Heckman

Heckman v. Sutter

Good Law
128 F. 393·2 Alaska Fed. 264·63 C.C.A. 135·1904 U.S. App. LEXIS 3919
United States Court of Appeals for the Ninth CircuitMarch 7, 1904No. 792California2,414 words

Opinion

Lead Opinion

Ross, J.

The case, as well as the acts of Congress bearing upon the question involved, will be found stated in the opinion of this court delivered on the former hearing. 119 F. 83 , 55 C.C.A. 635 . We there said: “When, in 1884, Congress undertook to provide a civil government for Alaska, it made of the territory a land district; located a United States land office at Sitka; put in full force and effect therein ‘the laws of the United States relating to mineral claims and the rights incident thereto/ with certain conditions nbt necessary to be mentioned, withholding therefrom the application of the general land laws of the United States, and expressly declaring ‘that the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress/ Section 8, Act May 17, 1884, c. 53, 23 Stat. 24 , 26. There has been no ‘future legislation by Congress’ that applies to the present case, for this case involves no question of purchase or entry, *266 and concerns only the right of occupancy and use of…

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