Schmidt

Schmidt v. United States

Good Law
102 F.2d 589·1939 U.S. App. LEXIS 3899
United States Court of Appeals for the Ninth CircuitMarch 17, 1939No. 8893California5,120 words

Opinion

Lead Opinion

Wilbur, J.

On July 31, 1930, the United States brought an action in the United States District Court for the Eastern District of Washington against the Northern Pacific Railroad Company, a federal corporation, the Northern Pacific Railroad Company as reorganized. in 1875, a de facto corporation, and Northern Pacific Railway Company, organized under the laws of Wisconsin, and certain other defendants, to quiet title to 2,900,000 acres of land, and for other purposes. In bringing the action on behalf of the United States the Attorney General acted under and in pursuance of a special act of Congress enacted June .25, 1929, 46 Stat. 41 , 43 U.S.C.A. §§ 921-929 . The general purpose of the action was to determine what proportion, if any, of the lands granted to the Northern Pacific Railroad .Company by the act of July 2, 1864, 13 Stat. 365 , and the resolution of May 31, 1870, 16 Stat. 378 , had been forfeited to the United States .by reason of the acts of the defendants in violation of the granting acts, and to determine the amount of compensation, if any, which should be paid to the owners of the lands thus granted for those lands within the Forest Reserves and National Parks specified in the…

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