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Northern Lumber Co. v. O’brien, 204 U.S. 190 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Northern Lumber Co. v. O’brien, 204 U.S. 190 (1907)
Northern Lumber Co. v. O’Brien No. 121 Argued December 7, 1906 Decided January 14, 1907 204 U.S. 190
APPEAL FROM THE UNITED STATES
CIRCUIT COURT OF APPEALS
Syllabus
The grant to the Northern Pacific Railroad Company by the Act of July 2, 1864, 13 Stat. 365, was in praesenti, although title did not attach to specific sections until they were identified, and the grant only included lands which, on that date, were not reserved, sold, granted, or otherwise appropriated; it did not include land then included within an existing and lawful withdrawal made in aid of an earlier grant for another road, although, prior to the selection by the Northern Pacific, it may have appeared that those lands were not within the place limits of the grant for such other road.
When a withdrawal order, properly made, ceases to be in force, the lands withdrawn thereunder do not pass under a grant of unreserved, unsold, or otherwise unappropriated lands, but become part of the public domain, to be disposed of under the general land laws or acts of Congress specially describing them.
139 F. 614 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Northern Lumber Co. v. O’brien, 204 U.S. 190 (1907) in 204 U.S. 190 204 U.S. 192. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=GFBPXD9AQYYK6LM.
MLA: U.S. Supreme Court. "Syllabus." Northern Lumber Co. v. O’brien, 204 U.S. 190 (1907), in 204 U.S. 190, page 204 U.S. 192. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GFBPXD9AQYYK6LM.
Harvard: U.S. Supreme Court, 'Syllabus' in Northern Lumber Co. v. O’brien, 204 U.S. 190 (1907). cited in 1907, 204 U.S. 190, pp.204 U.S. 192. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=GFBPXD9AQYYK6LM.
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