United States v. Inlots
U.S. Circuit Court for the District of Southern Ohio
By act of March 12, 1872 [17 Stat. 39], congress authorized the secretary of the treasury to purchase a site for a public building in Cincinnati, and by act of June 10, 1872 [17 Stat. 353], appropriates money for the “purchase, at private sale or by condemnation,” of the site selected. In March. 1873, the secretary of the treasury selected the grounds described in this case, and authorized the district atto’-ney to proceed to condemn the same.
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By act of March 12, 1872 [17 Stat. 39], congress authorized the secretary of the treasury to purchase a site for a public building in Cincinnati, and by act of June 10, 1872 [17 Stat. 353], appropriates money for the “purchase, at private sale or by condemnation,” of the site selected. In March. 1873, the secretary of the treasury selected the grounds described in this case, and authorized the district atto’-ney to proceed to condemn the same. By act of Ohio legislature April 20, 1872, consent of the state was given and jurisdiction ceded, when “the United States shall have acquired -the…
1Opinion of the Court
SWING, District Judge.
The petition sets forth in substance the grant of power to the secretary of the treasury to purchase a site for post office, custom-house, and other government buildings that the secretary is unable to agree with the owners of the site selected as to its value, and prays its condemnation. To the petition a demurrer has been filed by one defendant, and others have filed a motion to dismiss the petition. Each raises the question of jurisdiction of the court, but the questions presented and argued go to the very foundation of the power of the government to exercise the…
2Cases cited12 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- Folts v. HuntleyNew York Supreme Court · 1831
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3Cited by1 opinion
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925