Legal Opinion

United States v. Des Moines Navigation & Railway Co.

Supreme Court of the United States

Decided January 11, 1892No. 987PublishedCited by 94 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The court stated the case as follows: On August 8, 1846, an act was' passed by the Congress of the United States granting certain lands to the then Territory of Iowa; to aid in. the improvement -of the navigation of the Des Moines River. 9 Stat. 77, c. 103. The first section defined the extent of the grant, and is in these words: “ Be it enacted by the Senate and House of Representatives of…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The court stated the case as follows: On August 8, 1846, an act was' passed by the Congress of the United States granting certain lands to the then Territory of Iowa; to aid in. the improvement -of the navigation of the Des Moines River. 9 Stat. 77, c. 103. The first section defined the extent of the grant, and is in these words: “ Be it enacted by the Senate and House of Representatives of the United States of America in. Congress assembled, That there be, and hereby is, granted to the Territory of Iowa,…

1Opinion of the CourtJustice Brewer

Prior to the decision, of this court in Dubuque &c. Railroad Co. v. Litchfield 23 How. 66, which decision was announced in 1860, it was a disputed question whether the grant extended above the Raccoon Fork. The opinions and rulings of the executive officers of the government were conflicting; and it is not strange that many settled upon these lands in the belief that they were public lands of the United States, and open to settlement. But if they were not in fact open to settlement — if the title legally and fairly passed to the navigation company— no relief from the hardships occasioned by…

2Cases cited25 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. Fletcher v. PeckSupreme Court of the United States · 1810
  3. United States v. ThrockmortonSupreme Court of the United States · 1878
  4. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  5. Maxwell Land-Grant CaseSupreme Court of the United States · 1887

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3Cited by94 opinions

  1. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  2. Arizona v. CaliforniaSupreme Court of the United States · 1931
  3. United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
  4. French Republic v. Saratoga Vichy Spring Co.Supreme Court of the United States · 1903
  5. Blaske v. Smith & Entzeroth, Inc.Supreme Court of Missouri · 1991

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