Legal Opinion

Silver v. Ladd

Supreme Court of the United States

Decided February 15, 1869PublishedCited by 61 opinions

Error to the Supreme Court of Oregon. An act of Congress of-27th September, 1850, providing for the survey and for making donations to settlers of public lands in Oregon, — commonly called the Donation Act, — provides by a part (here quoted verbatim) of its fourth section ' as follows: “ There shall be, and hereby is, granted to every white settler or occupant of the public lands, American half-breed Indians included, above the age of eighteen years, being a citizen of the…

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Error to the Supreme Court of Oregon. An act of Congress of-27th September, 1850, providing for the survey and for making donations to settlers of public lands in Oregon, — commonly called the Donation Act, — provides by a part (here quoted verbatim) of its fourth section ' as follows: “ There shall be, and hereby is, granted to every white settler or occupant of the public lands, American half-breed Indians included, above the age of eighteen years, being a citizen of the United States, or having made a declaration according to law of his intention to become a citizen, or who shall make such…

1Opinion of the CourtJustice Miller

The donation certificate granted to Elizabeth Thomas was set aside by the Commissioner of the Land Office, June 25, 1862, on the ground'that Elizabeth Thomas was not the head of a family. On appeal to the Secretary of the Interior, the action of the commissioner was affirmed, on the ground that she was not a settler on the land. The Supreme Court of Oregon, whose judgment we are now to review, held the certificate void, because she was not such a person as could take lands under the act, being an unmarried female.

If, for any of these reasons, the action of the commissioner can be sustained-,…

2Cases cited1 opinion

  1. Lindsey v. HawesSupreme Court of the United States · 1863

3Cited by61 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Mahn v. HarwoodSupreme Court of the United States · 1884
  3. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  4. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
  5. Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893

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