Eells v. Ross
Court of Appeals for the Ninth Circuit
Appeal from .the Circuit Court of the United States for the District of Washington, Northern Division. Bill by Prank C. Ross against Edwin Eells, Indian agent, and others, officers of the United States army, for an injunction restraining defendants from interfering with the building of a railroad across lands within the Puyallup Indian reservation which have been allotted to Indians in severalty. Prom a judgment and decree for complainant, defendants appeal.
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Appeal from .the Circuit Court of the United States for the District of Washington, Northern Division. Bill by Prank C. Ross against Edwin Eells, Indian agent, and others, officers of the United States army, for an injunction restraining defendants from interfering with the building of a railroad across lands within the Puyallup Indian reservation which have been allotted to Indians in severalty. Prom a judgment and decree for complainant, defendants appeal. This is an appeal from a judgment and decree of the circuit court of the United States for the district of Washington, Northern…
1Opinion of the CourtMcKEDfN’A, Circuit Judge
(after stating the facts as above). We do not consider it necessary to consider or decide all the propositions argued. If the land was an Indian reservation, the agents had a light to remove all persons found there contrary to law. Rev. St. g 2117. See, also, Rev. St. §§ 2118, 2149. It is not disputed that the lands are a part of those set apart as the Puyallup reservation, and that the reservation has not been directly revoked; but if is contended that the allotment of the lands in severally, and afterwards making the Indians citizens, necessarily had the effect to revoke the reservation.…
2Cases cited5 opinions
- The Kansas IndiansSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Sturr v. BeckSupreme Court of the United States · 1890
- CoombsMassachusetts Supreme Judicial Court · 1879
- Smythe v. HenryU.S. Circuit Court for the District of Western North Carolina · 1890
3Cited by36 opinions
- Tiger v. Western Investment Co.Supreme Court of the United States · 1911
- United States v. CelestineSupreme Court of the United States · 1909
- Yankton Sioux Tribe v. PodhradskyCourt of Appeals for the Eighth Circuit · 2010
- United States v. GrayCourt of Appeals for the Eighth Circuit · 1912
- Farrell v. United StatesCourt of Appeals for the Eighth Circuit · 1901
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