United States v. Sweet
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. Section 6 of the Utah Enabling Act must- be taken according to the plain meaning of its words. There is no exception or even mention in it of mineral lands; but other matters excepted are enumerated with particularity which shows the more clearly that no exception of mineral land could have been intended.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The case is stated in the opinion. Section 6 of the Utah Enabling Act must- be taken according to the plain meaning of its words. There is no exception or even mention in it of mineral lands; but other matters excepted are enumerated with particularity which shows the more clearly that no exception of mineral land could have been intended. The same is true of the entire statute, which does not mention mines or minerals, much less except them. Section 10 furthermore declares that these school sections were under no circumstances…
1Opinion of the CourtJustice Van Devanter
This is a suit by the United States to quiet the title to section 32 of a designated township in Carbon County, Utah, the suit being specially directed against a claim asserted by the defendant, as an assignee of the State, under 'the school land grant to the latter. Whether this tract passed to the State .under that grant or was reserved to the United States as mineral land is the matter in controversy. In the District Court the United States prevailed as to all but 40 acres, but in the Circuit Court of Appeals that decree was reversed and one for the defendant was directed. 228 Fed. Rep.…
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