Willis W. Ritter v. Rogers C. B. Morton, Secretary of the Department of the Interior

This case involves the ownership of three islands located in the Snake River in Idaho. The action was brought by appellee, and jurisdiction was claimed under 5 U.S.C. §§ 701-706 (Administrative Procedure Act), 28 U.S.C. §§ 1361 (suit compelling officer to perform duty) and 2201, 2202 (declaratory judgment). After a full presentation of the evidence, the district court found for appellee. We reverse the judgment of the lower court and affirm the decision of the Secretary.

FACTS

Appellee is the owner of “Thousand Springs Farm,” which extends for three miles along the east bank of the Snake River in Gooding County, Idaho. His ownership of the land results from a series of conveyances dating from the original government patents. The islands in dispute are in Section 17 of Township 8 South, Range 14 East of the Boise Meridian, and are located in the river immediately south and west of the principal area of appellee’s farm.

The United States caused a survey of the township to be made in August and September of 1893. An official plat of the township, based on the surveyor’s field notes, was drawn and approved by the Surveyor General for Idaho in May, 1895. The relevant…