Legal Opinion

Alaska Pacific Fisheries v. United States

Supreme Court of the United States

Decided December 9, 1918No. 212PublishedCited by 250 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The act is explicit, reserving only the “body of lands known as Annette Islands.” The water surrounding an island forms no. part of it. Grants of land on navigable water go only to ordinary high tide. Public navigable waters are not part of the public domain.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The act is explicit, reserving only the “body of lands known as Annette Islands.” The water surrounding an island forms no. part of it. Grants of land on navigable water go only to ordinary high tide. Public navigable waters are not part of the public domain. In a Territory, the United States holds them, not as land-owner, but as sovereign, in trust for all the people, who have common rights therein of fishery and navigation. And this right of fishery is a property right. Mc-Cready v. Virginia,…

1Opinion of the CourtJustice Van Devantee

the court.

This is a suit, by the United States to enjoin the Alaska Pacific Fisheries, a California corporation, from maintaining, and to compel it to remove, an extensive fish-trap erected by it in navigable waters at the Annette Inlands in Alaska. The objections urged against the'.trap are, first, that it is within a reservation lawfully established for the use of the Metlakahtla and other Indians, and, second, that it is an unauthorized obstruction to the navigable capacity.of waters of the United States. A decree was entered granting the relief sought, and this-was affirmed by the Circuit…

2Cases cited6 opinions

  1. United States v. KagamaSupreme Court of the United States · 1886
  2. United States v. WinansSupreme Court of the United States · 1905
  3. Choate v. TrappSupreme Court of the United States · 1912
  4. United States v. RickertSupreme Court of the United States · 1903
  5. National Bank v. County of YanktonSupreme Court of the United States · 1880

1 more not listed; retrieve them via the Exa API.

3Cited by250 opinions

  1. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  2. Montana v. United StatesSupreme Court of the United States · 1981
  3. Bryan v. Itasca CountySupreme Court of the United States · 1976
  4. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985
  5. Organized Village of Kake v. EganSupreme Court of the United States · 1962

245 more not listed; retrieve them via the Exa API.

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