United States v. Santa Fe Pac. R.

This suit was brought by the United States in its own behalf and as guardian of the Walapai 1 Tribe of Indians of Arizona to enjoin the defendant, Santa Fe Pacific Railroad Company (hereinafter called the Santa Fe Railroad Company, or, the Railroad Company) from interfering with the alleged possessory rights of that tribe to certain lands in northwestern Arizona.

The lands to which these possessory rights are claimed were included within the grant made to defendant’s predecessor, the Atlantic and Pacific Railroad Company, by Act of Congress of July 27, 1866, 14 Stat. 292 . This act granted the odd-numbered sections of land within specified distances on each side of the line of railroad to be constructed, the specific sections to be identified later. This identification was fixed March 12, 1872, when the map of the proposed railroad was filed and accepted.

In 1865 a reservation for the Walapai Tribe was created by Congress, 13 Stat. 559 , on lands on the lower Colorado River not within the limits of the railroad grant.

In 1883 another reservation for this tribe was created by proclamation of President Arthur. This reservation was in northwest Arizona and included lands covered…