Grosvold v. Whelpley

Citations

• 5 Alaska 529

Syllabus

<p>1. Public Lands <5&wkey;96—Reservations in Alaska.</p> <p>The defendant, for his principal, purchased the buildings, foxes, etc., of one Reed, who was engaged in raising foxes on Little Koniuji Island, Alaska, in 1913, and thereafter engaged in the business of raising foxes on that island. In 1914 the Secretary of Commerce offered the island for lease to the highest bidder. Defendant’s principal bid; but, plaintiff’s bid being the highest, he received the lease on July 30, 1914, for a term of five years. Defendant refused to vacate the island and claimed all the foxes then running wild thereon. Plaintiff brought suit for possession and for damages. The court held the defendant is a trespasser. The Secretary of Commerce had authority to lease the island to ifiaintiff, who is entitled to possession of the premises.</p> <p>,2. Public Lands <&wkey;47—Reservations in Alaska.</p> <p>A reservation may be made either by treaty, by executive order, or 'by an act of Congress, and all of these methods are expressly recognized by the homestead and pre-emption laws. No set form of words or phrases is necessary to set aside a reservation. The sovereign is not parting with the title, but only setting it apart to be used for specific purposes. It is enough, if there are sufficient words to indicate the. purpose of the power that can act, to show that in the given case it intended to act.</p> <p>3. Public Lands ©=396—Reservations in Alaska.</p> <p>Although it may he true that prior to 1898 the Secretary of the Treasury, who had assumed authority to lease islands for the propagation of foxes, had no statutory authority to do so, nevertheless there is no question that, subsequently to that time, he had statutory authority to make such leases, as the above proviso, by excepting such islands from entry and sale, withdrew them from the public domain and set them apart for that purpose.</p> <p><@=s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>