Kindred v. Union Pacific Railroad
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the right of the Union Pacific Railroad Company to certain portions of its right of way within the Delaware Diminished Reservation, are stated in the opinion. Congress had no power to grant a right of way through the' lands in question.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the right of the Union Pacific Railroad Company to certain portions of its right of way within the Delaware Diminished Reservation, are stated in the opinion. Congress had no power to grant a right of way through the' lands in question. See treaty proclaimed Match 24, 1831, 7 Stat. 357- treaty of 1854, 10 Stat. 1048; treaty of 1860, 12 Stat. 1129. The.design of the treaty of 1854, as accomplished by the treaty of 1860, was to vest the individual Delawares with a property right in the lands allotted to…
1Opinion of the CourtJustice Van Devanteb
The ultimate question to be decided on this appeal is, whether the appellee, the Union Pacific Railroad Company, has a right of way 400 feet in width across certain lands in the State of Kansas, formerly within the Delaware Diminished Indian Reservation. The facts out of which the question arises are these:
By the treaty of 1829, 7 Stat. 327, with the Delaware Indians it was provided that certain lands in the fork of the Kansas and Missouri rivers should be “conveyed and forever secured” to those Indians “as their permanent residence.” By the treaty of May 6, 1854, 10 Stat. 1048, parts.of the…
2Cases cited5 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
- United States v. Union Pacific Railway Co.Supreme Court of the United States · 1897
3Cited by41 opinions
- Danforth v. United StatesSupreme Court of the United States · 1939
- Logan v. DavisSupreme Court of the United States · 1914
- Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
- Larkin v. PaughSupreme Court of the United States · 1928
- Great Northern Railway Co. v. SteinkeSupreme Court of the United States · 1923
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