Union Pacific Railroad v. Harris
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The admitted facts are that on April 22, 1861, Bernhard Blou settled upon and improved the northeast quarter of section 12, township 14 south, of range 3, in Saline County, Kansas, and on May 13, 1861, filed the declaratory statement required by the preemption laws.
Read the full summary
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The admitted facts are that on April 22, 1861, Bernhard Blou settled upon and improved the northeast quarter of section 12, township 14 south, of range 3, in Saline County, Kansas, and on May 13, 1861, filed the declaratory statement required by the preemption laws. Blou, by occupation, cultivation and improvements, preserved all his rights under the preemption until September 5, 1865, when, having made no payment or final proof, he changed his preemption entry to one under the homestead act of May 20, 1862. He continued in occupation, on…
1Opinion of the CourtJustice Brewer
The grant of the right of way was “through the public lands.” What is meant by 'public lands’ is well settled. As stated in Newhall v. Sanger, 92 U. S. 761, 763: “The words 'public lands’ are habitually used in our legislation to describe such as arc subject to sale or other disposal under general laws.” See also Barker v. Harvey, 181 U. S. 481, 490; Minnesota v. Hitchcock, 185 U. S. 373, 391. If it is claimed in any given case that they are used in a different meaning, it should be apparent either from the context or from the circumstances attending the legislation. While the power of…
2Cases cited8 opinions
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Newhall v. SangerSupreme Court of the United States · 1876
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
- Hynes, Regional Director, Fish & Wildlife Service v. Grimes Packing Co.Supreme Court of the United States · 1949
- Ash Sheep Co. v. United StatesSupreme Court of the United States · 1920
- Stuart v. Union Pacific RailroadSupreme Court of the United States · 1913
- Stuart v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1910
22 more not listed; retrieve them via the Exa API.