Legal Opinion

Maricopa & Phœnix Railroad v. Arizona Territory

Supreme Court of the United States

Decided March 4, 1895No. 195PublishedCited by 25 opinions

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. After the organization of the Territory of Arizona certain land situated within its geographical limits was set apart as an Indian reservation for the use of the Pima and Maricopa Indians. Act of February 28, 1859, c. 66, § 3, 11 Stat. 401. The tract is known as the “ Gila River Reservation.”

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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. After the organization of the Territory of Arizona certain land situated within its geographical limits was set apart as an Indian reservation for the use of the Pima and Maricopa Indians. Act of February 28, 1859, c. 66, § 3, 11 Stat. 401. The tract is known as the “ Gila River Reservation.” The Maricopa and Phoenix Railroad Company owns and operates Avithin the Territory of Arizona 24.16 miles of railroad track, all of which lie within the geographical outlines of the Territory, as named in its organic act, but 6.24 miles are within…

1Opinion of the CourtJustice White

We consider that many of the points which-are here pressed upon our attention are not necessarily involved in the decision of the cause. The matter in dispute not being above $5000, exclusive of costs, our jurisdiction depends upon whether “there is drawn in question the validity of a treaty or statute of or an authority exercised under the United States.” Act of March 3, 1885, e. 355, 23 Stat. 443. It is insisted that .the Territory is without authority under its organic act to extend its taxing power beyond its limits and over a reservation created by act of Congress, and that it has…

2Cases cited4 opinions

  1. Harkness v. HydeSupreme Court of the United States · 1879
  2. Utah & Northern Railway v. FisherSupreme Court of the United States · 1885
  3. Clayton v. Utah TerritorySupreme Court of the United States · 1890
  4. Linford v. EllisonSupreme Court of the United States · 1895

3Cited by25 opinions

  1. Organized Village of Kake v. EganSupreme Court of the United States · 1962
  2. Thomas v. GaySupreme Court of the United States · 1898
  3. Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
  4. Choctaw, Oklahoma & Gulf Railroad v. MacKeySupreme Court of the United States · 1921
  5. In Re Skelton Lead & Zinc Co.'s Gross Production Tax for 1919Supreme Court of Oklahoma · 1921

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