Steele v. Tanana Mines Ry. Co.
District Court, D. Alaska
The pleadings and evidence show that one C. H. Heine entered Garden Island, lying opposite the town of Fairbanks, Alaska, as a homestead on the 25th day of April, 1903, and that said entry was at all times mentioned in this case and now is a valid homestead entry. This island is bounded on the south and west by the Chena river, a navigable stream, and on the east and north by a dry slough, wherein there is a current from the Chena river only at times of high water.
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The pleadings and evidence show that one C. H. Heine entered Garden Island, lying opposite the town of Fairbanks, Alaska, as a homestead on the 25th day of April, 1903, and that said entry was at all times mentioned in this case and now is a valid homestead entry. This island is bounded on the south and west by the Chena river, a navigable stream, and on the east and north by a dry slough, wherein there is a current from the Chena river only at times of high water. Archie Burns had, prior to the time when either plaintiff or defendant claim to have acquired rights in any part of the premises,…
1Opinion of the Court
WICKERSHAM, District Judge.
The defendant is a corporation organized under the laws of the state of Washington, and engaged in the construction of a railroad from Chena to Fairbanks, in the District of Alaska. It claims a right of way over the lands of the United States for railway, station, and terminal purposes, under- an act of Congress entitled “An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes,” approved May 14, 1898, c. 299, 30 Stat. 409 [U. S. Comp. St. 1901, p. 1412].
Defendant contends that this…
2Cases cited2 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Heine v. RothDistrict Court, D. Alaska · 1905
3Cited by1 opinion
- Alaska Pacific Ry. & Terminal Co. v. Copper River & N. E. Ry. Co.District Court, D. Alaska · 1907