United States v. Northern Pacific Railroad Company (193 U.S. 1)

Mr. Charles W. Russell for petitioner.

This was a suit brought by the United States against the Northern Pacific Railroad Company and the Northern Pacific Railway Company to cancel patents issued in May, 1895, by the United States to the railroad company, to whose rights the railway company had succeeded. The lands are situated in the state of Washington, north of Portland, in the state of Oregon. The case was heard in the circuit court on facts stipulated, and the bill dismissed, whereupon it was carried to the circuit court of appeals for the ninth circuit, and that court certified to this court certain questions on which it desired instructions. The whole record and cause were then required to be sent up for consideration.

[Argument of Counsel from pages 2-4 intentionally omitted]

Messrs. C. W. Bunn and James B. Kerr for respondents.

Statement by Mr. Chief Justice Fuller:

Mr. Chief Justice Fuller delivered the opinion of the court: