Noble v. Union River Logging Railroad
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity by the Union River Logging Railroad Company to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from executing a certain order revoking the approval of the plaintiff’s maps Tor a right of way over the public lands, and also from molesting plaintiff in the enjoyment of such right of way secured to it ■under an act of Congress.
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APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was a bill in equity by the Union River Logging Railroad Company to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from executing a certain order revoking the approval of the plaintiff’s maps Tor a right of way over the public lands, and also from molesting plaintiff in the enjoyment of such right of way secured to it ■under an act of Congress. The bill averred in substance that the Union River Logging Railroad Company was organized March 20, 1883, under chapter 185 of the Territorial Code of…
1Opinion of the Court
■ Mb. Justice. Brown,-
after stating the case, delivered the opinion of the court.
Tips case involves not only the power qf this court to enjoin the Bfead of a Department, but the power of a Secretary of the Interior to annul the action of his predecessor, when such action operates to give effect to a grant of public lands to a railroad corporation.
1. With regard to the judicial power in cases of this kind, it was held by this court as early as 1803, in the great case of Marbury v. Madison, 1 Cranch, 137, that there was a distinction between acts involving the exercise of judgment or discretion…
2Cases cited61 opinions
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- Pennoyer v. NeffSupreme Court of the United States · 1878
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
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- Thompson v. WhitmanSupreme Court of the United States · 1874
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