Legal Opinion

Smith v. Townsend

Supreme Court of the United States

Decided April 3, 1893No. 1173PublishedCited by 47 opinions

APPEAL FROM THE SUPREME C.OURT OF THE TERRITORY OF OKLAHOMA. ■ On April 30, 1891, the appellant filed his complaint in the District Court of Oklahoma County, Territory of Oklahoma.

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APPEAL FROM THE SUPREME C.OURT OF THE TERRITORY OF OKLAHOMA. ■ On April 30, 1891, the appellant filed his complaint in the District Court of Oklahoma County, Territory of Oklahoma. In this complaint he alleged his citizenship, and full qualification to enter public lands under the homestead laws of the United States; that during the years 1888 and 1889 the Atchison, Topeka and Santa Fé Railroad Company was engaged-in operating a railroad through the Indian Territory, having a right of way therein, granted by treaty with the Indians, and acts of Congress; that during those years he was…

1Opinion of the CourtJustice Brewer

This case turns on the construction to be. given to the acts of March 1 and 2,1889, and the proclamation of the President of March 23, 1889. The act of March 1, 1889, 25 Stat-.' 757, 759, c. 317, was an act ratifying and confirming an. agreement with the Muscogee (or Creek) Indians in the Indian Territory, whereby a large body of their lands had been' ceded to the United States. The second section, of the act was in these words:

“ That the lands acquired by the United States under said agreement shall be a part of the public domain, but they shall only be disposed of in accordance with -the…

2Cases cited3 opinions

  1. United States v. Union Pacific RailroadSupreme Court of the United States · 1875
  2. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  3. Aldridge v. WilliamsSupreme Court of the United States · 1844

3Cited by47 opinions

  1. Great Northern Railway Co. v. United StatesSupreme Court of the United States · 1942
  2. Fleming v. Hawkeye Pearl Button Co.Court of Appeals for the Eighth Circuit · 1940
  3. Daniel v. SimmsWest Virginia Supreme Court · 1901
  4. Black v. JacksonSupreme Court of the United States · 1900
  5. Swendig v. Washington Water Power Co.Supreme Court of the United States · 1924

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