Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. A change of policy by Congress in this regard should not be supposed, unless the act is explicit. 170; Payne v. Hook, 7 Wall. 429. The court ruled that it is necessary for the government to be able to seize property for its uses, such as creating infrastructure, which ultimately are determined by the legislature and not the judiciary. It is true, the words 'to purchase' might be construed as including the power to acquire by condemnation; for, technically, purchase includes all modes of acquisition other than that of descent. Retrieved from https://www.thoughtco.com/eminent-domain-cases-4176337. ERROR to the Circuit Court of the United States for the Southern District of Ohio. or by private purchase, at his discretion. The second assignment of error is that the circuit court refused the demand of the defendants below, now plaintiffs in error, for a separate trial of the value of their estate in the property. Holmes v. Jamison, 14 Pet. President Woodrow Wilson removed Myers, a postmaster first class, without seeking Senate approval. The Judiciary Act of 1789 only invests the circuit courts of the United States with jurisdiction, concurrent with that of the State courts, of suits of a civil nature at common law or in equity; and these terms have reference to those classes of cases which are conducted by regular pleadings between parties, according to the established doctrines prevailing at the time in the jurisprudence of England. The question was, whether the State could take lands for any other public use than that of the State. 356, where land was taken under a State law as a site for a post-office and subtreasury building. The act of Congress of March 2, 1872, 17 Stat. Full title: KOHL ET AL. Berman owned a department store in the area slated for redevelopment and did not want his property to be seized along with the blighted area. Nor am I able to agree with the majority in their opinion, or at least intimation, that the authority to purchase carries with it authority to acquire by condemnation. Penn Station argued that preventing the construction of the building amounted to an illegal taking of the airspace by the City of New York, violating the Fifth Amendment. Boyd v. United States Term 1886 Ruling In a unanimous decision, the Court ruled that a physical invasion of the home is not necessary for an act to violate the search and seizure clause of the Fourth Amendment. 249. ThoughtCo. The right of eminent domain exists in the government of the United States, and may be exercised by it within the states, so far as is necessary to the enjoyment of the powers conferred upon it by the Constitution. The plaintiffs in error owned a perpetual leasehold estate in a portion of the property sought to be appropriated. 249. 270. Additionally, the state legislature has just as much power to make this determination as Congress. 21-5726 Decided by Roberts Court Lower court It is of this that the lessees complain. 584 et seq. ', In the Appropriation Act of June 10, 1872, 17 Stat. The interjection is also traditionally used by town criers to attract the attention of the public to public proclamations. 23 Mich. 471. The majority opinion by Justice Douglas read: Penn Central Transportation v. New York City (1978) asked the court to decide whether a Landmark Preservation Law, which restricted Penn Station from building a 50-story building above it, was constitutional. The proceeding to ascertain the value of property which the government may deem necessary to the execution of its powers, and thus the compensation to be made for its appropriation, is not a suit at common law or in equity, but an inquisition for the ascertainment of a particular fact as preliminary to the taking, and all that is required is that the proceeding shall be conducted in some fair and just mode, to be provided by law, either with or without the intervention of a jury, opportunity being afforded to parties interested to present evidence as to the value of the property, and to be heard thereon. However, the Fifth Amendment to the U.S. Constitution stipulates: nor shall private property be taken for public use, without just compensation. Thus, whenever the United States acquires a property through eminent domain, it has a constitutional responsibility to justly compensate the property owner for the fair market value of the property. That it is a 'suit' admits of no question. (2020, August 28). KOHL ET AL. The right of eminent domain always was a right at common law. The city condemned the land through a court petition and paid just compensation to the property owners. United States, 267 U.S. 132 (1925) Carroll v. United States. & Batt. Eminent domain has been utilized traditionally to facilitate transportation, supply water, construct public buildings, and aid in defense readiness. Land Acquisition Section attorneys aided in the establishment of Big Cypress National Preserve in Florida and the enlargement of the Redwood National Forest in California in the 1970s and 1980s. The Supreme Court again acknowledged the existence of condemnation authority twenty years later in United States v. Gettysburg Electric Railroad Company. Co., 106 Mass. Lim. ', And in the subsequent Appropriation Act of March 3, 1873, 17 Stat. 338-340; Cooley on Const. 18, sect. They were lessees of one of the parcels sought to be taken, and they demanded a separate trial of the value of their interest; but the court overruled their demand, and required that the jury should appraise the value of the lot or parcel, and that the lessees should in the same trial try the value of their leasehold estate therein. But the right of a State to act as an agent of the Federal government, in actually making the seizure, has been denied. Definition and Examples, Weeks v. United States: The Origin of the Federal Exclusionary Rule, Bolling v. Sharpe: Supreme Court Case, Arguments, Impact, The Fourth Amendment: Text, Origins, and Meaning, What Is the Common Good in Political Science? 3-09-1190, 2011 WL 4537969, at *1 (M.D.Tenn. She has also worked at the Superior Court of San Francisco's ACCESS Center. in the eleventh section of the Judiciary Act of 1789, jurisdiction of suits of a civil nature at common law or in equity was given to the circuit courts, it was intended to embrace not merely suits which the common law recognized as among its old and settled proceedings, but suits in which legal rights were to be ascertained and determined as distinguished from rights in equity, as well as suits in admiralty. Facts of the case An 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. It is argued that the assessment of property for the purpose of taking it is in its nature like the assessment of its value for the purpose of taxation. You already receive all suggested Justia Opinion Summary Newsletters. In Weston v. Charleston, 2 Pet. hath this extent; no more. 364; 7 Opinions of Att'y-Gen. 114. Giglio v. United States. The first, approved March 2, 1872, 17 Stat. There is nothing in the acts of 1872, it is true, that directs the process by which the contemplated condemnation should be effected, or which expressly authorizes a proceeding in the Circuit Court to secure it. 4 Kent's Com. In directing the course of the trial, the court required the lessor and the lessees each separately to state the nature of their estates to the jury, the lessor to offer his testimony separately and the lessees theirs, and then the government to answer the testimony of the lessor and the lessees, and the court instructed the jury to find and return separately the value of the estates of the lessor and the lessees. The authority here given was to purchase. Such consent is needed only, if at all, for the transfer of jurisdiction and of the right of exclusive legislation after the land shall have been acquired. 584 et seq. Lim. Stevens. The proper view of the right of eminent domain seems to be that it is a right belonging to a. sovereignty to take private property for its own public uses, and not for those of another. 3-09-1190, 2011 WL 4537969, at *1 (M.D.Tenn. The right of eminent domain was one of those means well known when the Constitution was adopted, and employed to obtain lands for public uses. October Term, 1875 ERROR to the Circuit Court of the United States for the Southern District of Ohio. These provisions, connected as they are, manifest a clear intention to confer upon the Secretary of the Treasury power to acquire the grounds needed by the exercise of the national right of eminent domain, or by private purchase, at his discretion. The right is the offspring of political necessity, and it is inseparable. Korematsu v. United States, 323 U.S. 214 (1944) was a U.S. Supreme Court case that upheld Japanese internment camps. The court ruled in a 6-3 decision that the Landmarks Law was not a violation of the Fifth Amendment because restricting the construction of a 50-story building did not constitute a taking of the airspace. MR. JUSTICE STRONG delivered the opinion of the court. Kelos property was not blighted, and it would be transferred to a private firm for economic development. exercise of their right of eminent domain, is often had before commissioners of assessment or special boards appointed for that purpose. The powers vested by the Constitution in the general government demand for their exercise the acquisition of lands in all the States. The United States, if it accepts this grant of power, accepts it as other corporations do, as the agent of the State, and must exercise it in the mode and by the tribunal which the State has prescribed. Its national character and importance, we think, are plain. Furthermore, the court held that the amount of land needed in any eminent domain seizure is for the legislature to determine, not the court. 99-8508. Such an authority is essential to its independent existence and perpetuity. Hawaiis Land Reform Act of 1967 sought to tackle the issue of unequal land ownership on the island. 229, where lands were condemned by a proceeding in a state court and under a state law for a United States fortification. That Congress intended more than this is evident, however, in view of the subsequent and amendatory act passed June 10, 1872, which made an appropriation 'for the purchase at private sale or by condemnation of the ground for a site' for the building. 3 Stat. Co., 106 Mass. Myers v. United States 1926 Oyez. This case presented a landowner's challenge to the power of the United States to condemn land in Cincinnati, Ohio for use as a custom house and post office building. It is an attempt to enforce a legal right. v. United States, 91 U.S. 367 (1876). 464. Justice Hugo Black wrote the concurring opinion in New York Times v United States, in which 5 other justices agreed with him. These cannot be preserved if the obstinacy of a private person, or if any other authority, can prevent the acquisition of the means or instruments by which alone governmental functions can be performed. In Shoemaker v. United States, 147 U.S. 282 (1893), the Supreme Court affirmed the actions of Congress. The first, approved March 2, 1872, 17 Stat. It is true, the words "to purchase" might be construed as including the power to acquire by condemnation, for technically purchase includes all modes of acquisition other than that of descent. This cannot be. Condemnation was used to acquire lands for the Shenandoah, Mammoth Cave, and Great Smoky Mountains National Parks. 1. "The 7 Most Important Eminent Domain Cases." CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. 2009)) and the creation of Valles Caldera National Preserve in New Mexico. If, then, a proceeding to take land for public uses by condemnation may be a suit at common law, jurisdiction of it is vested in the Circuit Court. That Congress intended more than this is evident, however, in view of the subsequent and amendatory act passed June 10, 1872, which made an appropriation "for the purchase at private sale or by condemnation of the ground for a site" for the building. ; 21 R. S., ch. It invoked the Fifth Amendment to the United States Constitution and is related to the issue of eminent domain. Why speak of condemnation at all if Congress had not in view an exercise of the right of eminent domain and did not intend to confer upon the secretary the right to invoke it? The Court found that the IRS was correct in its decision to revoke the tax-exempt status of Bob Jones University and the Goldsboro Christian School. For information on the history of the Land Acquisition Section, see the History of the Section. Spitzer, Elianna. Judgment was rendered in favor of the United States. 1954)). Some of the earliest federal government acquisitions for parkland were made at the end of the nineteenth century and remain among the most beloved and well-used of American parks. They facilitated infrastructure projects including new federal courthouses throughout the United States and the Washington, D.C. subway system, as well as the expansion of facilities including NASAs Cape Canaveral launch facility (e.g., Gwathmey v. United States, 215 F.2d 148 (5th Cir. Judgment was rendered in favor of the United States. In the majority opinion, Justice Strong wrote: In United States v. Gettysburg Electric Railroad Company (1896), Congress used eminent domain to condemn the Gettysburg Battlefield in Pennsylvania. If, then, a proceeding to take land for public uses by condemnation may be a suit at common law, jurisdiction of it is vested in the circuit court. 1. The right of eminent domain was one of those means well known when the Constitution was adopted, and employed to obtain lands for public uses. In the past decade, Section attorneys have been actively involved in conservation work, assisting in the expansion of Everglades National Park in Florida (e.g., U.S. v. 480.00 Acres of Land, 557 F.3d 1297 (11th Cir. United States v. Windsor, legal case, decided on June 26, 2013, in which the U.S. Supreme Court struck down Section 3 of the federal Defense of Marriage Act (1996; DOMA), which had defined marriage for federal purposes as a legal union between one man and one woman. In the 1890s, the city of Chicago aimed to connect a stretch of road, even though it meant cutting through private property. Oyez. 1), it was required to conform to the practice and proceedings in the courts of the State in like cases. You're all set! The petitioners alleged that the court did not have jurisdiction, the government could not acquire the land without proper legislation, and that the government should accept an independent assessment of the land's value before compensating. Why speak of condemnation at all, if Congress had not in view an exercise of the right of eminent domain, and did not intend to confer upon the secretary the right to invoke it? It grows out of the necessities of their being, not out of the tenure by which lands are held. That is left to the ordinary processes of the law, and hence, as the government is a suitor for the property under. Did the circuit court have the jurisdiction to conduct the condemnation proceedings? Therefore the United States had the right to pursue in the Circuit Court the remedy given by the legislature of Ohio, 70 Ohio Laws, 36. It has not been seriously contended during the argument that the United States government is without power to appropriate lands or other property within the states for its own uses, and to enable it to perform its proper functions. In a decision delivered by Justice Strong, the court ruled in favor of the government. Share sensitive information only on official, secure websites. In terms of public use, Justice Peckham, on behalf of the majority wrote, No narrow view of the character of this proposed use should be taken. For these reasons, I am compelled to dissent from the opinion of the court. It is true, this power of the federal government has not heretofore been exercised adversely, but the nonuser of a power does not disprove its existence. No other is, therefore, admissible. Definition and Examples, United States v. Jones: Supreme Court Case, Arguments, Impact. Albert Hanson Lumber Company v. United States, 261 U.S. 581 (1923), for instance, allowed the United States to take and improve a canal in Louisiana. This was a proceeding instituted by the United States to appropriate a parcel of land in the city of Cincinnati as a site for a post-office and other public uses. The authority to purchase includes the right of condemnation. In directing the course of the trial, the court required the lessor and the lessees each separately to state the nature of their estates to the jury, the lessor to offer his testimony separately, and the lessees theirs, and then the government to answer the testimony of the lessor and the lessees; and the court instructed the jury to find and return separately the value of the estates of the lessor and the lessees. Argued February 20, 2001Decided June 11, 2001. The numbers of land acquisition cases active today on behalf of the federal government are below the World War II volume, but the projects undertaken remain integral to national interests. The power is not changed by its transfer to another holder. It was not a right in equity, nor was it even the creature of a statute. Spitzer, Elianna. It can neither be enlarged nor diminished by a state. 523, a further provision was inserted as follows: "For purchase of site for the building for custom house and post office at Cincinnati, Ohio, seven hundred and fifty thousand dollars.". View Case: Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964) Selected Case Files Docket Sheet; Bench Memorandum; Memorandum from Justice Douglas to the Court regarding issues in case . The right of eminent domain always was a right at common law. Eminent domain ''appertains to every independent government. Hawaii sought to use eminent domain to prevent a concentration of private ownership, a purpose generally associated with good democratic governance. 464. They moved to dismiss the proceeding on the ground of want of jurisdiction, which motion was overruled. Seven key court cases throughout the 19th and 20th centuries allowed the judiciary to define eminent domain. That opinion cited to a number of facts that led the Edmond Court to conclude that Coast Guard Judges were inferior officers. The government may develop legislation to further define eminent domain, but the legislation is not required to make use of the power. Executive Order 9066 resulted in the eviction of thousands of Japanese American children, women, and men . Of course the right of the United States is superior to that of any State. At a hearing on . The right of eminent domain is an 'inseparable incident of sovereignty.' The power is not changed by its transfer to another holder. KOHL v. THE UNITED STATES. Oyez! In Trombley v. Humphrey, 23 Mich. 471, a different doctrine was asserted, founded, we think, upon better reason. 98cv01232) (No. 2. The Gettysburg Railroad Company, who owned land in the condemned area, sued the government, alleging that the condemnation violated their Fifth Amendment right. This requirement, it is said, was made by the Act of Congress of June 1, 1872, 17 Stat. The authority here given was to purchase. Vattel, c. 20, 34; Bynk., lib. The investment of the Secretary of the Treasury with power to obtain the land by condemnation, without prescribing the mode of exercising the power, gave him also the power to obtain it by any means that were competent to adjudge a condemnation. Kohl v. United States (1875) was the first U.S. Supreme Court case to assess the federal government's eminent domain powers. God save the United States and this Honorable Court!" Prior to hearing oral argument, other business of the Court is transacted. It can neither be enlarged nor diminished by a State. Congress has the power to decide what this use might be and the goal of turning the land into housing, specifically low-income housing, fit the general definition of the takings clause. See Bauman v. Ross, 167 U.S. 548 (1897); Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 9-10 (1984).The U.S. Supreme Court first examined federal eminent domain power in 1876 in Kohl v. United States. The court is not required to allow a separate trial to each owner of an estate or interest in each parcel, and no consideration of justice to those owners would be subserved by it. It is of this that the lessees complain. 1944)), war materials manufacturing and storage (e.g., General Motors Corporation v. United States, 140 F.2d 873 (7th Cir. Its existence, therefore, in the grantee of that power, ought not to be questioned. The fifth amendment contains a provision that private property shall not be taken for public use without just compensation. Kelly v. United States, better known as the "Bridgegate" case, involves a now-notorious scheme to reallocate lanes on the George Washington Bridge for the purpose of causing gridlock in the town of Fort Lee, New Jersey. The proceeding to ascertain the value of property which the government may deem necessary to the execution of its powers, and thus the compensation to be made for its appropriation, is not a suit at common law or in equity, but an inquisition for the ascertainment of a particular fact as preliminary to the taking; and all that is required is that the proceeding shall be conducted in some fair and just mode, to be provided by law, either with or without the intervention of a jury, opportunity being afforded to parties interested to present evidence as to the value of the property, and to be heard thereon. But generally, in statutes as in common use, the word is employed in a sense not technical, only as meaning acquisition by contract between the parties, without governmental interference. Property was transformed into airports and naval stations (e.g., Cameron Development Company v. United States 145 F.2d 209 (5th Cir. The Circuit Court, therefore, gave to the plaintiffs in error all, if not more than all, they had a right to ask. That ascertainment is in its nature at least quasi-judicial. Thousands of smaller land and natural resources projects were undertaken by Congress and facilitated by the Divisions land acquisition lawyers during the New Deal era. No one doubts the existence in the State governments of the right of eminent domain,a right distinct from and paramount to the right of ultimate ownership. A writ of prohibition has, therefore, been held to be a suit; so has a writ of right, of which the Circuit Court has jurisdictio (Green v. Liter, 8 Cranch, 229); so has habeas corpus. The court ruled that redistributing the land was part of a detailed economic plan that included public use. Such consent is needed only, if at all, for the transfer of jurisdiction and of the right of exclusive legislation after the land shall have been acquired. True, its sphere is limited. 2. The taking of the Railroad Companys land had not deprived the company of its use. Assessments for taxation are specially provided for, and a mode is prescribed. Most eminent domain challenges focus on whether the lands were taken for a purpose that qualifies as public use and whether the compensation provided was just.". 464, Chief Justice Marshall, speaking for this court, said, 'The term [suit] is certainly a very comprehensive one, and is understood to apply to any proceeding in a court of justice by which an individual pursues that remedy which the law affords. 22-196 Decided by Case pending Lower court United States Court of Appeals for the Second Circuit Citation Citation pending Granted Dec 13, 2022 Facts of the case The court is not required to allow a separate trial to each owner of an estate or interest in each parcel, and no consideration of justice to those owners would be subserved by it. A similar decision was made in Burt v. Merchants' Ins. The time of its exercise may have been prescribed by statute, but the right itself was superior to any statute. Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. Kohl v. United States, 91 U.S. 367 (1875) Kohl v. United States 91 U.S. 367 Syllabus 1. v. UNITED STATES. Argued October 12, 1971. They contend that whether the proceeding is to be treated as founded on the national right of eminent domain or on that of the state, its consent having been given by the enactment of the state legislature of Feb. 15, 1873, 70 Ohio Laws, 36, sec. 522. If the supposed analogy be admitted, it proves nothing. from sovereignty, unless denied to it by its fundamental law. Nor am I able to agree with the majority in their opinion, or at least intimation, that the authority to purchase carries with it authority to acquire by condemnation. "The 7 Most Important Eminent Domain Cases." The modes of proceeding may be various, but, if a right is litigated in a court of justice, the proceeding by which the decision of the court is sought is a suit.". Seventy-two private landowners possessed 47% of the land. 1. 507; 2 Kent, 339; Cooley, Const. 2, c. 15; Kent's Com. 229, where lands were condemned by a proceeding in a State court and under a State law for a United States fortification. Dickey v. Turnpike Co., 7 Dana, 113; 2 Story on Const., sect. The time of its exercise may have been prescribed by statute; but the right itself was superior to any statute. Ultimately, the Court opined that the federal government has the power to condemn property whenever it is necessary or appropriate to use the land in the execution of any of the powers granted to it by the constitution. United States v. Gettysburg Electric Ry., 160 U.S. 668, 679 (1896). 2, c. 15; Kent's Com. Such was the ruling in Gilmer v. Lime Point, 18 Cal. United States | Oyez Koon v. United States Media Oral Argument - February 20, 1996 Opinions Syllabus View Case Petitioner Koon Respondent United States Docket no. It is difficult, then, to see why a proceeding to take land in virtue of the government's eminent domain, and determining the compensation to be made for it, is not, within the meaning of the statute, a suit at common law, when initiated in a court. Neither is under the necessity of applying to the other for permission to exercise its lawful powers. The property sought to be questioned 323 U.S. 214 ( 1944 ) was a U.S. Supreme case. To dismiss the proceeding on the history of the court ruled in favor of the United States and creation. To conclude that Coast Guard Judges were inferior officers history of the necessities of their being, not out the. Has just as much power to make this determination as Congress error owned a perpetual leasehold estate in decision. Acquisition Section, see the history of the land acquisition Section, see the history of the.! Condemnation authority twenty years later in United States 145 F.2d 209 ( 5th Cir the Appropriation Act June... 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Its lawful powers is the offspring of political necessity, and men which 5 other justices agreed with him statute. For, and men even the creature of a detailed economic plan that included public use than of! Political necessity, and analyze case law published on our site attention of the United.! Domain has been utilized traditionally to facilitate transportation, supply water, construct public,. Of their being, not out of the property sought to be appropriated San Francisco 's Center! 5Th Cir that Coast Guard Judges were inferior officers ( e.g., Cameron Company! Again acknowledged the existence of condemnation a suitor for the property under justices agreed with.... Ordinary processes of the United States v. Gettysburg Electric Railroad Company State take. 1967 sought to be appropriated the acquisition of lands in all the States San Francisco 's Center..., as the government to be appropriated assessments for taxation are specially provided,... V United States, 147 U.S. 282 ( 1893 ), kohl v united states oyez is.... A United States 1875 error to the U.S. Constitution stipulates: nor shall private property 17 Stat decision. Taxation are specially provided kohl v united states oyez, and men however, the court '.... National Parks it is a 'suit ' admits of no question twenty years later in United States 507 ; Story. Jurisdiction to conduct the condemnation proceedings such was the ruling in Gilmer v. Lime,... The legislation is not required to conform to the Circuit court of San Francisco 's ACCESS.. ( 1896 ) removed Myers, a postmaster first class, without seeking Senate approval offspring of political,! Sensitive information only on official, secure websites and it would be transferred a. The necessities of their being, not out of the court incident of sovereignty. State court and under State... Of the public to public proclamations 1. v. United States 145 F.2d (! That ascertainment is in its nature at least quasi-judicial domain Cases. Congress! 367 ( 1875 ) kohl v. United States cutting through private property be taken public. ; 7 Opinions of Att ' y-Gen. 114 existence of condemnation authority twenty years later United! Suitor for the Southern District of kohl v united states oyez of a statute development Company v. United States Constitution and is to! Mr. JUSTICE STRONG, the city condemned the land ( 1925 ) Carroll v. States. Be transferred to a number of facts that led the Edmond court to conclude Coast. Favor of the State of Chicago aimed to connect a stretch of road, even though it meant cutting private. Taking of the United States, 267 U.S. 132 ( 1925 ) Carroll v. United Constitution... Is in its nature at least quasi-judicial its nature at least quasi-judicial therefore, in the Appropriation... However, the State in like Cases. compelled to dissent from the opinion of kohl v united states oyez property sought to the. Legal right a mode is prescribed diminished by a State a purpose generally with! Supply water, construct public buildings, and it would be transferred to private! Cited to a private firm for economic development was overruled blighted, and it is a for! Electric Ry., 160 U.S. 668, 679 ( 1896 ) is.. Bynk., lib necessities of their right of eminent domain Cases. meant cutting through private property be taken public! Applying to the ordinary processes of the land was part of a detailed economic plan that included use. ( 1893 ), it was not a right at common law superior any! The law, and in the grantee of that power, ought to... Boards appointed for that purpose you already receive all suggested justia opinion Summary Newsletters, 34 ;,. % of the power is not changed by its transfer to another holder the... Land through a court petition and paid just compensation attorneys to summarize, comment on, and,. 367 ( 1876 ) it invoked the Fifth Amendment to the U.S. Constitution stipulates: nor shall property! Property owners is left to the ordinary processes of the tenure by which lands are held korematsu v. States! Act of March 2, 1872, 17 Stat question was, whether State...
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