Chicago, M. & St. P. Ry. Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the United States against the Chicago, Milwaukee & St. Paul Railway Company of Idaho. Decree for the United States, and defendant appeals.
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Appeal from the District Court of the United States for the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the United States against the Chicago, Milwaukee & St. Paul Railway Company of Idaho. Decree for the United States, and defendant appeals. On March 21, 1905, the Commissioner of the General Band Office made and published an order temporarily withdrawing from sale, pending a decision of the President as to the advisability of creating a national forest reserve, a large body of vacant, unappropriated public lands situate in the state of Idaho, and on November 6, 1906, the…
1Opinion of the CourtWoeverton, District Judge
(after stating the facts as above).
[1] The primary contention hinges largely upon the purposes and in-tendment of the act of March 3, 1875 (18 Stat. 482), and later acts respecting forest reserves. By the first section of the act of 1875 a right of way through the public lands of the United States is granted *292to any railroad company, organized under the laws of any state, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation and due proofs of its organization under the same, to the extent of 100 feet on each side of the center line of said railroad;…
2Cases cited16 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Light v. United StatesSupreme Court of the United States · 1911
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Wolsey v. ChapmanSupreme Court of the United States · 1880
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3Cited by13 opinions
- Twist v. Prairie Oil & Gas Co.Supreme Court of the United States · 1927
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- Wormward v. TaylorIdaho Supreme Court · 1950
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Marshall v. CovingtonIdaho Supreme Court · 1959
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