Minnesota v. Hitchcock
Supreme Court of the United States
This is a suit in equity, commenced in. this court by the State of Minnesota to enjoin the Secretary of the Interior añd the Commissioner of the General Land Office from selling any sections 16 and 36 in what was on January 14, 1889, known' as the Eed Lake Indian reservation. ' By the bill, answer and an agreed statement the following facts appear : By section 18 of the act to establish the territorial government of Minnesota, approved March 3,1849, 9 Stat. 403, it was…
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This is a suit in equity, commenced in. this court by the State of Minnesota to enjoin the Secretary of the Interior añd the Commissioner of the General Land Office from selling any sections 16 and 36 in what was on January 14, 1889, known' as the Eed Lake Indian reservation. ' By the bill, answer and an agreed statement the following facts appear : By section 18 of the act to establish the territorial government of Minnesota, approved March 3,1849, 9 Stat. 403, it was enacted “ that when the lands in the said Territory shall be surveyed under the direction of the Government of the United…
1Opinion of the CourtJustice Brewer
A preliminary question is one of jurisdiction. It is true counsel for defendants did not raise the question; and evidently both parties desire that the court should ignore it and dispose of the case on the merits. But the silence of counsel does not waive the question, nor would the express consent of the parties give to this court a jurisdiction which was not warranted by the Constitution and laws. It is the duty of every court of its own motion to inquire into the matter irrespective of the wishes of the parties, and be careful that it .exercises no powers save, those conferred by law.…
2Cases cited22 opinions
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3Cited by295 opinions
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