Gibson v. Anderson
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the District of Washington. The appellant, M. E. Gibson, was the complainant in a suit in equity brought to enjoin A. M. Anderson, the appellee, who is the Indian agent in charge of the Sxiokane Indian reservation in Stevens county, in the state of Washington, from interfering with certain mining locations situate within the Indian reservation, and located on May 27, 1902. The bill alleges that…
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Appeal from the Circuit Court of the United States for the Eastern Division of the District of Washington. The appellant, M. E. Gibson, was the complainant in a suit in equity brought to enjoin A. M. Anderson, the appellee, who is the Indian agent in charge of the Sxiokane Indian reservation in Stevens county, in the state of Washington, from interfering with certain mining locations situate within the Indian reservation, and located on May 27, 1902. The bill alleges that the locations were made in due comxiliance with the laws of Congress and the statutes oí the state of Washington, but that…
1Opinion of the CourtGilbert, Circuit Judge
To show that there was equity in the bill, the appellant advances the proposition that the act of Congress embodied in section 2319 of *41the Revised Statutes [U. S. Comp. St. 1901, p. 1424], declaring all mineral deposits in the public lands of the United States open to exJ ploration and purchase, and the lands containing the same to occupation and purchase, cannot be repealed or suspended by a proclamation of the President. But there is no question here of repealing or suspending the operation of an act of Congress. The question is whether the President could, by proclamation, reserve a…
2Cases cited13 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
- Grisar v. McDowellSupreme Court of the United States · 1868
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3Cited by13 opinions
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- Parravano v. BabbittCourt of Appeals for the Ninth Circuit · 1995
- United States v. Southern Pacific Transportation Co.Court of Appeals for the Ninth Circuit · 1976
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