Northern Pacific Ry. Co. v. Wismer, 246 U.S. 283 (1918)

Northern Pacific Railway Company v. Wismer

No. 152

Argued January 28, 29, 1918
Decided March 4, 1918
246 U.S. 283

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Lands opposite the line of the Northern Pacific Railroad Company constituting an Indian reservation when the line was definitely located were not embraced in the grant of odd numbered sections made to the company by the Act of July 2, 1864, c. 217, 13 Stat. 365. A reservation of public lands for and exclusively devoted to the occupancy of a tribe of Indians, made under the direction and with the approval of the Commissioner of Indian Affairs, and expressly or tacitly approved by the Secretary of the Interior, held valid and effectual to exclude the lands from the Northern Pacific grant, although not formally sanctioned by the President until after the railroad had filed its plat of definite location.

230 F. 591 affirmed.

The case is stated in the opinion.