United States v. Alaska Pacific Fisheries
District Court, D. Alaska
On March 3, 1891, Congress passed an act entitled “An act to repeal the timber culture laws,” the fifteenth section of which act reserves “that body of lands known as Annette Islands” for the use of Metlakahtla Indians and others therein' named.
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On March 3, 1891, Congress passed an act entitled “An act to repeal the timber culture laws,” the fifteenth section of which act reserves “that body of lands known as Annette Islands” for the use of Metlakahtla Indians and others therein' named. In April of 1916 the defendants, without permission of any kind, began, and at the date of the proclamation hereinafter mentioned had almost completed, a fish trap situate in navigable waters within 2,000 feet of the shore of Annette Island. Defendants design to complete said trap and to have it ready for effective operation by the time of the…
1Opinion of the Court
JENNINGS, District Judge.
Considering the act and proclamation, the following is to be observed: The Attorney General, having been asked for an opinion as to whether or not the President could lawfully set apart a *486body of. public domain for the use of alien born Indians, on February 28, 1887, gave it as his opinion that the power of the President “to declare permanent reservations for Indians to the exclusion of others on the public domain does not extend to Indians not born or resident in the United States,” and that it would require an act of Congress to make the reservation aforesaid.
Notwith…
2Cases cited10 opinions
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- United States v. BeebeSupreme Court of the United States · 1888
- Wolcott v. Des Moines Co.Supreme Court of the United States · 1867
- Curtner v. United StatesSupreme Court of the United States · 1893
- Russian-American Packing Co. v. United StatesSupreme Court of the United States · 1905
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3Cited by2 opinions
- United States v. BoothDistrict Court, D. Alaska · 1958
- Metlakatla Indian Community v. Michael DunleavyCourt of Appeals for the Ninth Circuit · 2023