhill v. Hernandez, 168 U. S. 250. The fact, if it be one, that de jure the estate is in Panama does not matter in the least; sovereignty is pure fact. The fact has been recognized by the United States, and by the implications of the bill is assented to by Panama.

The fundamental reason why persuading a sovereign power to do this or that cannot be a tort is not that the sovereign cannot be joined as a defendant or because it must be assumed to be acting.lawfully.' The intervention of parties who had a right knowingly to produce the harmful result between the defendant and the- harm has been thought to be a non-conductor and to bar responsibility, Allen v. Flood [1898], A. C. 1, 121, 151, etc., but it is not clear that this is always true, for instance, in the case of the privileged repetition of a slander, Elmer v. Fessenden, 151 Massachusetts, 359, 362, 363, or the malicious and unjustified persuasion to discharge froiri employment. Moran v. Dunphy, 177 Massachusetts, 485, 487. The fundamental reason is that it is a contradiction in terms to say that within its jurisdiction it is unlawful to persuade a sovereign-power to bring about a result that it declares by its conduct to be desirable and proper. It does not, and foreign courts cannot, admit that the influences were improper or the results bad. It makes the persuasion lawful by its pwn .act. The very meaning of sovereignty is that the decree of the sovereign makes law. See Kawananakoa v. Polyblank, 205 U. S. 349, 353. In the case of private persons it consistently may assert the freedom of the immediate parties to an injury and yet declare that certain persuasions addressed to them are wrong. See Angle v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 151 U. S. 1, 16-21; Fletcher v. Peck, 6 Cranch, 87, 130, 131.

The plaintiff relied a good deal on Rafael v. Verelst, 2 Wm. Bl: 983; Ib. 1055. But in that case, although the Nabob who imprisoned the plaintiff was called a sovereign for certain purposes, he was found to be the mere tool of the defendant, an English Governor. That hardly could- be listened to concerning a really independent state. But of course it is not. alleged[*359] that Costa Rica stands in that relation to the United Fruit Company.

The acts of the soldiers and officials of Costa Rica are not alleged to have been without the consent of the government and must be taken to have been done by its order. It ratified them, at all events, and adopted and keeps the possession taken by them; O’Reilly de Camara v. Brooke, 209 U. S. 45, 52; The Paquete Habana, 189 U. S. 453, 465; Dempsey v. Chambers, 154 Massachusetts, 330, 332. The injuries to the plantation and supplies seem to have been the direct effect of the acts of the Costa Rican government, which is holding them under an adverse claim of right. The claim for them must fall with the claim for being deprived of the use and profits of the place. As to the buying at a high price, etc., it is enough to say that we have no ground for supposing that it was unlawful in the countries where the purchases were made. Giving to this complaint every Reasonable latitude of interpretation we are of opinion that it alleges no case under the act of Congress and discloses nothing that we can suppose to have been a tort where it was done. A conspiracy in this country to do acts in another jurisdiction does not draw to itself those acts and make them unlawful, if they are permitted by the local law.

Further reasons might be given why this complaint should . not be upheld, but we have said enough to dispose of it and to indicate our general point of view.

Judgment affirmed.

Mr. Justice Harlan concurs in the result.