United States v. Cadzow
District Court, D. Alaska
The district attorney for this division, under authority from, and by the direction of, the Attorney General of the United States, began this action to enjoin the defendants from entering or trespassing upon a certain tract of land, situate upon the north bank of the Yukon river at a place known as Ft.
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The district attorney for this division, under authority from, and by the direction of, the Attorney General of the United States, began this action to enjoin the defendants from entering or trespassing upon a certain tract of land, situate upon the north bank of the Yukon river at a place known as Ft. Yukon, alleging, in effect, that the tract in question was public land of the United States, and that the St. Stephen’s Mission of the Protestant Episcopal Church in the United States had made application for patent therefor, which was pending before the land office, for itself and for a band…
1Opinion of the Court
FULUER, District Judge.
The rights of the Indians generally in the United States to the occupancy of lands have been considered by various courts in a number of instances, and it is generally conceded that the aboriginal inhabitants of the country had the right to such occupancy, although the paramount title is vested in the government; that such right of occupancy is good as against all others except the government, but that it is not of a nature to prevent the government from dealing with the title as it may see fit. In an early case the nature and rights of the title of Indians to lands in…
2Cases cited18 opinions
- United States v. KagamaSupreme Court of the United States · 1886
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- United States v. SandovalSupreme Court of the United States · 1913
- Beecher v. WetherbySupreme Court of the United States · 1877
- Beck v. Flournoy Live-Stock & Real-Estate Co.Court of Appeals for the Eighth Circuit · 1894
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3Cited by3 opinions
- Hynes, Regional Director, Fish & Wildlife Service v. Grimes Packing Co.Supreme Court of the United States · 1949
- Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1947
- Hynes, Regional Director, Fish & Wildlife Service v. Grimes Packing Co.Supreme Court of the United States · 1949