Supreme Court of the United States, 1901

Powers v. Slaght

Supreme Court of the United States · Decided January 7, 1901 · Brewer, Harlan, Shiras, White

180 U.S. 173; 21 S. Ct. 319; 45 L. Ed. 479; 1901 U.S. LEXIS 1294 (United States Reports)

Counsel

Mr. C. W. Bunn and Mr. James B. Kerr for plaintiffs in error., Mr. IT. L. Ettenger, Mr. Charles L. Wyman and Mr. Thomas Neill, for defendant in error, submitted on their brief.

Cases that cite this one

1 later published case cites this decision.

William L. Powers v. Jacob Slaght (Supreme Court of the United States 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Mr. Justice Harlan,

after stating the facts as above reported, delivered the opinion'of the court.

The issue as to the validity of the order of withdrawal made by direction of the Secretary of the Interior of lands within the *180indemnity limits of the Northern Pacific Railroad Company, as indicated by the company’s accepted map of definite location, presents the controlling question in this case. Unless such order be sustained as a valid exercise of power by that officer, there is no ground upon which a decree could be rendered against' Slaght.

For the reasons stated in Hewitt v. Schults, just decided, we Fold, in conformity with the long-established practice in the. Land Department, that that order of withdrawal must be regarded as inconsistent with the true construction of the act of Congress of July 2,1864. The judgment of the Supreme Court of "Washington is, accordingly,"

■Affirmed.

Mr. Justice White concurred in the result. Mr. J ustice Brewer and Mr. Justice Shiras dissented.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.