Gibson v. Anderson

Citations

• 131 F. 39
• 65 C.C.A. 277
• 1904 U.S. App. LEXIS 4261

Syllabus

<p>1. Public Lands — Indian Reservation — Authority or President.</p> <p>The President of the United States, by proclamation, has power to reserve a portion of the unoccupied public lands of the United States for an Indian reservation, notwithstanding Rev. St. § 2319 [U. S. Comp. St. 1901, p. 1424], declaring all mineral deposits in the public lands of the United States and the lands containing the same open to exploration and purchase.</p> <p>2. Same — Mineral Lands — Entry.</p> <p>Where complainant made certain mining locations on an Indian reservation on May 27, 1902, on which day an act of Congress subjecting mineral lands in the reservation to mineral entry was passed (Act May 27, 1902, c. 888, 32 Stat. 245), but on the same day two joint resolutions (32 Stat. pt. 1, 742, 744) were passed postponing the operation of the act until December 31, 1902, such joint resolutions suspended complaiuant’s right to locate mineral claims on the land under such act.</p> <p>3. Same — Statutes—Enactment—Published Record — Impeachment.</p> <p>Where the published record of joint resolutions of Congress, duly authenticated, showed that the resolutions were approved by the President on May 27,1902, such record could not he impeached by proof showing that they were not in fact approved until a later date.</p>