State Ex Rel. Peterson v. District Court of the Ninth Judicial District

The general law relative to this matter is nicely summarized in the majority opinion, but I do not believe it to be accurately applied to the facts of this case.

The record reflects that approval of the “public highway” here involved occurred on February 18, 1938. See Department of Interior letter dated March 11, 1938. It further reflects that such approval was of a “right-of-way” for a “public highway” pursuant to the “Act of March 3, 1901 (31 Stat. 1084)” (codified into 25 U.S.C. § 311). Such Act reads in pertinent part:

“That the Secretary of the Interior is hereby authorized to grant…