Wisconsin v. Lane, 245 U.S. 427 (1918)

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Wisconsin v. Lane

No. 7, Original

Argued December 11, 1917
Decided January 7, 1918
245 U.S. 427

IN EQUITY

Syllabus

The grant of sections numbered 16 for school purposes, made by § 7 of the Enabling Act of August 6, 1846, c. 89, 9 Stat. 56, to the State of Wisconsin, was not an unconditional grant in praesenti; it was subject to the right of Congress to make other disposition of the land before the sections became identified by surveys finally approved, leaving the state the right to obtain other sections by way of indemnity.

By the treaty of October 18, 1848, 9 Stat. 952, the Menominee Indians ceded to the United States their land holdings in Wisconsin in exchange for other lands farther west, and a sum of money; but, dissatisfied with the new lands and desiring to stay in Wisconsin, they remained upon the ceded lands during the period of two years allowed by the treaty and extensions granted thereunder by the President until, by action of the Indian Department and pursuant to an act of Congress appropriating money for the purpose, they were removed in 1852 to another tract in Wisconsin, selected for their reservation. This removal was at first referred to in the act as temporary, but the Wisconsin Legislature, in 1853, assented to their remaining on the tract, and by the treaty of May 12, 1854, 10 Stat. 1064, for the purpose of acquiring the new lands as a permanent home, the Indians relinquished the lands assigned them by the treaty of 1848, and the United States set apart for their home, to be held as Indian lands are held, a reservation including part of the reservation of 1852, with some additional townships. Held that sections numbered 16 which were embraced by both reservations but were not identified by finally approved surveys until after the reservation of 1852 was made were by that reservation and the reservation of 1854 "disposed of" within the meaning of the school section grant in the Wisconsin enabling act, and that other sections numbered 16, embraced by the later reservation only but lacking such identification at its creation, were likewise disposed of; and, as all these sections remained in reservation and subject to the continuing occupancy and rights of the Indians, the state had acquired no title to them, and could not restrain the cutting of timber on them by or in the interest of the Indians.

Decree for defendant.

The case is stated in the opinion.