United States v. Swope

HUNGER, District Judge.

This is an appeal from a decree denying the plaintiff’s application for a permanent injunction. The United States, as plaintiff, brought a suit, alleging that the United States had granted to New Mexico a large quantity of the public lands, in trust for designated purposes, and that the defendants, as state officers, were making expenditures, in violation of the trust, out of the funds derived from these lands. The defendants admitted the expenditures, but denied a violation of the trust. The ease was submitted to the court upon the pleadings, and the court found that…